Terms & Conditions
1. Terms & Application
1.1 Camden Market Restaurants & Street Food (Company Number 10208488) of of Labs Atrium, Chalk Farm Road, Stables Market, Camden, London, England, NW1 8AH (CMRSF) grants you a non-exclusive, limited and revocable licence to use and access the Camden Eats smartphone application (App) and/or the Camden Eats website (www.CamdenEats.com) (Website), (together, the Platform) subject to these terms and conditions (Terms)
1.2 In these Terms, “we”, “us” and “our” refer to Camden Market Restaurants & Street Food Ltd. and references to “you” and “your” is to you, the user of the Platform.
1.3 The Platform allows registered restaurants and other vendors (Partners) to sell takeaway food, drinks and other products (Products) for sale through the Platform and for customers (Customers) to order (Order) and pay for Products for collection from the Partner’s premises (together, the Services)
1.5 By accessing and using the Platform you agree to be bound by these Terms. If you do not agree with these Terms, you must immediately stop using the Platform.
1.6 You agree that we may change, update or otherwise amend the Platform and these Terms at our absolute discretion.
2. Platform only
2.1 We provide the Platform to connect Partners and Customers. We are not and cannot be a party to any transaction between Partners and Customers, including any resultant Order or supply of Products.
2.2 We do not accept any responsibility or legal liability whatsoever for any act or omission of the Partner or the Customer arising from or in connection with the use of the Platform, any Orders or Products. The Partner and Customer may enforce any of these Terms against the other party directly in respect of the use of the Platform and each Order.
2.3 The Partner shall be fully responsible for any tax and other liability, deduction, contribution, assessment or claim arising from or made in connection with use of the Platform, Services and any Order.
2.4 You shall indemnify us against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable in connection with or in consequence of any such liability, deduction, contribution, assessment or claim, other than where such liability, deduction, contribution, assessment or claim arises out of our negligence or wilful default.
2.5 We may assist with the resolution of any complaint or dispute relating to an Order. However, you acknowledge that any legal recourse arising from or in connection with any Order, whether for breach of contract or otherwise, is against the Partner or Customer (as applicable) and not against us, notwithstanding anything to the contrary in these Terms or on the Platform.
2.6 You must cooperate with us and comply with all reasonable requirements, including information and documents relating to use of the Platform.
3.1 In order to access the Platform you will need to create an account and register a profile (Profile) on the Platform. You must provide a valid login name and a password (Account Information).
3.2 You may also be able to create your Account by providing access via a third party account (such as Facebook, Twitter or Google+), in which case you consent to our access to the third party account and your access to the Platform remains subject to compliance with the terms and conditions of the third party account and applicable privacy settings.
3.3 Your Account will become active when you follow the email link to activate your Account or automatically activated by registration through any third party account.
3.4 It is your responsibility to keep your Account Information secure and you agree:
(a) not to give out your email with your Account Information;
(b) not to use another person’s Account or share their Account Information;
(c) to take all measures to prevent a third party from accessing your Account, even without your knowledge;
(d) not to give access to your Account to a third party;
(e) not to loan, share, exchange, donation, purchase, transfer and sell any Account (which action is fully prohibited and will not be enforceable against us); and
(f) to use a personal or professional email address and not share this email address with any third party.
3.5 You are solely responsible for the use of your Account, irrespective of who is utilising it, whether with or without your permission. You indemnify us for any loss or damage we suffer as a result of unauthorised access to your Account.
4. Profiles & information
4.1 We will collect from you or your third party account (such as Facebook, LinkedIn, Twitter or Google+), personal information for your Profile, including your name, address, date of birth, email address, mobile phone number, date of birth as well as at least one valid payment method (either a credit card or accepted payment partner).
4.2 You acknowledge that the Partners and we rely on the accuracy and completeness of all information provided during the registration process, completing your Profile and updated on the Platform. You shall be responsible for keeping your Account details and Profile up to date.
4.3 You warrant and represent that all information provided to us is accurate, complete and not misleading and remains so. You must notify us of any change to such information.
5. Ratings & reviews
5.1 The Platform may allow Customers to submit ratings and reviews of Partners. We reserve the right to investigate and verify any rating or review and related communications, including after request by a Partner or Customer. We may remove any rating or review at our absolute discretion but will only remove where we consider there is non-compliance with any requirements of these Terms, or otherwise the spirit of the Platform.
5.2 Users must not:
(a) post a review on their own account, misrepresent or impersonate another user;
(b) restrict any other user from giving a review;
(c) provide cash, compensation or other benefits in exchange for the review;
(d) reproduce any part or all of rating or review on your website, marking or advertising materials, without the prior written consent from both the reviewer and us.
