Last Updated Wednesday 13th March 2019
Information we collect from you and whyHere are the broad categories of personal information that we may collect about you and the reasons why:
- Information that you provide voluntarily:
- Registration information when you create a Beat Just Eat account so we can:
- create your account where you can place Orders under our Terms
- identify you when you sign-in to your account;
- contact you for your views on our Services; and
- notify you of changes or updates to our Services.
- Transaction Information when you place an Order with a Restaurant in order to:
- process your Orders and bill you (though note, Beat Just Eat never stores your credit card information in our systems);
- communicate your Order to the Restaurant;
- send you status updates on your Order;
- reply to your Order queries and questions and to resolve problems;
- carry out analysis and research to develop and improve our Services; and
- protect you and the Services by seeking to detect and prevent fraud or other acts in breach of our Terms or policies relevant to the Services.
- Information regarding your marketing preferences so we can:
- send you customised marketing information about our products or services.
- Feedback on your views of our Services in order to:
- reply to your questions or queries;
- publish reviews you submit to us about our Restaurants and services; and
- conduct analysis and research to improve and develop our Services.
- Registration information when you create a Beat Just Eat account so we can:
- Information that we collect automatically
- Activity Information so we can:
- provide you with an improved experience;
- give you access to your Order history and preferences; and
- provide other services at your request.
- Cookies and similar technologies so we can:
- measure and analyse the use and effectiveness of our Services;
- customise and optimise the targeting of advertising for our Services across other websites and platforms; and
- provide location services if you choose to share your geo-location.
- Activity Information so we can:
- Information that we obtain from third-party sources
- Analytics reports and market research surveys in order to:
- measure the performance of marketing campaigns for our Services; and
- better understand your preferences so that we can customise our marketing campaigns and Services accordingly.
- Analytics reports and market research surveys in order to:
- Information that you provide voluntarily:
Who we share personal information withWe may share your personal information with the following recipients (and whenever we do, we will ensure that we have appropriate security and contractual safeguards in place to protect it):
- Restaurants that you have placed an Order with for processing and delivery;
- Beat Just Eat companies within our group;
- Third parties who support our Services (e.g. partners for marketing or promotions in the food, drink and leisure sectors based on your preferences);
- Any law enforcement or regulatory body, government agency, court or other third party where we believe disclosure is necessary under applicable law or regulations;
- New owners or re-organised entities in the event of a business restructuring, sale, purchase or joint venture affecting our business.
- Any other person provided that you have given your consent. We will never sell, distribute or otherwise share your personal information unless we have your permission.
Legal basis for processing personal informationBeat Just Eat will always make sure we have a legal basis to collect and use your personal information. The legal basis we rely on will change depending on the type of information and the context in which we collect it. Our main reason for collecting and using your personal information is to perform our contract with you (i.e. to make sure you get your Order when and where you want it), but we may also process it where it is in our legitimate business interests to do so. Learn more
SecurityBeat Just Eat places great importance on protecting your information from and against unauthorised access and against unlawful processing, accidental loss, destruction and damage. We implement appropriate technical and organisational measures to safeguard such information. Learn more
Your data protection rightsYou can access your account at any time to review and update your personal information. You can also contact us to ask us to delete your personal information, restrict its processing or request that it be ported to a third party. You also have the right to unsubscribe from the marketing communications we send you by using the unsubscribe functionality in any marketing communication you receive from us or by amending your profile accordingly. Learn more
Links to third-party sitesOur websites may, from time to time, contain links to and from third-party websites (for example, those of our partner networks, advertisers and affiliates). If you follow these links, please be aware that Beat Just Eat is not responsible or liable for these third-party websites which will have their own privacy policies. Learn more
Information we collect from you and whyThe personal information that we may collect about you broadly falls into the following categories:
- Information that you provide voluntarilyCertain parts of our Services may ask you to provide personal information voluntarily.For instance:
- Registration information: When you create a Beat Just Eat account, sign-up or fill in forms on the Services, we collect information about you including your name, address, telephone number, email address and the password you create.
