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Last updated Tuesday, 20 August 2019

The identity and the contact data of the Supplier of products and/or services and the contact data of the data protection officer
Identity and the contact data of the Supplier of products and/or services (also referred to in this Privacy Policy the “Supplier of products and/or services” or the”Controller”):

1 Click Eat (1clickeat.com) is a trading name of

Attenti A Quei Due Limited
10 BRAEMAR DRIVE, DUNFERMLINE KY11 8ES SCOTLAND
+44 7933 644046
Company registration number: N.SC623839
VAT Number: 317 2613 23

Data protection officer: Claudio INGROSSO
Email: admin@1clickeat.com

 

1.1. Contact data of the data protection officer (“DPO”), as highlighted above, as long as it was (necessary to be) appointed as such data protection officer.

  1. Purposes (and related legal basis) of the processing(s)

2.1. The Controller shall process the personal data you (also referred to in this privacy policy ”you” or the “client” or the “data subject”) provided by the client (eg. Name, surname, (delivery) address, phone no., email address) when ordering products and/or services through the application of the Provider (referred to in this Privacy Policy the “application” or the ”solution”), and communicated by the Provider to the Controller, for any purposes in order to take the steps in order to conclude a contract with the client (following a request expressed by the client when using the application) and to perform the agreement concluded with the client (the “agreement”).

2.2. Your electronic contact details provided in the context of selling a product or a service may be used for direct marketing (unsolicited communications) regarding similar products or services. You can always withdraw your consent by using the unsubscribe link available prior to any ordering session of yours or in the footer of any marketing email communication received from us.

2.4. Without affecting the generality of the foregoing and for the sake of clarity, your (electronic contact) data may be used by the Controller and/or the suppliers of products and/or services in order to send you direct marketing communications (unsolicited communications, for products or services that are not similar to those in the context of which you provided your data), as long as you gave your consent for such purpose. You can always withdraw your consent by accessing the provided link.

2.5. The Controller will store and process any of your personal data to the maximum extend and period provided by the mandatory applicable legal regulations in force.

2.6. The Controller will also process your personal data for any other purposes for which you expressed the unambiguous consent.

  1. Legal basis of the processing

The legal basis of the processing are article 6 paragraph (1) letter (b) and (c), as well as, especially in case of the direct marketing, the letter (f), from the Regulation (EU) 2016/679 of the European Parliament and of the Council, from 27 April 2016 (referred to in this Privacy Policy the “Regulation” or (“GDPR”), namely:

(b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;

(c) processing is necessary for compliance with a legal obligation to which the Controller is subject;

………………….

(f) processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party…”.

To the maximum extent permitted by the legal regulations in force, the personal data processing for direct marketing purposes may be performed for a legitimate interest, taking into consideration there is a relevant and adequate relationship between the data subject and the Controller, the data subject being/becoming a client of the Controller. The legitimate interests pursued by the Controller through the direct marketing communications, mainly are the possibility of keeping the client updated with the activity of the Controller.

  1. Recipients or the category of recipients of the personal data

4.1. Sending your data to different recipients and in different (third) countries, recipients that are processing the personal data for (compatible, related and correlated purposes with) the purpose of executing the contract you have with the Controller, namely: delivery providers, printing providers, pos billing providers, loyalty providers, etc.

4.2. Also, without affecting the generality of the foregoing and for the sake of clarity, the following information, will be transmitted to the following categories of recipients, for the following purposes:

4.2.1. Your details, namely: last name, first name, email address, phone number, delivery address (if relevant), provided together with the details of your order, on the electronic way (excluding the details of the payment card, if you have chosen the online payment process) will be (re)transmitted through email messenger operators to the Controller and back to you, to your email address, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or rejection of the order or about the missed orders and about the delivery of your order.

4.2.2. If possible, your details, namely : last name, first name, email address, phone number, delivery address (if relevant), provided together with the details of your order, on the electronic way (excluding the details of the payment card, if you have chosen the online payment process) will be (re)transmitted through SMS messenger operators to the suppliers of products and/or services and back to you, by SMS, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or rejection of the order or about the missed orders and about the delivery of your order.

4.2.3. As well as, the personal data will be sent in order to be stored by the data storage providers

  1. Transfers of personal data to third countries or an international organization

5.1. An eventual transfer or a set of transfers of personal data to a third country or an international organisation shall take place only on one of the following conditions:

(a) the data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards;

(b) the transfer is necessary for the performance of a contract between the data subject and the Controller or the implementation of pre-contractual measures taken at the data subject’s request;

(c) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the Controller and another natural or legal person;

(d) the transfer is necessary for important reasons of public interest;

(e) the transfer is necessary for the establishment, exercise or defence of legal claims;

(f) the transfer is necessary in order to protect the vital interests of the data subject or of other people, where the data subject is physically or legally incapable of giving consent;

  1. g) existence of a adequacy decision according with the Regulation;
  2. h) existence of appropriate safeguards, including binding corporate rules according with the Regulation;

5.2. The following data will be transferred to the following third countries, as follows:

5.2.1. Last name, first name, email address, phone number, delivery address (if relevant) will be sent in USA, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or rejection of the order or about the missed orders and about the delivery of your order.

5.2.2. Last name, first name, email address, phone number, delivery address (if relevant) will be sent in USA, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or rejection of the order or about the missed orders and about the delivery of your order.

5.2.3. Last name, first name, email address, phone number, delivery address (if relevant) will be sent in USA, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or rejection of the order or about the missed orders and about the delivery of your order.

5.2.4. Last name, first name, email address, phone number, and delivery address (if relevant) Order session originating IP will be send in USA, in order to be stored and/or in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or reject of the order or about the missed orders and about the delivery of your order.

  1. The period for which the personal data will be stored/ The criteria used to determine that period.

The personal data will be stored for 1 year but not less than the period provided by the legal regulations in force.

The personal data will be (mainly) stored in order to execute the agreement as well as for fiscal and/or legal purposes and additionally, specifically and without affecting the generality of the foregoing, the email address and the phone number (as and if the case may be) will be stored for direct marketing purpose.

  1. Obligation to provide the personal data and of the possible consequences of failure to provide such data

The provision of the personal data is a contractual requirement.

The data subject is obliged to provide the personal data.

The refusal to provide (certain) (personal) data will lead (as consequences of not fulfilling the obligation to provide respective data) to the impossibility of (fully) using the application and/or certain functionalities of the application and/or to the impossibility to order and/or to buy and/or to pick-up and/or delivery of products and/or services, as the case may be, the Controller being entitled not to process the order.

Without affecting the generality of the foregoing and for the sake of clarity:

  1. i) In case the data regarding the location were the products has to be delivered are not provided, the products cannot be delivered;
  2. ii) In case the email address is not provided, we cannot send you any information about confirmation or reject of the order or about the missed orders and/or other information regarding your order and the communications with you cannot be performed;
  3. v) In case the name and surname are not provided, we will not have the minimum identification data to have a valid agreement with you and also your order will not be processed and we won’t be able to send you the information about confirmation or reject of the order or about the missed orders
  4. vi) In case the IP addresses are not provided, no further investigations can be performed in order to determine what happened and whether or not you were a victim of a fraudulent ordering session (e.g. fake orders, prank orders or purchase impersonation), therefore the order may not be safely accepted.

vii) In case the phone number is not provided the Controller may not contact you back in a timely manner for order-related clarifications or delivery address clarifications, as the case may be.

  1. Right of access by the data subject

8.1. The data subject has the right to obtain from the Controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

(a) the purposes of the processing;

(b) the categories of personal data concerned;

(c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

(d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

(e) the existence of the right to request from the Controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;

(f) the right to lodge a complaint with a supervisory authority;

(g) where the personal data are not collected from the data subject, any available information as to their source;

(h) the existence of automated decision-making, including profiling, referred to in the Regulation and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

8.2. Where personal data are transferred to a third country or to an international organisation, the data subject has the right to be informed of the appropriate safeguards relating to the transfer.

8.3. The Controller provides a copy of the personal data undergoing processing. For any further copies requested by the data subject, the Controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information are provided in a commonly used electronic form.

