Terms of Use Donkeyrun

1. Introduction Last updated 16 Aug, 2015.

This website (the "Site") is owned and operated by donkeyrun.com Ltd. Your access to, use of, placing of an order, linking to the Site, use of software or downloading software on the Site (collectively, your "Access") is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site ("Terms of Use"). If you do not agree with the Terms of Use, exit this Site.

Your Access to the Site constitutes your agreement to be bound by the Terms of Use. We reserve the right to amend the Terms of Use at any time and you should periodically refer to them on this page and elsewhere on this site.

These Terms of Use apply to the use of this website ("Site"), and by accessing this Site and/or placing an order you agree to be bound by the terms and conditions set out below.

The Terms of Use of this Site do not affect your statutory rights as a consumer.

"You" and "Your" means the person using this Site to order goods and subject to these Terms of Use.

"donkeyrun.com", "We", "Us", or "Our" means: Donkey Run Limited Registered in England and Wales at 12 Cumberland Avenue AMC House , Park Royal, London.

Purpose

The purpose of this Site is to provide a simple, convenient and cost-effective service to consumers, linking them to restaurants in their area. Interactive menus allow customers to build and submit orders at the click of a button.

2. Disclaimers and Limitation of Liability

To the extent permitted by law, donkeyrun.com provides this Site and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of this Site, or that it will be timely or error-free, that defects will be corrected, or that the Site or server that makes it available are free of viruses or other harmful components.

Subject to the previous paragraph, neither donkeyrun.com nor donkeyrun directors, officers, agents, employees or contractors shall have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from the use or inability to use this Site.

Nothing in these terms shall exclude or limits liability for death or personal injury resulting from our negligence or that of our agents or employees.

3. Intellectual Property

You may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from this Site for anything other than personal, non-commercial use, including in particular any purpose which publicly re-sells or re-uses the materials, without the prior written consent of the copyright holder.

All copyright, trade marks and other intellectual property rights in this Site and its content (including without limitation the Site design, text, graphics, logos, icons, images and all software, databases and source code connected with the Site) are owned by or licensed to donkeyrun.com or otherwise used by donkeyrun.com as permitted by law.

donkeyrun.com and the donkeyrun logo are trade marks of Donkey Run ltd.

4. Indemnity

You must indemnify and hold harmless donkeyrun.com, its directors, officers, employees, agents, vendors, advertisers, partners and suppliers and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from your Access to and use of this Site, any breach or violation of the Terms of Use of this Site or your violation of any law or your violation of the rights of any third party.

5. Availability

This Site may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavour to notify customers in advance of any service unavailability, this cannot be guaranteed and we reserve the right to alter or withdraw the service at any time.

6. Third Party Sites

This Site contains links to other websites. Those websites are not under the control of donkeyrun.com and donkeyrun.com is not responsible for the practices, content or availability of such websites. A link does not imply endorsement of, sponsorship of, or affiliation with the linked site. We provide the links as a convenience only. If you decide to access linked third party websites, you do so at your own risk, and we will not be held responsible or liable for any loss or damages caused by use of or reliance on any contents, goods or services available on such websites.

You may provide a non-framed link to this Site from any other business or service website but not in any way which gives the impression that we are associated with or have approved such other site, unless expressly agreed to by ourselves in writing.

7. Limitations of Use

This Site is intended to be accessed by persons located in the UK and we make no representation that any information, materials or functions included in this Site are appropriate for use in any other jurisdiction.

By using this Site, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the Site or contacting us.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

To use our service you must be over 18 years of age.

You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.

Members' passwords should be kept confidential at all times, and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your membership. If you know or suspect that someone has knowledge of your password then you should contact us immediately.

You may not use the Site for any unlawful or unauthorised purpose, including without limitation:

distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material
transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice.
Interfering with any other persons use or enjoyment of the Site.
Damaging, disabling or impairing the operation of this Site or attempting to gain unauthorised access to this Site or to networks connected to it, through hacking, spoofing or other such similar means.

8. Feedback and User Submissions

We do not solicit nor wish to receive any confidential or proprietary information from you. Nor do we wish to receive any creative materials, ideas or suggestions other than those we specifically request.

If you do send to us by email or otherwise, any communication or material, you represent and warrant that the information and material is original to you, and you will be deemed to have granted us a perpetual, world-wide, royalty-free license to use such communications or material in any way we see fit and we will be free to use any such material or information contained in communications you send for any purpose whatsoever.

9. Placing an order

donkeyrun.com endeavours to deal with reputable third parties who provide a quality service, however donkeyrun.com accepts no responsibility or liability for the quality or quantity of any goods delivered by or collected from said third parties. It is the responsibility of the customer to thoroughly check the supplied goods.