- Transaction information: We collect information relating to your Orders, including payment information (e.g. your credit card number) using the secure services of our payment processors. Payment operations are outsourced to our payment processors and we do not store your credit card information in our systems. We also collect delivery details (e.g. your physical address) to fulfil each Order.
- Information regarding your marketing preferences: We collect information about your preferences to receive marketing information any time you subscribe or unsubscribe.
- Feedback: When you post messages and reviews of the Services or you contact us, for example with a question, problem or comment, we collect information about you including your name and the content of your query. If you contact our customer support teams we will record and keep a record of your conversation for quality and training purposes and to aid in the resolution of your queries.
- Sensitive Information: We collect information that you provide when you contact us (such as through our call centre or by using our online forms). This information may include sensitive personal information, such as health-related information (allergies or dietary requirements) or information about your religion (such as if you only eat halal food). We do not require this information and we ask that you share this information with the restaurant only. However, there are some situations where you may nonetheless provide this type of information, for example if you make a complaint and in those circumstances we will only be collecting it with your consent.
- Information that we collect automaticallyWhen you access our Services, we may collect certain information automatically from your device. In some countries, including countries in Europe, this information may be considered personal information under applicable data protection laws.For instance:
- Activity information: We collect information about your usage of the Services and information about you from the content you create and the notifications or messages you post or send as well as what you search for, look at and engage with.
- Information that we obtain from third party sources.From time to time, we may receive personal information from third party sources, including advertising networks but only where we have checked that these third parties either have your consent to process the information or are otherwise legally permitted or required to share your personal information with us. This information may include your likely demographic group.For instance:
- Analytics reports and market research surveys: We collect information from our third party affiliates about the way you respond to and engage with our marketing campaigns so that we can customise our marketing and Services accordingly.
- We may also receive aggregated information in the form of audience segments from third party sources in order to display targeted advertising on digital properties operated by organisations like Facebook and Google.
Our use of collected informationExamples of how we may use this information include:
- Information that you provide voluntarily
- Registration informationThe registration information you provide when you create a Beat Just Eat account allows us to give you access to the Services and to supply them to you under our Terms. We also use this information to authenticate your access to the Services, to contact you for your views and to notify you of important changes or updates to our Services.
- Transaction informationYour transaction information (such as the food items you add to your basket) allow us to process your Order and send you an accurate bill. It also helps us and any Restaurant you order with contact you where necessary.Beat Just Eat may contact you by email, phone or SMS to give you status updates or other information or to resolve problems with your account or Order. A Restaurant may contact you by phone or SMS to provide you with status updates or other information regarding your Order.Where you pay for your Order with a mobile payment or digital wallet service provider (such as Applepay or Pay with Google, or any other provider we may use) we will send you transaction information via confirmation emails or SMS to the email address or phone number registered with that service provider (since this is required by those providers).Some Restaurants on our platform use our third party delivery companies; these companies may use your information to provide you with status updates on the delivery of your Order.We will also analyse information on completed transactions and successfully delivered Orders on the basis of data matching or statistical analysis so that we can administer, support, improve and develop our business and Services. Our analyses also help us detect and prevent fraud or other illegal activities or acts prohibited by our Terms or any policies applicable to the Services.
- Information regarding your marketing preferencesBeat Just Eat may market to you, where permitted by law, by post, email, telephone, mobile (i.e. SMS, in-app messaging and push notification) about our products or Services.Where you have given your consent, we may share your information with third parties (e.g. other companies) in other sectors (such as food, drink and entertainment) so that they can tell you about goods or services which may interest you.If you don’t want us to use your data in this way or generally change your mind about receiving any form of marketing communications, you can unsubscribe at any time using the unsubscribe functionality in the communication you receive or by amending your profile accordingly. You may also be able to opt-out of push notifications at a device level (e.g. by way of your iOS settings). If you choose to unsubscribe from our marketing, we will keep a record of your preferences so that we don’t bother you with unwanted marketing in future.