8.4. The right to obtain a copy referred to in paragraph 8.3 doesn’t adversely affect the rights and freedoms of others.

  1. Right to rectification

The data subject has the right to obtain from the Controller without undue delay, the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

  1. Right to erasure (‘right to be forgotten’)

10.1. The data subject has the right to obtain from the Controller the erasure of personal data concerning him or her without undue delay, and the Controller has the obligation to erase personal data without undue delay where one of the following grounds applies:

(a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(b) the data subject withdraws consent on which the processing is based, where the processing takes place on the basis of the data subject’s consent given for processing personal data for one or more specific purposes and where there is no other legal ground for the processing;

(c) the data subject objects to the processing, on grounds relating to his or her particular situation, in accordance with the Regulation, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing for direct marketing purpose and where there is no other legal ground for the processing;

(d) the personal data have been unlawfully processed;

(e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the Controller is subject;

(f) the personal data have been collected in relation to the offer of information society services to a child, in accordance with the Regulation.

10.2. Where the Controller has made the personal data public and is obliged pursuant to paragraph 10.1 to erase the personal data, the Controller, taking account of available technology and the cost of implementation, takes reasonable measures, including technical measures, to inform controllers and processors which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

10.3. Paragraphs 10.1 and 10.2 do not apply to the extent that processing is necessary:

(a) for exercising the right of freedom of expression and information;

(b) for compliance with a legal obligation which requires processing by Union or Member State law to which the Controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller;

(c) for reasons of public interest in the area of public health in accordance with the Regulation;

(d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with the Regulation, in so far as the right referred to in paragraph 10.1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

(e) for the establishment, exercise or defence of legal claims.

  1. Right to restriction of processing

11.1. The data subject has the right to obtain from the Controller restriction of processing where one of the following applies:

(a) the data subject contests the accuracy of the personal data for a period enabling the Controller to verify the accuracy of the personal data;

(b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;

(c) the Controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;

(d) the data subject has objected to processing on grounds relating to his or her particular situation, in accordance with the Regulation, pending the verification whether the legitimate grounds of the Controller override those of the data subject.

11.2. Where processing has been restricted under paragraph 11.1, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

11.3. A data subject who has obtained restriction of processing pursuant to paragraph 11.1 is informed by the Controller before the restriction of processing is lifted.

  1. Notification obligation regarding rectification or erasure of personal data or restriction of processing

The Controller communicates any rectification or erasure of personal data or restriction of processing carried out in accordance with paragraph 9, paragraph 10.1. and paragraph 11 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The Controller informs the data subject about those recipients if the data subject requests it.

  1. Right to data portability

13.1. The data subject has the right to receive the personal data concerning him or her, which he or she has provided to the Controller, in a structured, commonly used and machine-readable format and has the right to transmit those data to another controller without hindrance from the Controller to which the personal data have been provided, where:

(a) the processing is based on consent or on a contract; and

(b) the processing is carried out by automated means.

13.2. In exercising his or her right to data portability pursuant to paragraph 13.1, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible.

13.3. The exercise of the right referred to in paragraph 13.1 of the present Article is without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller.

13.4. The right referred to in paragraph 13.1 does not adversely affect the rights and freedoms of others.

  1. Right to object

14.1. At any time, the data subject has the right to object, on grounds relating to his or her particular situation, to processing, for the purpose of the legitimate interests pursued by the Controller or a third party, personal data concerning him or her, including profiling based on those provisions. The Controller does no longer process the personal data unless the Controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

14.2. Where personal data are processed for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning him or her for such purpose, which includes profiling to the extent that it is related to such direct marketing.

14.3. Where the data subject objects to processing for direct marketing purposes, the personal data is longer processed for such purposes. In case the data subject chooses the processing of personal data for the purpose of direct marketing, separately and without any connection to another action, including by activating any accept button regarding the processing of personal data for the purpose of direct marketing, the latest personal data provided in any way will be processed for direct marketing purpose.

14.4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 14.1. and 14.2. is explicitly brought to the attention of the data subject and presented clearly and separately from any other information.

14.5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.

14.6. Where personal data are processed for scientific or historical research purposes or statistical purposes in accordance with the Regulation, the data subject, on grounds relating to his or her particular situation, has the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

  1. Automated individual decision-making, including profiling

15.1. The data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.

15.2. Paragraph 15.1. does not apply if the decision:

(a) is necessary for entering into, or performance of, a contract between the data subject and a data controller;

(b) is authorised by Union or Member State law to which the Controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or

(c) is based on the data subject’s explicit consent.

15.3. In the cases referred to in points (a) and (c) of paragraph 15.2., the data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the Controller, to express his or her point of view and to contest the decision.

  1. Right to lodge a complaint with a supervisory authority

16.1. Without prejudice to any other administrative or judicial remedy, every data subject has the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes the Regulation.

16.2. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 17.

  1. Right to an effective judicial remedy against a supervisory authority

17.1. Without prejudice to any other administrative or non-judicial remedy, each natural or legal person has the right to an effective judicial remedy against a legally binding decision of a supervisory authority concerning them.

17.2. Without prejudice to any other administrative or non-judicial remedy, each data subject has the right to exercise an effective judicial remedy where the supervisory authority which is competent pursuant to the Regulation does not handle a complaint or does not inform the data subject within three months on the progress or outcome of the complaint lodged pursuant to Article 16.

17.3. Proceedings against a supervisory authority are brought before the courts of the Member State where the supervisory authority is established.

17.4. Where proceedings are brought against a decision of a supervisory authority which was preceded by an opinion or a decision of the Board in the consistency mechanism, the supervisory authority forwards that opinion or decision to the court.

  1. Right to an effective judicial remedy against a controller or processor

18.1. Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to the Regulation, each data subject has the right to an effective judicial remedy where he or she considers that his or her rights under the Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with the Regulation.

18.2. Proceedings against a controller or a processor are brought before the courts of the Member State where the Controller or processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the data subject has his or her habitual residence, unless the Controller or processor is a public authority of a Member State acting in the exercise of its public powers.

  1. Representation of data subjects

19.1. The data subject has the right to mandate a not-for-profit body, organisation or association which has been properly constituted in accordance with the law of a Member State, has statutory objectives which are in the public interest, and is active in the field of the protection of data subjects’ rights and freedoms with regard to the protection of their personal data to lodge the complaint on his or her behalf, to exercise the rights referred to in Articles 16, 17 and 18 and to exercise the right to receive compensation referred to in the Regulation on his or her behalf where provided for by Member State law.

19.2. Member States may provide that any body, organisation or association referred to in paragraph 19.1 of this Article, independently of a data subject’s mandate, has the right to lodge, in that Member State, a complaint with the supervisory authority which is competent pursuant to Article 16 and to exercise the rights referred to in Articles 17 and 18 if it considers that the rights of a data subject under the Regulation have been infringed as a result of the processing.

  1. Right to compensation and liability

20.1. Any person who has suffered material or non-material damage as a result of an infringement of the Regulation has the right to receive compensation from the Controller or processor for the damage suffered.

20.2. Any controller involved in processing is liable for the damage caused by processing which infringes this Regulation. The processor is liable for the damage caused by processing only where it has not complied with obligations of the Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the Controller.

20.3. The controller or processor shall be exempt from liability under paragraph 20.2 if it proves that it is not in any way responsible for the event giving rise to the damage.

20.4. Where more than one controller or processor, or both a controller and a processor, are involved in the same processing and where they are, under paragraphs 20.2. and 20.3, responsible for any damage caused by processing, each controller or processor shall be held liable for the entire damage in order to ensure effective compensation of the data subject.

20.5. Where a controller or processor has, in accordance with paragraph 20.4., paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processing that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in paragraph 18.2.

20.6. Court proceedings for exercising the right to receive compensation is brought before the courts competent under the law of the Member State referred to in 18.2.

  1. Withdrawal of the consent

Where the processing is based on: i) the consent of the data subject given for processing his/her personal data for one or more specific purposes; or ii) the consent of the data subject given for processing certain special personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition to process special personal data may not be lifted by the data subject,
the data subject has the right to withdraw the consent at any time, without affecting the lawfulness of processing based on the consent before its withdrawal.
For the sake of clarity the withdrawal of the consent shall not affect the processing of the personal data based on other legal basis.