6. Content & blog
6.1 All content published by us on the Platform (including any blog section) is for informational purposes only. We make no representations as to the accuracy or completeness of any content included on the Platform.
6.2 We will not be liable for any losses, injuries, or damages from the display or use of the content on the blog section of the Platform.
6.3 Partners are solely responsible for the content and information provided for use on the Platform and warrant that the content and information they have uploaded on the Platform is accurate, complete, honest, genuine and within their legal rights to use on the Platform.
7. Partner duties
7.1 The Partner agrees to provide us with detailed information for their Profile and Products (including up to date prices).
7.2 The Partner warrants that:
(a) the information provided in any Product description on the Platform is complete, accurate and not misleading;
(b) the Partner will comply with the “Challenge 25 age verification policy” in connection with any alcohol products;
(c) it will have in place all insurances required under the relevant law at the appropriate level, including Public liability insurance and, for the Partner, Product liability insurance;
(d) the sale and supply of the Product complies with all relevant laws, including the Food Standards Act of England 2015 (FSA Code), including that the:
i Partner obtains and maintains all relevant licences for the processing, storage, packaging, handling, supply and sale of food (and produce evidence of same to Camden Eats);
ii Products are prepared, handled and stored in such a manner to protect it from the likelihood of contamination;
iii Products are packaged in packaging material that is fit for its intended purpose and not likely to cause food contamination;
iv environmental conditions under which the food is stored will not adversely affect the safety and suitability of the Product;
v Products are packaged and stored in accordance with temperature control (as that term is defined under the FSA Code); and
vi only safe and suitable food is prepared for consumption;
(e) it will notify us should it receive any correspondence from the Food Standards Agency, the relevant United Kingdom Food Authorities or other relevant government authority or industry body relating to the sale or supply of food (provided that we shall not be required to take any specific action arising from such correspondence); and
(f) it and any of its employees and contractors will comply with all relevant laws and standards, including the Competition Act (1998), the Data Protection Act (1998) and Work Health and Safety Act (1974) and will not cause Camden Eats to be in breach of any relevant laws or standards.
8. Customer duties
8.1 The Customer agrees to:
(a) provide us with detailed Profile information;
(b) order items from the Partners that you are legally entitled to purchase;
(c) drink responsibly and that you are solely responsible for monitoring your drinking; and
(d) inform Partners of any allergies or food intolerances in the comment section of the Camden Eats Platform before placing each order.
8.2 The Partners are solely responsible for and we do not guarantee that food or beverages supplied by our Partners will comply with the Product description.
9.1 Alcoholic beverages can only be sold and supplied to persons aged 18 or over. Customers that order any alcohol Products must be at least 18 years old.
9.2 We operates the Challenge 25 age verification policy. Customers who may not to look 25 or over, will be asked to provide proof of age to show that they are at 18 years old. By placing an Order that includes alcohol, you confirm that you are at least 18 years old. We and our Partners reserve the right to refuse to provide any alcohol to any person who does not appear (or cannot prove they are) at least 18 years old. We also reserves the right to refuse to provide alcohol to any Customer who appears to be under the influence of alcohol or drugs.
10. Conditions of use
10.1 You accept and acknowledge the following conditions to access and use of the Platform and any Services:
(a) you are over the age of 18 (or over the age of 13 and under the supervision of a parent or legal guardian, except for alcohol Products);
(b) you represent that you have capacity to form a binding contract in your jurisdiction;
(c) you have the authority to bind any business on behalf of which you use our Platform;
(d) you have authority to use the payment method used;
(e) you register on the Platform as a Partner or Customer;
(f) you must provide us with accurate personal and contact information and not share your personal information with other users;
(g) you will only represent yourself and will not create false aliases or impersonate any other person or entity (with or without their consent) in connection with the Platform;
(h) you only use the Platform for lawful purposes; and
(i) you are not breaking any local, state, national or international law in your relevant jurisdiction by accessing or using this Platform or the Services;
10.2 We reserve the right to refuse to provide you with access to the Platform if it is brought to our notice or if it is discovered that you are not an eligible user or have breached these Terms.
10.3 You must not share personal information with other users. By using the Platform, you warrant and represent that you will not directly or indirectly circumvent the Platform and that all paid Services will be engaged in accordance with these Terms. Without limitation, Partners and Customers must not use the details on the Platform to contact each other directly or engage outside of the Platform.
10.4 You indemnify us for any loss or damage we suffer as a result of your breach of these Terms.
11. Commisions, Prices & Payment
11.1 Each Partner is solely responsible for ensuring that the pricing of Products on the Partner Profile are accurate, up to date and reflects the pricing of such Products as published in the Partner’s physical menu, unless a separate pricing of Products is jointly agreed in writing between the Partner and us.