All questions regarding goods shown on this Site should be directed to the partner restaurant.

After you submit an order to us, we will give you an Order Number and send the details of this order in an email. Please note that this is acknowledgement of your order, not acceptance.

Acceptance of your order will only occur when we send you a further email confirming that the restaurant has received and accepted your order. If the restaurant is unable to fulfil your order you will receive an email stating that your order has been declined.

Please make sure the email address you provide is correct and your mailbox is in proper working order, as all correspondence regarding your order is sent to this address.

All food preparation and deliveries are the sole responsibility of the restaurant accepting the order. Please be aware that the restaurant will do everything they can to meet the delivery time you specified, however delivery times may be affected by factors beyond their control and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected delay.

Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address (including postcode), email address and contact telephone number when ordering.

Members can track the progress of their orders by viewing their Order History.

a. Payment

Once your order has been accepted, this represents an agreement between you the customer and the restaurant. The restaurant has sole responsibility for this order.

All prices are inclusive of VAT and quoted in British (Sterling) Pounds.

Delivery and/or card charges are calculated per order and based on the policy of the individual restaurant. Any delivery charges or card fees will be displayed clearly in your Order Summary.

Prices are subject to change and all goods are subject to availability.

b. Cancellation

You have the right to cancel an order up to the point the order is sent to the restaurant. Normally, this is approximately 45 minutes before the time you requested delivery or collection of the order.

Members can cancel an order via their Order History, while guests can use the "Cancel order" link in the confirmation email they received.

While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information.

An order may be subsequently cancelled by a restaurant after you have received an email stating the order has been accepted. donkeyrun.com and our partner restaurants reserves the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.

Exclusion of Right of withdrawal

You have no right to withdraw your food order towards the restaurants, if and when it concerns the delivery of goods, which

a) are liable to deteriorate or expire rapidly,
or
b) are made to the consumer’s specifications or clearly personalized.

Deviating agreements have not been made between you and the restaurants.

10. Customer Ratings

The ratings contained on this Site are for informational purposes only and do not constitute advice. Nor should you rely on ratings to make (or refrain from making) or take (or refrain from taking) any action. Ratings are the opinions of customers who have ordered through the Site, and any statements, advice or opinions made by such customers are those of such customers only.

All standard terms & conditions apply

11. Termination

We reserve the right to decline a new registration, terminate your right to link to the Site, remove you as a user of this Site, and/or prevent any further use if you violate any of the Terms of Use. If we consider there to be a risk of liability or loss to us or our partner restaurants we may take any action deemed necessary to prevent such a liability or loss from occurring.

If we terminate your right to link to the Site you must cease linking to the Site immediately. Any person who holds a suspended or terminated membership must not order from or re-join this Site without our prior written consent. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms.

Please note that we have the ability to trace your IP address, and if necessary, contact your ISP in the event of a suspected breach of these Terms of Use.

12. Enforceability

If any part of these Terms of Use are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of these Terms of Use.

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

13. Governing Law

The Terms of Use, Privacy Policy and any matter relating to this Site shall be governed by English law and any dispute shall be resolved exclusively in the courts of England.

14. Gift Vouchers

donkeyrun.com gift vouchers must be redeemed on the donkeyrun.com website.
Gift vouchers have no cash redemption value and are not transferable or assignable. donkeyrun.com may provide gift voucher purchasers with information about the redemption status of giftvouchers that they purchase.
Any unused balance will be available on 'My Account' on donkeyrun.com.
If the order exceeds the amount of the gift voucher, the balance must be paid by credit or debit card.
Once redeemed, you must select Account Balance during checkout to use the gift voucher for a purchase.
Gift vouchers and unused portions of gift vouchers expire one year from the date of issue, where permissible under applicable law.
Normal donkeyrun.com terms and conditions of purchase and for using the donkeyrun.com website apply.
Please note that some products available for sale on the donkeyrun.com website may not be purchased by persons under a specified age. If you are planning to give a gift voucher to someone under 18 years of age, please ensure that they are made aware that some products are unavailable to them (e.g. alcohol).
Gift vouchers cannot be used to pay for gift vouchers.
One or more gift vouchers can be redeemed to an account. Also gift vouchers can be combined with other donkeyrun.com offers and promotions.
donkeyrun.com is not responsible if a gift voucher is lost, stolen, destroyed or used without permission.

We recommend you print a copy of these Terms of Use for your future reference. If you have any questions regarding these Terms of Use or any aspect