22.Cookie Policy

Controller’s webs application may use “cookies.”

Cookies are text files containing small amounts of information which are downloaded to your device when you visit and use the web application. Cookies are then sent back to the originating URL on each subsequent visit, or to another URL that recognises that cookie. Cookies are useful because they allow a website to recognise a user’s device. You can find more information about cookies at: www.allaboutcookies.org and www.youronlinechoices.eu . For a video about cookies visit www.google.co.uk/ goodtoknow/data-on-the-web/cookies.
Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improve the user experience.
They can also help to ensure that adverts you see online are more relevant to you and your interests.

You may set and/or adjust your (browser) settings and preferences regarding cookies at any time, and you may disable cookies. Disabling them may prevent you from using certain parts/functionalities of the Controller’s web application.

We may collect anonymous information, including for statistical or research purposes.

We use the following categories on our web based application:

Category 1 — Strictly Necessary Cookies

These cookies are essential in order to enable you to move around Controller’s web application and use its features, such as accessing secure areas. Without these cookies services like shopping baskets or e-billing cannot be provided.

Category 2 — Performance Cookies

These cookies collect information about how you use the Controller’s web application — for instance, which pages you go to most, and if they get error messages from web pages and/or the web application. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how the Controller’s website(s) and/or the application works.

As 3rd party cookies in this category we use Google Analytics, a service which transmits website traffic data to Google servers in the United States. The reports provided by Google Analytics help us understand website traffic and webpage usage. Google Analytics does not identify individual users or associate your IP address with any other data held by Google.

Google Analytics: For more information about Google Analytics cookies, please see Google’s help pages and privacy policy:

Google’s Privacy Policy

Google Analytics Help pages

Google has developed the Google Analytics opt-out browser add-on; if you want to opt out of Google Analytics, you can download and install the add-on for your web browser here.

Category 3 — Functionality Cookies

These cookies allow the Controller’s web application to remember choices you make while browsing and/or using the application (such as your user name, language or the region you are in) and provide enhanced, more personal features.
These cookies can also be used to remember changes you have made to text size, language and other parts of web pages that you can customize.
The information these cookies collect will not personally identify you, and they cannot track your browsing activity on non- Controller’s websites.

For reliable review of your order status, on-screen on the application, in real-time, and also for easy reordering, your data may be saved on your device, serving a cookie locally.

Category 4 – Targeting cookies or advertising cookies

These cookies will usually be third-party cookies, although if a user is visiting the advertising network’s own website it is technically possible these could be first party. They will always be persistent but time-limited cookies. These cookies can be associated with services provided by the third party but this is not always the case. These cookies contain a unique key that is able to distinguish individual users’ browsing habits or that can be translated into a set of browsing habits or preferences using information stored elsewhere. Generally speaking, the privacy statement should indicate if the cookie is being used as part of an advertising network. Cookies may also be used to limit the number times a user sees a particular ad on a website and to measure the effectiveness of a particular campaign.

Examples include:

  • Cookies placed by advertising networks to collect browsing habits in order to target relevant adverts to the user. The site the user is visiting need not actually be serving adverts, but often this will also be the case.
  • Cookies placed by advertising networks in conjunction with a service implemented by the website to increase functionality, such as commenting on a blog, adding a site to the user’s social network, providing maps or counters of visitors to a site.

By default, the web ordering application and its originating website URL is not serving category 4 cookies. However, it may be possible to order online from other websites that frame-in or facilitate access to the online menu and web application. Therefore, please always check the cookie policy of the visited website from which you initiated an online ordering session in order to find out if any category 4 cookies are served and which is the way to opt-out or opt-in for them, as the legal case may be.

  1. Processing of your personal data by the Provider as the processor of the suppliers of products and/or services

The Provider may also process your personal data as the processor of the supplier of products and/or services, including without limitation for the following purposes, according to those agreed with the suppliers of products and/or services : i) data storage for the suppliers of products and/or services; ii) sending notifications to you regarding the information about confirmation or reject of the order or about the missed orders and about the delivery of your order; iii) sending to you direct marketing communications; iii) collection of the IP addresses in order to be used in case of any litigation and/or fraud regarding the payments; iv) sending your data to different recipients and in different (third) countries, recipients that are processing the personal data for compatible, related and correlated purposes with the purpose of executing the contract you have with the suppliers of products and/or services, namely: delivery, printing, pos billing, loyalty, online payment processing, etc.

  1. Miscellaneous

24.1. You have all the rights mentioned in the present Privacy Policy as well as any other rights mentioned by the mandatory legal regulations in force regarding personal data processing.

24.2. Your rights mentioned in the present Privacy Policy can be exercised according with the Regulation and any other applicable legal regulations in force.

24.3. Any requests and/or demands sent by you towards the Controller for exercising any of your rights may be made in writing, by registered letter that will be sent to the headquarter of the Controller and/or online via the contact for or contact email of the Controller as found on the website 1clickeat.com or at the email of the DPO, if such DPO exists, and/or by any other ways of communications mentioned in the legal regulations in force.

24.4. The data subject may request, according to the above mentioned ones, and obtain, free of charge, in particular, access to and rectification or erasure of personal data, restriction of the processing of personal data, data portability, and the exercise of the right to object and also the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her but also in relation with the security breach of the personal data.

24.5. The terms used in the present Privacy Policy will have the meaning defined in the Regulations, unless the context otherwise requires or it is otherwise provided herein.

24.6. Except otherwise required by the mandatory legal regulations in force, the Controller reserves the right to update and change the Privacy Policy from time to time without specific notice.

Supported by:

2UD.biz | admin@2ud.biz | +44 (0) 7933 644 046

 

Last updated Tuesday, 20 August 2019

AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Attenti A Quei Due Limited (“Company“, “we”, “us”, or “our”), concerning your access to and use of the 1 Click to Eat (1clickeat.com) website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.  

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use;  (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). 

PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 

SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS 
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.  

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW 
These Terms of Use and your use of the Site are governed by and construed in accordance with the Laws of Scotland applicable to agreements made and to be entirely performed within the Legal jurisdiction of our Head Office, without regard to its conflict of law principles.  

DISPUTE RESOLUTION
If the Parties are unable to resolve a Dispute through informal negotiations, We reserve the right to avail ourselves of all and/or any legal remedies afforded to us under the Laws of Scotland and within the Legal jurisdiction of our Head Office.

CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR __________. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.  

USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.  

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US 
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us: 

1 Click Eat (1clickeat.com) is a trading name of

Attenti A Quei Due Limited
10 BRAEMAR DRIVE
DUNFERMLINE KY11 8ES
Scotland

+44 7933 644046

Company registration number: N.SC623839
VAT Number: 317 2613 23
Data protection officer:
Claudio INGROSSO
Email: admin@1clickeat.com

Last updated Tuesday, 20 August 2019

General terms and conditions of business for online ordering
(hereinafter referred to as the “1 Click to Eat” or “We” or “Us” “The Company”)
These Terms and Conditions apply to you as a client for online ordering (hereinafter referred to as “you” or the “user” or the “client”)

PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN YOU SHOULD NOT ACCESS AND/OR USE THE ONLINE ORDERING (HEREINAFTER NAMED “ONLINE ORDERING APPLICATION”). ACCESS AND/OR USE OF THE ONLINE ORDERING BY YOU SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

Subject to applicable legal regulations in force, We may, at our discretion, from time to time amend or otherwise modify the Terms and Conditions of Use. We recommend that You carefully read, each time you order online, the Terms and Conditions as they may affect your rights.

These Terms and Conditions describe the general online ordering terms and conditions between Us, Our Restaurants and You and different rights and obligations of the Parties.

The Parties undertake to fulfil their own obligations and irrevocably agree that in no way these responsibilities can be transferred. For the avoidance of doubt, We accept NO responsibility for any liabilities due to Restaurants’ negligence, misconduct, or other liability arising from food preparation, presentation and/or delivery. All such liabilities will remain firmly the Restaurants and will be resolved between themselves and their Clients. We will not arbitrate such circumstances, but retain the right to act in any appropriate manner and our sole discretion.