- Feedback and reviewsIf you give us feedback we will use it to reply to your questions or queries, to provide customer support and resolve any problems with your Orders or with the Services. We will publish reviews that you send to us about the Restaurants on our platform and our Services in general and we also analyse your feedback to improve and develop our Services and in order to enhance your experience.
- Information that we collect automaticallyWhen you access our Services, we may collect certain information automatically from your device such as your IP address, MAC address or device ID. In some countries, including in Europe, this information may be considered personal information under applicable data protection laws.
- Activity InformationWe analyse your buying habits and how you interact with our Services so that we can suggest food options from new restaurants we think you would like to try. If you choose to share your geo-location with us, we may use this information to show you content that is local to you; this information will also help smooth the effective and speedy delivery of your Order. We may also provide you with customised content and advertisements based on your previous interactions with our Services and our knowledge of your preferences which we understand from your usage and buying history relating to the Services.We enable you to access your Order history so that you can easily reorder with your favourite Restaurants. We may also collect information about your interaction with our emails and other forms of communication.
- Information that we obtain from third party sources
- Analytics reports and market research surveysWe analyse information we collect from our third-party service providers (such as Google, Facebook, Amazon and other affiliates) to understand how you engage with our Services and advertisements (e.g. whether you have clicked on one of our advertisements). This helps us to understand your preferences and recommend you Services which are tailored to your interests.
- Information that you provide voluntarilyCertain parts of our Services may ask you to provide personal information voluntarily.For instance:
Legal basis for processing personal informationOur legal basis for collecting and using your personal information as described above will depend on the specific context in which we collect it. Our main reason for collecting and using your personal information is to perform our contract with you (i.e. to make sure you get your Order when you want it). However we will also use your personal information where it is in our legitimate business interests to do so (but only if our interests are not overridden by your data protection interests or your fundamental legal rights and freedoms). In some cases, we may have a legal obligation to collect personal information from you (e.g. in the event of legal proceedings) or we might need to process it or share it with others to “protect your vital interests” (this is legal speak for saving your life) or those of another person (e.g. in a case where another person’s life is in danger). If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (and we’ll also explain the possible consequences of you not providing it). Similarly, we may collect and use your personal information in reliance on our legitimate interests (or those of any third party). Relevant legitimate interests include a) to market to you or make you offers that we believe will interest you; b) to analyse and understand how our services are used and so to improve them; c) for fraud prevention or prevention of other criminal acts; or d) to keep our systems secure. If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “How to contact us” below.
SecurityWe place great importance on keeping your personal information safe and secure. As such, we put in place appropriate technical and organisational measures / industry standard technology to protect it from unauthorised access and unlawful processing, accidental loss, destruction and damage. The security measures we use are designed to provide a level of protection security appropriate to the risk of processing your personal information. Where you have chosen a password which allows you to access certain parts of the Services, you are responsible for keeping this password confidential. We advise you not to share your password with anyone and to use a unique password for our Services. We will not be liable for any unauthorised transactions entered into using your name and password.
Data retentionBeat Just Eat will retain your personal information where we have an ongoing legitimate business need to do so (for example, while you hold an account with us or to enable us to meet our legal, tax or accounting obligations). If you object to us processing certain categories of your personal information (including in relation to receiving marketing communications from us), we will retain a record of your objection to the processing of your information so that we can continue to respect your wishes. We will destroy or permanently anonymise your personal information at the point that we no longer need to process it for our ongoing legitimate business needs or for any legal reason. If this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store it and isolate it from any further processing until deletion is possible.
Your data protection rightsBeat Just Eat respects your privacy and data protection rights. Below is a summary of your rights in respect of the personal information of yours which Beat Just Eat handles:
- Beat Just Eat provides you with the tools to access, review or update your personal information at any time through your account. If you wish to request deletion of your personal information, you can do so by contacting us using the contact details provided under the “How to contact us” heading below.
- You can object to processing of your personal information, ask us to restrict processing of your personal information or request that it be ported to a third party. Again, you can exercise these rights by contacting us using the contact details provided under the “How to contact us” heading below.
