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
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
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.
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.
(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.
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
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;
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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Last updated Tuesday, 20 August 2019
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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.
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.
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
+44 7933 644046
Company registration number: N.SC623839
VAT Number: 317 2613 23
Data protection officer:
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.
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
+44 7933 644046
Company registration number: N.SC623839
VAT Number: 317 2613 23
Data protection officer:
Last updated Tuesday, 20 August 2019
In this Schedule, unless the context otherwise requires:
(a) Available Equipment includes:
Thermal Receipt Printer
Direct thermal POS printer 203 x 203DPI Grey
10” Android Tablet
Android 7.0 Quad Core, 1GB RAM 8GB ROM Dual Camera, 1024×600 HD Screen, Wi-Fi, Bluetooth
Dual Foldable Aluminum Universal Stand Phones and Tablets
Ancillary cables and connectors
(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:
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.
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:
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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