For the sake of clarity, these Terms and Conditions apply (also) in case of online ordering through the application (hereinafter referred to as the “online ordering application” or the “application“; the applications is the online ordering application used by the Client to place its order for different products and/or services (hereinafter referred to as the “products” and/or “services”).

The online ordering application is owned and operated by the licensor of the license agreement regarding the use of the application in order to order online.
Without affecting the generality of the present Terms and Conditions and for the sake of clarity You must also respect the license agreement regarding the use of the application in order to order online.

The Company shall make all the necessary diligences to ensure that the information in relation with the online ordering is accurate and reliable. However, this cannot be infallible and errors may sometimes occur. You should take appropriate steps to verify all information in relation with the online ordering before using it. To the maximum extent permitted according to the applicable law, the Company disclaims any warranty or representation of any kind, whether express or implied, as to any matter whatsoever relating to the online ordering, including without limitation the availability of the online ordering application.

The Company may from time to time revise the information in relation to the online ordering application and/or process and reserves the right to make such changes without any obligation to notify any past, current or prospective clients. In no event shall the Company be liable for any indirect, special, incidental or consequential damages arising out of any use of the information contained herein and/or in relation with the online ordering process.

By ordering online, you acknowledge and agree that the use of the online ordering application and/or processes at your own risk and the maximum extent permitted according to the applicable law, in no circumstances, shall We be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this online ordering and/or any application and/or material on any site linked to this online ordering application (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if We have been advised of the possibility of such damage. In addition, no liability can be accepted by Us in respect of any changes made to the content of the online ordering application and/or process by unauthorized third parties. All express or implied warranties or representations are excluded to the maximum extent permitted according to the applicable law.

The online ordering application and/or process may include content, information or links to third parties or third party sites. The Company is not responsible for the content of any such sites or neither for the content of any third party advertising or sponsorship nor for compliance of such with any regulations. The links may be accessed at the user’s own risk and the Company makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this ordering online application. You agree to hold harmless and relieve the Company from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.

Except otherwise expressly mentioned, all the information in relation with the online ordering application (including without limitation the images, buttons and text) are property and/or available with the permission of the licensor of the license agreement regarding the use of the application in order to order online and holds usage rights over them and, may not be copied, distributed, or reproduced or transmitted in any form or by any mean, electronic, mechanical, photocopying, recording or otherwise, without its prior written permission.

The content referring to specific products (e.g. food items), arrangement and texts layout of the online ordering application and/or process, the trademarks, and any other content, are proprietary and are protected according with the legal regulations in force and cannot be used in any way without the express written permission of the Company.
The Client does not obtain any license or right regarding the information in relation with the online ordering and/or application.

If you decide to order online using the online ordering application, you may be asked to provide full contact details and/or to create an account and you may need to accept cookies. You must keep your data confidential and must not disclose it to anyone. The Company reserves the right to suspend the use of the online ordering application and/or process if you breach the Terms and Conditions.

You acknowledge and agree that all orders are treated as an express intention to purchase the nominated products and/or services for the agreed online prices and We treat this as an binding offer from you to purchase such products and services. Any variations must be in writing, otherwise they will not be binding on either party.

The acceptance of any order for any of the products and/or services shall be at the entire discretion of the Company. Our acceptance of an order may occur when you receive an on-screen message and/or email notification and/or an SMS, confirming your order.

The Company reserves the right to refuse any service, terminate your access to the online ordering application and/or process, remove or edit any content or accept your order/s in its sole discretion and without prior notice to you.
The Company’s online ordering application must only be used by persons over the age of eighteen (18) years, or the minimum legal age as permitted by the law or otherwise under the supervision of an adult or guardian.

Any products and/or services provided through the online ordering application are done so on an “as is” and “if available” basis and the Company expressly excludes any warranties, conditions, representations or other terms with respect to the online ordering or the content or products displayed on it, whether express or implied, unless expressly stated to the contrary.

The pictures of the products are for presentation only. The ordered products may have differences (e.g. color, form, etc.) towards the photos existing on the site. The Company is not liable in any way if the description of products is not complete.

Delivery orders are also subject to: i)Your address falling in the defined delivery area of the Company; ii)Availability of the Company being online for accepting online orders; iii) Your Order may be subject to a minimum amount per order;
You can pay by any of the methods listed in our checkout screen. Please make sure that if your order is placed using a credit or debit card, the card is valid on the date of your order placement. The Company may provide no refunds to the orders paid online. Contact Us directly to settle any payment dispute or refund claim.

You may be automatically directed to an online listing referring to Your nearby Company service location. Please note that prices, minimum spend restrictions and maximum cash spend restrictions vary from location to location. In addition, if you order on-line, the price charged may be different to the price for the Products had they been ordered in-store or by telephone.

The online order once placed cannot be modified or cancelled either through the website or offline by calling the Company. Anyhow, if you wish to cancel or complain about your order, please call your local Company service location, details of which will be included in the confirmatory e-mail sent to you upon placing your order and We can see how we can help you.

We will aim to provide you with your ordered products as close as possible to your requested delivery/collection time but we cannot guarantee the delivery time in all the cases. Delivery time may be affected due to bad weather or traffic conditions. This is to ensure the safety of our riders. Delivery service may be temporarily unavailable in selected areas due to bad weather or unforeseen circumstances.

The Client agrees to accept delivery of the Products at the agreed time and place of delivery. If you have chosen for the Products to be delivered, the Company will deliver the order to the main entrance of the delivery address but any deliveries carried into the delivery address will only be made if the driver and you consent to this. If you are not present to take delivery of the goods at the address given in your order, then We will not refund you the price for your order and will charge you for the full amount of your order.

Risk in the Products shall pass to the Client on delivery. Any software service/software is used and/or downloaded at your own risk. If you are in any doubt as to the suitability of the software service/software to be used and/or downloaded for your computer it is recommended that you obtain specialist advice before using and/or downloading it.

You are responsible for maintaining the confidentiality of your personal details, password and payment details. You agree to accept full responsibility for all your activities in relation with the online ordering (application).

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. In case any provision of this agreement is and/or becomes void, illegal, invalid or inapplicable, it shall not affect the validity or the applicability of the other contractual clauses, which shall continue to be in force and to produce legal effects as if the void, illegal, invalid or inapplicable clause was not part of this agreement.

This Terms and Conditions do not affect your statutory rights.

The Company trademarks, as well as the related trademarks of others and related proprietary property are protected from copying and simulation under national and international laws and are not to be reproduced or copied without the express written permission of the Company.

To the fullest extent permitted by law, the Company excludes all liability arising out of its supply of the Products and in particular shall not be responsible for any loss or damage, arising directly or indirectly out of or in connection with delay beyond the estimated delivery or pickup time; any circumstances over which the Company had no control of the consequences and which the Company could not avoid by the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by the Client or others. In any event, the Company’s liability to the Client shall not exceed the total price charged for the relevant products/and or services.

This terms and Conditions shall be governed by and construed in accordance with the laws of the country in which the Company is headquartered and the Company and any dispute arising out of or in connection with these shall be settled by the competent courts from the headquarter of the Company, excluding the possibility of reference to conflict of laws.