11.2 Customers must pay Partners for each Order via the Platform. No cash payments are accepted.
11.3 All prices for the Services are inclusive of VAT unless specified on the Platform and subject to change at any time. You agree to pay any duties or taxes with respect to the Services and indemnify us against any claim arising from failure to make such payment.
11.4 We may charge you additional fees and charges as specified on the Platform.
11.5 Payments must be made in advance by credit card, payment service provider or any other payment method specified on the Platform. Surcharges may apply for certain payment methods. You warrant that there are sufficient funds on the relevant credit or debit card to pay for all charges, including variable fees for Orders.
11.6 Partners must pay a commission as specified in and subject to the Partner Terms (Commission).
11.7 Any tips provided via the Platform are VAT exclusive.
12.1 We may at our discretion issue a code for certain promotions (Code) to a Customer offering a discount from the total price of an Order. Codes for each promotion are one time usage codes, have a finite expiry date and may only be applied once per Order. If the full value of a Code is not used in the Order the residual unused value will be lost. A Code may be withdrawn at anytime at our sole discretion.
12.2 Each Code for a promotion may only be used once per Customer. Further conditions may be specified in the terms of the offer for each Code, including via the Platform.
12.3 In order for the Code to be applied to an Order it must be entered into the Platform before the completion of an Order. At our discretion we may or may not provide any further information about a Code and we do not guarantee a Code may be applied to any particular Order.
12.4 Vouchers with credit amount redeemable for Products (Vouchers) may be provided via the Platform and redeemed against Products or Orders (as applicable). Unless specified otherwise, Vouchers expire 12 months from the date of issue and must be used on a single Order.
12.5 Vouchers cannot be used for previous purchases, reloaded, resold, transferred for value, redeemed for cash or used to make a payment towards third party items, except to the extent required by law. The risk of loss and title for Vouchers pass to the recipient upon our electronic transmission of the Voucher to the recipient or designated Customer. We are not responsible if any Voucher is lost, stolen, destroyed or used without your permission.
12.6 We will have the right to close Customer accounts and take payment from alternative forms of payment if any fraudulently obtained Voucher is redeemed and/or used to make a Order.
12.7 We make no warranties, express or implied, with respect to Vouchers, including any express or implied warranty of availability of Products, merchantability or fitness for a particular purpose. In the event a Voucher is non-functional, your sole remedy, and our sole liability, will be the replacement of the Voucher for the same or equivalent Product.
13. System requirements
13.1 In order to use the Platform, you are required to have a compatible mobile phone, digital pad, or handheld device, internet access, and the necessary minimum system specifications as follows:
(a) Apple iOS devices running iOS 4 and above, Android OS devices running Android OS 2.3 and above, BlackBerry OS devices running 6 and above.
(b) Language: English.
13.2 The version of the Platform may be upgraded to add support for new functions and services.
14. Platform availability
14.1 You acknowledge that we are not required to keep the Platform available for your use and we make no warranties as to its availability or that the Platform will operate continuously or error-free.
14.2 We accept no responsibility for the unavailability of this Platform, or any offer of Services found on the Platform, or any interruption or malfunction for any reason whatsoever (including failures of our Internet provider or web hosting service provider, third party intrusions or force majeure) and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Platform.
14.3 We make no guarantees, implied or express, as to the ongoing availability of the Platform or Services.
15. Intellectual property
15.1 The Partner hereby grants us a non-exclusive royalty-free licence to use its logo and/or name and as otherwise reasonably necessary or desirable in connection with these Terms. The Partner shall on request supply us such images or other artwork so as to enable us to accurately reproduce the Partner’s logo on advertising materials.
15.2 All content on the Platform is our copyright and property and can be used for any purpose relating to the Platform or our business. Without our express written permission, you shall not copy the Platform for your own commercial purposes, including:
(a) replicate or use the details and profiles of any Customer or Partner;
(b) replicate all or part of the Services or Platform in anyway;
(c) use any “deep-link”, “robot”, “spider”, “page-scrape” or other automatic device, programme, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, Profiles or any content, nor in any way reproduce or circumvent the navigational structure or presentation of same, nor obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform; and
(d) incorporate all or part of the Platform in any other webpage, website, platform, application or other digital or non-digital format.
15.3 We have moral and registered rights in the Camden Eats and other trademarks and you shall not copy, alter, use or otherwise deal in the marks without our prior written consent.
15.4 All content remains our Intellectual Property, including (without limitation) any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the Partner or any Customer.