 

CONTACT US 
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us: 

1 Click Eat (1clickeat.com) is a trading name of

Attenti A Quei Due Limited
10 BRAEMAR DRIVE
DUNFERMLINE KY11 8ES
Scotland

+44 7933 644046

Company registration number: N.SC623839
VAT Number: 317 2613 23
Data protection officer:
Claudio INGROSSO
Email: admin@1clickeat.com

Last updated Tuesday, 20 August 2019

SUBSCRIPTION CONTRACT TERMS AND CONDITIONS

At 1clickeat.com we’re committed to being transparent with our subscribers and users of our website (www.1clickeat.com) about what it means to be a subscriber, how we’ll be contacting you and what we do with your information. This statement is our subscription terms and conditions for 1clickeat.com. Please read it carefully before subscribing. If for any reason, you do not agree with these terms and conditions please do not subscribe to our products or website. In using our website, please note that you are agreeing to abide by our website terms of use. For further information, or any questions regarding this statement should be directed to: admin@1clickeat.com, by writing to: FAO: The Compliance Officer 1clickeat.com 10 Braemar Drive Dunfermline Fife KY11 8ES or alternatively by calling: 07933 644 046 WHO ARE WE AND WHO IS MY CONTRACT WITH? We’re 1clickeat.com a registered domain belonging to Claudio INGROSSO trading as 2UD.biz, the engine behind 1clickeat.com, the multichannel platform serving restaurants like yours. We provide content via our website (online and offline), on our website (www.1clickeat.com) and via direct e-Communications to our subscribers. We also offer advertising opportunities to brands looking to connect with small business owners. 2UD.biz comprises of 1clickeat.com, with its trading address at 10 Braemar Drive, Dunfermline, Fife KY11 8ES. Your contract for 1clickeat.com and/or 1clickeat.com website is held with 1clickeat.com.
 SUBSCRIBING AND CONTRACT FORMED
There are multiple ways to subscriber to 1clickeat.com and/or 1clickeat.com Magazine, including: 1) Calling your 1clickeat.com Representative 2) Emailing us: admin@1clickeat.com 3) Calling us: 07933 644 046 4) Writing to us: FAO Subscription Team, 1clickeat.com, 10 Braemar Drive, Dunfermline, Fife KY11 8ES When you confirm your subscription (online, by email, phone or post) in each case you are acknowledging your agreement to these terms and conditions which enters you into a legal binding contract resulting in your contract being formed. If you are a paying subscriber receiving a monthly service and software access from 1clickeat.com you are confirming your subscription once your payment has been processed and enters you into a legal binding contract resulting in your contract being formed. You will receive confirmation of your subscription and/or payment via email within 14 days of agreeing to subscribe. We reserve the right to not accept or process or fulfil the order, and a validation check may be carried out by us to check your identity and the bona fides of the order. If, for any reason, we are unable to process payment authorization by your card issuer, or if we are unable to accept the order, we will notify you. If payment has already been processed, we will refund it to your payment card in full. DELIVERY OF THE SERVICE If you are subscribing to receive our online services, which may include access to our software, apps, or the rental of hardware from 1clickeat.com, we will deliver said services for the address given when you place the order. Any order placed will commence within a reasonable amount of time necessary for compiling your data for use on our website and apps, so please allow up to 20 days to receive our services. You agree that we are not responsible if you have given us the incorrect or incomplete information, like address, restaurant or menu details. Nevertheless, if you allow a reasonable amount of time to correct any errors or omissions you may have made, we will be more than happy to correct matters, and depending on the nature of your errors or omissions, or unless these are exclusively attributable to us, we will do this at no charge to you, except of course if said errors are substantial and not attributable to us in any way, in which case you may incur the relevant charges as each case may require. You also agree that we will not refund the cost of any services that are delivered with incorrect information to us. We ask that you notify us immediately if you move address so we can update your subscription details, including Restaurant address, telephone, etc.. You may not sell or authorize for sale or authorize others to sell our services delivered to you, in whole or in part. However, passing on details of other restaurant owners who may wish to acquire our services is encouraged and rewarded. Please speak to our Representative for your area. You acknowledge that as between us and you, all intellectual property rights in our Website and/or any part of it are owned exclusively by us throughout the world for the full period of copyright. DELAYED DELIVERY/NON-DELIVERY We will not be held liable for any delay of delivery or non-delivery of services as a result of the following circumstances. (i) Where payment has been refused via your card issuer and/or we are unable to process payment. (ii) Where a delay or failure or failure to publish is due to unforeseen circumstances out of our control, or the control of our agents. This includes, but is not restricted to: postal strikes, labour disputes or malicious damage involving employees, strikes, legislative constraints, failure of transport infrastructure, failure of telecommunication links, utilities failure, fire, flood, government act, act of God. CANCELLATIONS AND REFUNDS Where a minimum term of 12-month subscription is ordered, cancellations are not permitted until the end of such period, nor are part cancellation or reimbursement of cost of services not yet delivered to you. Should you cancel a subscription without our consent, we will switch off all services to you and may bar you from re-subscribing. You can cancel your subscription after periods of 1 year each, and at least with 30 days’ notice. To do this please contact your area representative or: 1) email: admin@1clickeat.com 2) write to us: FAO Subscription Team, 1clickeat.com, 10 Braemar Drive, Dunfermline, Fife KY11 8ES and provide the reason for cancellation. Your service will be thus discontinued. Your card provider may charge a fee to process your cancellation. PRICE GUIDELINES Prices are clearly displayed online and VAT (where applicable). You will make either a one-off payment for a 12-month term within 7 (seven) days of formation of your contract, agree separate terms, or pay for products as prescribed. We reserve the right to increase or decrease our pricing at any time, and will occasionally run offers and events with promotions at a reduced price to attract new subscriptions (“Reduced Price Sales”). The price which you agreed to for the 12-month subscription at that particular time is the price you are contracted at, and will not be increased or decreased for you during that 12-month period. You agree that you are not entitled to any refund of the subscription cost initially agreed in relation to Reduced Price Sales. This subscription will automatically renew on a yearly basis, unless you notify us not less than 30 (thirty) days in advance of the annual renewal date that you no longer wish to subscribe. We will also notify you at this time of any changes in price for the next annual subscription period. If, for any reason, an error has occurred in terms of pricing you are offered for your order, we will notify you immediately. You will need to contact us to reconfirm the order, and if we are unable to contact you, it will be cancelled. If payment is taken incorrectly and processed twice, we will refund you the additional payment made. AUTHORISATION OF PAYMENT If you are not over 16 years of age or not using your own payment card, you must ask permission of the credit/debit card holder. By submitting payment, you are representing that you have obtained the express prior permission of the credit/debit card holder. LIABILITY Our liability to you in the event of any type of interruption of service by us shall, at our discretion, be limited to replacement or extension of the time of interruption. We confirm that we shall match the description of the service you purchased and that we will deliver the service to you using reasonable care and skill and within a reasonable period of the start of the service bought by you. To the extent permitted by law, we exclude all other liability to you. Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents. PERSONAL INFORMATION AND USE OF YOUR DATA We use the personal and transactional information you supply to us to fulfil your subscription order. When you confirm your subscription we require your acceptance of the content of our privacy policy: PRIVACY POLICY. With your consent, we may send you emails about our content, products, or services that could be of interest to you. We use common marketing platforms to communicate with our subscribers and advertisers. We offer the option to unsubscribe at any time which will delete any of your personal data. We will only hold your data for as long as is necessary for us to fulfil your subscription and always in line with our privacy policy. We offer withdrawal of consent and deletion of your data at any time upon your request. You have the right to ask for a copy of the information that 1clickeat.com hold about you. If you want to unsubscribe, update your preferences, or request a copy of the information that we hold about you, you can do so in a number of ways:
  • Selecting the your choices by ticking the relevant boxes when you subscribe (online, by phone or at an event)
  • Visiting relevant sections on our website
  • By email: admin@1clickeat.com
  • By phone: 07933 644 046
  • By writing to us: FAO: Compliance Officer, 1clickeat.com, 10 Braemar Drive, Dunfermline, Fife KY11 8ES
SECURITY AND PROCESSING PAYMENT We confirm that we use reasonable efforts to ensure that purchasing your subscription through us is completely safe and secure, but we shall not be responsible for any loss of data or any other loss in the event that such security is compromised. In particular, we will not be liable to you for any losses you may suffer as a result of unauthorised access by a third party to the personal or payment information you provide us. It is your responsibility to ensure the security of your own credit/debit card details to avoid unauthorised use by a third party. If you pay using your credit card, debit card or PayPal account, your order is processed by Paypal. This is reputed to be one of the most secure online payment systems in the world. We would encourage you to read Paypal’s privacy statement to give you further information on how they use and keep your data safe. We do not store credit card details, nor do we share customer payment details with third parties. Your bank or credit card statement will be processed under our company name, 1clickeat.com. VARIATION AND REVIEW OF THESE TERMS We update these terms regularly and reserve the right to modify them at any time so would encourage you to review them often. Changes and clarifications will take immediate effect upon their posting to the website. If we make material changes to these terms, we will notify you here that it has been updated. Once we have communicated any such changes by email, or by updating our terms and conditions online you will automatically be bound by the revised terms and conditions. SUBSCRIPTION If the services to you are substantially altered from what you originally bought from us when the contract was formed, we will amend the services in equal measure to make up for any difference. EQUIPMENT Any hardware supplied to you as part of our services is subject to a separate contract and unless you have purchased said equipment outright, this will need to be returned in good condition at the end of any subscription term. Damage and indemnities relating to such equipment are also governed by said contract. Please see the appropriate section under Equipment Loan Terms & Conditions. GOVERNING LAW These terms and conditions are governed by Scottish law. You hereby irrevocably submit to the exclusive jurisdiction of the Scottish courts, notwithstanding the jurisdiction where you are based. QUESTIONS AND CONTACTING 1clickeat.com If you would like to contact us about your subscription, register a complaint or would like further information about this statement or any information on our website please email: admin@1clickeat.com, write to us: FAO: Compliance Officer, 1clickeat.com, 10 Braemar Drive, Dunfermline, Fife KY11 8ES, or alternatively call: 07933 644 046. We obtain your details when you use our website, for example, when you download the latest edition of our apps, contact us about our products/services or if you subscribe to 1clickeat.com and/or any other service we provide. We also may collect your details upon meeting at an event, or within a phone call, where you consent to us doing so. WHAT TYPE OF INFORMATION IS COLLECTED FROM YOU? The personal data we collect from you may include: your name, address, email address, contact number(s) and IP address. We also may collect information from you surrounding your ‘area of interest(s)’ this includes what content/services that are of interest to you, as well as pages you have visited on our website. If you pay to subscribe to 1clickeat.com, your payment details are not held by us, it is collected by a third party payment secure payment providers, like Paypal.
HOW IS YOUR INFORMATION USED? We may use your information to:
  • Complete any subscription requests to 1clickeat.com
  • Complete any advertising requests on 1clickeat.com
  • Complete any press release requests on 1clickeat.com
  • Send you relevant content updates that you have requested, and may be of interest to you
  • Send you relevant products/services that you have requested, and may be of interest to you
  • Invite you to an event that you have requested, and may be of interest to you
  • Seek your views/comments on the services that we provide
  • Request that you update your preferences
  • Notify you of changes to our services
  • Process your Restaurant information
  • Process a comment on our content
WHO HAS ACCESS TO YOUR INFORMATION AND CAN THIRD PARTIES ACCESS YOUR INFORMATION? We will not sell or rent your information to third parties, nor will we share your information with third parties for marketing purposes. Where you have consented to us doing so, we may occasionally send e-Communications to you, or advertise third parties services via our own website, e-Communications etc., however your details are not then shared. Third party service providers working on our behalf: Occasionally, service providers, agents or subcontractors may be given your information for the purpose of completing tasks and providing our services to you on our behalf (for example, requesting that you update your preferences). When we use third party service providers, we will only disclose information that is relevant and vital to completing the requested task in order to deliver the agreed service. To ensure that your data is protected when working with third party service providers we have a contract in place that requires them to securely handle your data and doesn’t allow them to use your information for theirs or any other company or individual’s marketing purposes. When you subscribe to 1clickeat.com, providing you are requiring a paid subscription, your payment is processed by a secure payment provider. If you have any questions regarding our provider, PayPal, please contact us. We may transfer your collected data to storage outside the European Economic Area (EEA). It may be processed outside the EEA to fulfil your order and deal with payment. By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure. Data is owned by 1clickeat.com and kept securely. In the instance that 1clickeat.com was to be sold in its entirety or by individual asset, merged with another company, was legally required to disclose or share your personal data to comply with any legal obligation or otherwise restructured, we will take all necessary steps with the aim of ensuring your data is protected. CONSENT AND UPDATING YOUR PREFERENCES When you provide us with your personal information to subscribe to 1clickeat.com or download any material from our website (www.1clickeat.com) we require your acceptance of the content of this privacy policy, that you consent to our collecting it and using it for that specific reason only. If for a secondary reason, for example marketing, with your permission, we may get in contact with you with offers/updates that we think could be relevant or of interest to you. You have the choice as to whether or not you want to receive these from us. If you do not want to receive direct e-Communications from us, then you can update your preferences at any time in the following ways:
  • Selecting the your choices by ticking the relevant boxes when you subscribe (online, by phone or at an event)
  • Visiting the relevant section on our website and updating your profile
  • By email: admin@1clickeat.com
  • By phone: 07933 644 046
  • By writing to us: FAO: Compliance Officer, 1clickeat.com, 10 Braemar Drive, Dunfermline, Fife KY11 8ES
With your consent, we may send you emails about our content, products, or services that could be of interest to you. We use common marketing platforms to communicate with our subscribers and advertisers and offers the option to unsubscribe at any time, which will delete any of your personal data. We will only hold your data for as long as is necessary for us to fulfil your subscription and/or for so long as we have your permission to keep it. In any event, we may conduct an [annual] review to ascertain whether we need to keep your personal data. We offer withdrawal of consent and deletion of your data at any time upon your request. You have the right to ask for a copy of the information that 1clickeat.com hold about you by emailing admin@1clickeat.comor by writing to us: FAO: Compliance Officer, 1clickeat.com, 10 Braemar Drive, Dunfermline, Fife KY11 8ES USE OF ‘COOKIES’ Like many other websites, we use cookies. ‘Cookies’ are small pieces of information that are placed on to your computer and stored in your hard-drive – the use of cookies allows you as a site user to have a better experience when visiting our website. We only use anonymous cookies, which means that our cookies are not collecting any information that would allow you to be identified personally. We may collect data about your browsing behaviour/patterns to enable us to improve our website and provide you with more content that could be of interest to you. If you’d rather that our site and others didn’t enable cookies, you can disable them. There are a number of ways that you can do this, however we’d suggest consulting the Cookies section which offers more guidance on the subject. LINKS TO OTHER WEBSITES AND THEIR PRIVACY STATEMENTS Our payment provider along with other third party partners that we use will have their own privacy policies. Once you are redirected to a third party website, you are no longer governed by this privacy policy even if you access them using links from our website. When you click on links from our website they may redirect you away from www.1clickeat.com. We are not responsible for the privacy practices of other sites and would encourage you to read their privacy statements. 16 OR UNDER AND PARENTAL GUIDANCE We would recommend that any user of our website and/or subscriber is of a minimum age of 16 in order to find the content and services of interest. If you are aged 16 or under, please get your parent/guardian’s permission before sharing any personal data or information with 1clickeat.com. YOUR RIGHTS You can ask us not to use your data for marketing. You can do this by indicating your preferences on our forms, or by contacting us at any time at admin@1clickeat.com. Under the GDPR, you have the right to:
  • request access to, deletion of or correction of, your personal data held by us at no cost to you;
  • request that your personal data be transferred to another person (data portability);
  • be informed of what data processing is taking place;
  • restrict processing;
  • to object to processing of your personal data; and
  • complain to a supervisory authority.
You also have rights with respect to automated decision-making and profiling as set out below. To enforce any of the foregoing rights or if you have any other questions about our site or our Privacy Policies, please contact us at admin@1clickeat.com. AUTOMATED DECISION-MAKING AND PROFILING In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us. The right described above does not apply in the following circumstances:
  • the decision is necessary for the entry into, or performance of, a contract between you and us;
  • the decision is authorised by law; or
  • you have given your explicit consent.
Where we use your personal data for profiling purposes, the following shall apply:
  • Clear information explaining the profiling will be provided, including its significance and the likely consequences;
  • Appropriate mathematical or statistical procedures will be used;
  • Technical and organizational measures necessary to minimize the risk of errors and to enable such errors to be easily corrected shall be implemented; and
  • All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.
CHANGES AND REVIEW OF THIS POLICY We keep this policy under regular review. It was last updated as described at the top of this page. We reserve the right to modify it at any time so would encourage you to regularly review it. Changes and clarifications will take immediate effect upon their posting to the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it and/or disclose it and your choices. QUESTIONS AND CONTACTING 1clickeat.com If you would like to: access, correct, amend or delete any information that we have about you, register a complaint or would like further information about this statement or any information on our website please email: admin@1clickeat.com, write to us: FAO: Compliance Officer, 1clickeat.com, 10 Braemar Drive, Dunfermline, Fife KY11 8ES, or alternatively call: 07933 644 046. We will use our best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this privacy policy and contract or any breach of it. 1clickeat.com is a trading name of Attenti A Quei Due Limited Registered in Scotland N.SC623839. VAT Registeration N.317261323. Registered office address: 52 Bruce Street, Dunfermline, Fife, United Kingdom, KY12 7AG