16. Third party services, websites & advertising
16.1 The Platform may contain information and advertising from third-party businesses, people and websites (Third Parties). You consent to receiving this information as part of your use of the Platform.
16.2 We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the services provided by, information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
17. Limitation of liability & indemnity
17.1 You agree that you use the Platform at your own risk.
17.2 You acknowledge that we are not responsible for the conduct or activities of any Partner or Customer and that we are not liable for such under any circumstances.
17.3 You acknowledge that in using the Platform and in relation to the supply of Services you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
17.4 You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Platform, including any breach by you of these Terms.
17.5 In no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Platform or any content, or in any way relating to the Services (or the provision or non-provision of Service), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
17.6 Certain rights and remedies may be available under the Sale of Goods Act 1979 or the Consumer Protection Act 1987 or similar legislation in other jurisdictions and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-performance of Services or payment of the cost of re-supply of Services.
17.7 We do not guarantee traffic or the number clicks on the Platform, any Orders or specific results from the Services.
17.8 We are not and cannot be a party to any transaction between Partners and Customers, including any resultant Order.
17.9 Camden Eats and users acknowledge that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
17.10 Nothing in this Agreement shall limit or exclude the liability of Camden Eats and the users for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation.
19.1 Users must maintain in confidence any written information that (Confidential Information):
(a) contains personal information or, where applicable, details of the business of the Partner;
(b) details the business of Camden Eats;
(c) contains personal information of any Customer; and
(d) is identified by either party as confidential and/or proprietary,
other than information that the relevant party can establish:
(e) was in the public domain at the time it was disclosed;
(f) was already in the possession of a party when given, without having been acquired (directly or indirectly) from the other party; or
(g) was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.
19.2 Users must not:
(a) use any of the Confidential Information except to the extent necessary to exercise its rights and perform its obligations under this Agreement; or
(b) disclose any of the Confidential Information,
provided that each party may disclose Confidential Information that is required to be disclosed:
(c) by law or by order of any court or tribunal of competent jurisdiction;
(d) by any Government Agency, stock exchange or other regulatory body; or
(e) to its personnel and advisors, where the party informs the recipient of the obligations in relation to the Confidential Information under this Agreement.
19.3 If a user is required to make a disclosure under this Clause, that user must:
(a) to the extent possible, notify the other party if it anticipates that it may be required to disclose any of the Confidential Information; and
(b) only disclose Confidential Information to the extent necessary to comply.
19.4 The obligations under this Clause continue in full force and effect after this Agreement ends.
20. Force majeure
20.1 Neither you or us (or our subsidiaries) will be held responsible for any breaches or delays in the use or fulfillment of any, Services or the Platform caused by force majeure, including any matter outside a parties reasonable control or as otherwise understood under French law.
20.2 In situations of force majeure, all obligations under these Terms are suspended, provided that after 48 consecutive hours, you may cancel your Account by sending notice to our Customer Service. If terminated for any of the above reasons, you will no longer be able to access your Account.
21.1 Your use of the Platform may be suspended or cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Platform should you receive a notice suspending or cancelling your licence to use the Platform.
21.2 We may end the agreement formed by the Terms immediately by giving you written notice. It is not essential to provide reasons for the termination. Where these Terms have been terminated you must immediately cease using the Platform.
21.3 Customers may terminate their use of the Platform and suspend or have an Account removed at any time, provided that no amounts are outstanding. Any amounts standing to the credit of a Customer’s Account shall be forfeited.
21.4 Partners may terminate their use of the Platform pursuant to the conditions set out in the Partner Terms & Conditions.
21.5 Your use of the Platform may be cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Platform should you receive a notice cancelling your licence to use the Platform.
22.1 You can contact our Support team by email (email@example.com) or via the Platform.
22.2 You can direct notices, enquiries, complaints and so forth to us using any other details published on the Platform. We will notify you of a change of details from time-to-time by publishing new details on the Platform.
22.3 We will send you notices and other correspondence to the email address that you submit to the Platform. It is your responsibility to notify us to update your contact details as they change.
22.4 A consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.
23.1 We may assign or otherwise create any interest in their rights under these Terms by giving you written notice.
23.2 We may in our absolute discretion amend these Terms at any time, which shall become effective by giving you notice.
23.3 Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.
23.4 These Terms form part of an ecommerce transaction and the parties agree that these Terms shall be accepted electronically and the agreement to these Terms is formed and validly entered into electronically.
23.5 The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.
23.6 These Terms and any non-contractual obligation arising therefrom, are governed by the laws of England and Wales and you submit to the exclusive jurisdiction of the courts in London, England.