Last updated Tuesday, 20 August 2019

Equipment Loan


Terms & Conditions

  1. OPERATION OF THESE TERMS These Terms apply to requests for Equipment to be provided on loan as made by Customers directly to 1clickeat.com (and, for the avoidance of doubt, do not apply to requests for any purchase of Deliverables). If the Customer has the benefit of a separate Contract signed by 1clickeat.com and currently governing all or part of these arrangements, the terms and conditions contained in that other Contract applicable to the supply of the relevant Equipment and any related services will prevail to the extent of any inconsistency. For particular Equipment, additional terms and conditions specific to that Equipment or any related services may also be specified in the relevant Schedule to this document.
  2. DEFINITIONS In this document, unless otherwise specified in a Schedule or the context otherwise requires:
    • Agreement means the contractual arrangements arising between 1clickeat.com and the Customer through the provision of any Equipment and (as relevant) related services on these Terms, as modified by any Contract
    • Available Equipment means each item of equipment identified as available for loan from
      1. 1clickeat.com as listed in a Request or identified as available for loan under a Contract
    • 1clickeat.com means, as relevant, 1clickeat.com, a trading name belonging to Attenti A Quei Due Limited, a company Registered in Scotland N.SC623839, with VAT Registeration N.317261323, and having its registered office address at 52 Bruce Street, Dunfermline, Fife, United Kingdom, KY12 7AG
    • Contract means any agreement under which 1clickeat.com has offered to supply, or is currently supplying, certain Deliverables to the Customer (and any agreement entered into by 1clickeat.com with or for the benefit of the Customer which supersedes that)
    • Customer means any party making a Request or otherwise entitled by its Contract to a loan of Equipment together with provision of any related services (and, where a Deliverable sought includes access to and support of the Platform, has also executed a Fee Letter (each as defined in Schedule 1)
    • Deliverable means any products, services or other deliverables that may be manufactured, distributed or otherwise supplied by 1clickeat.com in connection with its business. Equipment means those units of Available Equipment selected by the Customer for its own use as specified in a Plan or otherwise provided by a Contract (and any replacement equipment provided by 1clickeat.com in accordance with these Terms)
    • Improper Use means any unauthorized modification made to the Equipment, any failure by the Customer to use the Equipment in accordance with the manufacturer’s recommendations and any other improper act, error or omission of any Customer (or its employees, agents, or other contractors) in connection with the Equipment causing loss, damage, cost or expense to1clickeat.com
    • Loan Period means the period from the date on which the Customer receives the Equipment and continuing for so long as 1clickeat.com continues to provide Deliverables to the Customer under the Contract
    • Personal Information has the same meaning as relevant, and includes any sensitive information in connection with a Customer
    • Request means a document in form approved by 1clickeat.com identifying Available Equipment, completed and executed by an authorized representative of the Customer and submitted to 1clickeat.com in accordance with the instructions on that document and (where relevant) in compliance with the Contract
    • Standard Sale Conditions means 1clickeat.com’s standard terms and conditions of sale accessible electronically on 1clickeat.com’s website at 1clickeat.com and selecting the ‘Terms and Conditions of Sale’ link
    • Terms means the terms and conditions contained in this document including, for any specific item of Equipment or related service, the terms and conditions in the relevant Schedule to this document relating to that item of Equipment or service
  3. INTERACTION WITH CONTRACT The Customer acknowledges that any loan of Equipment on these Terms is consistent with and furthers the objectives of the Contract. Where relevant, the Customer requests 1clickeat.com to loan Equipment for use as specified in a Request on these Terms, and/or as part of a service bought with one of our Plans.
  4. LOAN REQUEST Unless otherwise provided in a Schedule, 1clickeat.com will provide the Equipment to the Customer on loan (free of charge) for the duration of the Loan Period. 1clickeat.com acknowledges that, at the direction of and for purposes of a bailment by the Customer, 1clickeat.com may be required to deliver the Equipment to an address specified in a Request.
  5. TITLE & RISK 1clickeat.com is the owner of the Equipment. Risk in the Equipment passes to the Customer immediately upon delivery of the Equipment to or at the direction of the Customer to the agreed delivery location. The Customer grants to 1clickeat.com a security interest in all Equipment as security for the performance by the Customer of its obligations to 1clickeat.com from time to time under these Terms. The security interest is granted on the same basis as if the Equipment had been sold (but not yet paid for) under the Standard Sale Conditions. 1clickeat.com is entitled and may choose to register a security interest in respect of the Equipment during the Loan Period. If 1clickeat.com elects to do so, the Customer will provide all reasonable assistance to 1clickeat.com in this regard.
  6. DELIVERY & RETURN OF EQUIPMENT Unless otherwise provided in a Schedule, 1clickeat.com will deliver the Equipment free of charge through its designated Agents, Resellers or Representatives. At the end of the Loan Period the Equipment is to be returned to 1clickeat.com in the same condition as delivered (allowing for normal wear and tear), unless alternative arrangements are agreed. 1clickeat.com will collect the Equipment, free of charge through its designated Agents, Resellers or Representatives. If delivery or collection proves impracticable during such time period or in such manner as initially agreed (other than by fault of 1clickeat.com), 1clickeat.com reserves the right to charge a £250 call out fee plus freight and handling charges in relation to each further delivery or collection attempt.
  7. REPAIR & REPLACEMENT OF EQUIPMENT Unless otherwise specified in a Schedule, 1clickeat.com will provide repairs for faulty Equipment. If needed, replacement equipment will be issued for the duration of any such repair. Repairs will be conducted by 1clickeat.com’s appointed service providers. 1clickeat.com will be responsible for the cost of repairs, provision of replacement equipment and any standard servicing of the Equipment as and when that falls due if not arising from Improper Use. Any such collection and delivery of Equipment or replacement equipment will be in accordance with clause 6. 1clickeat.com Technical Services are to be contacted on 07933 644 046 for all Equipment technical or service requirements.
  8. USE OF EQUIPMENT The Customer shall not remove any labels, symbols, part numbers or serial numbers affixed to the Equipment. The Customer assumes full responsibility for the manner in which the Equipment is used and any decisions taken in connection with its use. Subject to any express limitation contained in the Contract, the Customer is responsible for all costs (including repair and replacement) resulting from Improper Use and, if requested by 1clickeat.com , will make good any loss, damage, cost or expense incurred by 1clickeat.com from such use.
  9. VIGILANCE The Customer shall comply with vigilance reporting obligations on the same terms and conditions as if the Equipment had been sold under the Standard Sale Conditions.
  10. AMENDMENT 1clickeat.com may from time to time alter these Terms as it reasonably determines necessary and post those amended terms and conditions to its website. Such alteration will not affect any Contract that 1clickeat.com has entered into with the Customer prior to the alteration.

SCHEDULE 1.1
ADDITIONAL DEFINITIONS

In this Schedule, unless the context otherwise requires:
(a) Available Equipment includes:

Item

Description

Availability

 

Thermal Receipt Printer

Direct thermal POS printer 203 x 203DPI Grey

With Order

10” Android Tablet

Android 7.0 Quad Core, 1GB RAM 8GB ROM Dual Camera, 1024×600 HD Screen, Wi-Fi, Bluetooth
Specifications may vary from time to time. We reserve the right to change and/or amend specifications at any time and without notice.

With Order

Tablet Stand

Dual Foldable Aluminum Universal Stand Phones and Tablets

With Order

Cables

Ancillary cables and connectors

With Order

Additional Equipment

  
   
   

(b) Fee Letter means the letter between1clickeat.com and the Customer identifying any fee per day payable by the Customer for access to and support of its Platform, but only if applicable. (d) Request includes a Specific Equipment Request (e) Platform means the internet cloud based device connectivity platform supplied by 1clickeat.com and its related functions and associated services.

1.2 SPECIFIC CUSTOMER RESPONSIBILITIES Without limiting clause 8, the Customer will take all reasonable steps to ensure that all operators:

  • are registered on 1clickeat.com ’s System
  • operate the Equipment in accordance with the operating instructions issued by the manufacturer, and ensure that it is kept and operated in a suitable environment
  • are trained on the proper use, storage and care, as well as the proper procedures and methods for administration, of any products or Equipment provided by or at the direction of the Customer and operate the Equipment in accordance with operating instructions provided by 1clickeat.com or the Manufacturers
  • retain possession of the Equipment throughout the Loan Period; and
  • ensure that its insurance covers any loss of or damage to the Equipment
  • where practicable, retain the original carton and packing materials for the Equipment, to be used when the Equipment is returned to 1clickeat.com for maintenance or repairs
  • ensure that its insurance covers any loss of or damage to the Equipment
  • at its own expense ensure that the Equipment remains in good working order and condition throughout the term of this Agreement and maintain appropriate records to document proper maintenance and servicing of the Equipment (such documents to be made available to 1clickeat.com upon written request)
  • without limit, at its own expense, engage the Authorized Service Provider by written contract, as needed, to:
    1. provide installation services for the Equipment (unless (A) 1clickeat.com agrees in writing to provide an installation service; or (B) the Customer chooses to install the Equipment at its own risk and expense);
    2. provide all necessary training in relation to use of the Equipment, including initial training and any further training required during the term of this Agreement
    3. carry out all necessary testing and inspection of the Equipment (including safety inspections, annual checks); and carry out all preventative maintenance on the Equipment; and
    4. promptly notify 1clickeat.com when an item of Equipment is faulty or is otherwise to be returned to 1clickeat.com

For the avoidance of doubt, 1clickeat.com will be responsible where, despite proper maintenance and operation by the Customer and in the absence of Improper Use, an item of Equipment ceases functioning or is otherwise faulty. In such circumstances, the Customer’s sole remedy for faulty Equipment is the replacement of that unit with a functioning unit from 1clickeat.com. 1clickeat.com will not have any responsibility for repair or replacement of the Equipment except where the Customer has promptly notified 1clickeat.com of the fault in accordance with clause 7.

1.3 CONTINUED COMPLIANCE WITH PRIVACY OBLIGATIONS For the avoidance of doubt, 1clickeat.com confirms that, in any dealings with or through the its Platform, 1clickeat.com will comply, and will ensure that its personnel comply, with all relevant privacy obligations of 1clickeat.com under the Contract or as otherwise applying from time to time in relation to Personal Information. Without limitation to the foregoing, where 1clickeat.com makes available access to its Platform as a Deliverable, 1clickeat.com does not thereby own any Personal Information uploaded by the Customer.

1.4 EARLY TERMINATION OF LOAN If: (a) the Customer is in material breach of any of its obligations under this Agreement and, if the breach is capable of remedy, does not rectify the breach within 14 days after receiving notice in writing from 1clickeat.com requiring it to do so; (b) the Customer becomes insolvent, enters into a scheme or other arrangement with its creditors or any other form of insolvency administration (including voluntary administration); or (c) the Customer, or any person or institution controlled by the Customer: (i) terminates the Contract for any reason; (ii) breaches a requirement of the Contract relating to any obligation upon the Customer to purchase Deliverables on an exclusive or preferential basis from 1clickeat.com; or (iii) ceases to purchase Deliverables under the Contract (and no alternative agreement for the purchase of Deliverables is entered into with 1clickeat.com), then: (A) the Customer must immediately notify 1clickeat.com in writing of the occurrence of any such event (where 1clickeat.com is not already aware of the matter); and (B) 1clickeat.com may immediately or at any time thereafter by written notice to the Customer terminate this Agreement and repossess the Equipment. Where a loan of Equipment is provided to a Customer’s subsidiary at the direction of the Customer, 1clickeat.com may (in its absolute discretion) at any time terminate the loan of an item Equipment then in the possession of that Customer’s subsidiary and require the return of that Equipment. Any such election to terminate may be effected by 1clickeat.com by notice to or otherwise advising the Customer. If 1clickeat.com so elects to terminate any such loan, any risk and responsibility in that Equipment passes to the Customer’s subsidiary and the Customer without requirement for any further action except for immediate repossession by 1clickeat.com.

1.5 NEW TECHNOLOGY 1clickeat.com and the Customer will meet to review this Agreement in the event that any new technology becomes available and compares more favorably against the Equipment.

1.6 ADDITIONAL DEFINITIONS: In this Schedule, unless the context otherwise requires: (a) Authorized Service Provider means the repairer specified as the authorized service provider in the relevant region for a specific item or type of Equipment and, if no such repairer is identified, a repairer notified by 1clickeat.com to the Customer upon request by the Customer. (b) Available Equipment includes those items of Equipment listed in the Schedule above. (c) Deliverables means only those products identified by the Contract and consistent with the specific Equipment. (d) Early Exit Fee means, in respect of an item of Equipment, the average cost to 1clickeat.com to remove, return and recommission the Equipment, being £600.00 (or such lesser amount as 1clickeat.com may determine as its actual costs in such circumstance). (c) Request includes an Equipment Request Form substantially in the form of Annexure A to this Schedule 4, or any other written request from the Customer that is not inconsistent with the Contract.

1.7 WARRANTIES FOR LOAN The Customer warrants that: (a) a loan of the Equipment can reasonably be expected to lead to both an increase in and better use of Deliverables by the Customer at the rates provided by the Contract; and (b) unless otherwise advised to 1clickeat.com within 24 hours of delivery of the Equipment: (i) the Equipment has been delivered and Customer has received it in good order; (ii) the Customer has inspected the Equipment and confirmed it is complete and, insofar as it is able to ascertain, in good condition and working order; and (iii) the Equipment corresponds to the required specifications. To the maximum extent permitted by law, 1clickeat.com makes no warranties, written, oral, express or implied, with respect to any item of Equipment or as to any service performed by or on behalf of it in respect of an item of Equipment.

1.8 AUDIT RIGHTS 1clickeat.com may at its discretion, either directly or via an agent, audit any Equipment at the Customer’s premises to confirm location of the Equipment and that the Equipment is in good working condition. An Equipment audit may only be carried out during standard business hours for the Customer. 1clickeat.com will provide the Customer with a minimum of 7 days’ notice in writing prior to conducting any Equipment audit. The Customer will provide 1clickeat.com or its agent with reasonable assistance in the conduct of any Equipment audit, including providing access to the Customer’s premises and guidance as to the location of the Equipment.

1.9 TECHNICAL SUPPORT The Customer will permit 1clickeat.com , through its officers, employees or duly authorized representatives, to work with the Customers to provide technical instruction in support of appropriate use and consistent with relevant policies and procedures.

1.10 INDEMNITY The Customer indemnifies and must hold harmless 1clickeat.com, its related bodies corporate, and their personnel against any and all cost, expense, damage, judgment, liability or loss (including consequential loss, loss of profit and loss of expected profit) incurred directly or indirectly as a result of or in connection with any claim, demand or cause of action asserted or brought by a third party in relation to or arising from any breach of contract, negligent act or omission, unlawful conduct or other misconduct by the Customer or its personnel relating to this Agreement or otherwise relating (directly or indirectly) to the Customer’s use of the Equipment.

Annexure A.

This Equipment is requested in connection with our current contractual arrangements with 1clickeat.com. Please deliver the Equipment in accordance with the delivery details below.

Full Name of Customer:

 

Address for delivery:

 

Delivery date required:

 

Attention:

 

Customer Signature:

 

Phone N.:

 

Representative:

   

Name (printed):

 

Date:

 

Position:

 

Transaction N.:

 

Terms and conditions The Customer, by its authorized representative, requests (as relevant) 1clickeat.com to loan the Equipment listed above for use by the Customer subject to and in accordance with the Equipment loan terms and conditions accessible electronically on 1clickeat.com’s web site at www.1clickeat.com and clicking on the ‘Equipment Loan Terms’ tab. The provision of this Request constitutes acceptance of those terms and conditions by the Customer. If the Customer has a separate Supply or Service Agreement signed by 1clickeat.com and currently governing these arrangements, the terms and conditions contained in that other agreement applicable to the supply of this Equipment will prevail to the extent of any inconsistency.

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