- You have the right to opt-out of receiving marketing communications we send you at any time. You can exercise this right by using the unsubscribe functionality in the communication you receive or by amending your profile accordingly.
- Similarly, if we collect and process your personal information on the basis of your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection supervisory authority about our collection and use of your personal information.
Last Updated Wednesday 13th March 2019
Our Website Terms and Conditions
OUR WEBSITE TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE
This page (together with our Cookies Policy) sets out the terms and conditions (“Website Terms”) on which we, Attenti A Quei Due Limited (“we”, “our” or “Beat Just Eat”), provide access to our website https://beatjusteat.com and any Beat Just Eat mobile application through which you order products (together, “the Website”). Please read these Website Terms carefully before ordering any products through, the Website. By ordering products through the Website (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.
We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.
For the avoidance of doubt, please note that references to “Website” in these Website Terms include any current or future version of our website https://beatjusteat.com and any Beat Just Eat mobile application through which you access and use our Website, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing and using our Website that may be developed from time to time).
By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any products through the Website.
I. TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
1.1. Company details: Beat Just Eat is the trade name of Attenti A Quei Due Limited, a private enterprise registered in Scotland with Company Number SC623839.
1.2. The company is VAT registered with number 317261323. 1.3. Product Orders: We provide a way for you to communicate your orders (“Orders”) for products (“Products”) to delivery or takeaway restaurants (“Restaurants”) displayed on the Website. The legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with and we will conclude the sale of Products on behalf of, and agent for, the Restaurants in all cases.
2. WEBSITE ACCESS AND TERMS
2.1. Website access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.
2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.
2.3. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.
2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
3. YOUR STATUS
3.1. Capacity and age: By placing an Order through the Website, you warrant that:
3.1.1. You are legally capable of entering into binding contracts with Restaurant; and
3.1.2. You are at least 18 years old.
3.2. Alcohol, cigarettes and other smoking products:
3.2.1. You acknowledge and agree that: it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol, or for any person to buy, or attempt to buy, alcohol, tobacco or other smoking products on behalf of any person who is under the age of 18;
3.2.2. If your Order includes any alcohol, cigarettes or other smoking products, you will be asked to provide proof of your age on collection or delivery of your Order. If you are unable to provide proof that you are aged 18 or over to the satisfaction of your chosen Restaurant, or if the Restaurant reasonably believes that the alcohol, cigarettes or other smoking products you have ordered have been bought by you on behalf of someone under the age of 18, the Restaurant reserves the right not to complete the delivery of the alcohol, cigarettes or other smoking products to you.
4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
4.1. Compiling your Order: Once you have selected the Products you wish to order from the menu of your chosen Restaurant and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the “proceed”, “place my order” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a contract with the Restaurant and errors cannot be corrected (subject to paragraph 4.2. below).
4.2. Amending or cancelling your Order: Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraphs 4.4 and 5.6 for details of the process relating to rejected Orders and refunding of payment). If you wish to change or cancel your Order, you may contact our Customer Care team as described in paragraph 6.3 and they will attempt to contact the Restaurant in order to communicate your requests. However, there is no guarantee that we will be able to reach the Restaurant or that the Restaurant will agree to your requests as they may have already started processing your Order.
4.3. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Restaurant.
4.4. Processing your Order and Restaurant rejections: On receipt of your Order, we will send it to the relevant Restaurant and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each confirm that you have a contract for the sale of Products with a Restaurant but does not necessarily mean that your Order will be fulfilled by the Restaurant. We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Restaurant rejects your Order. However, Restaurants have the ability to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. In doing so, Restaurants will be in breach of their agreement with you and any payment made in respect of the order will be returned to you in accordance with paragraph 5.6 below.
4.5. Delivery of your Order: Estimated times for deliveries and collections are provided by the Restaurants and are only estimates. Neither we nor the Restaurants guarantee that Orders will be delivered or will be available for collection within the estimated times.
5. PRICE AND PAYMENT
5.1. VAT and delivery costs: Prices will be as quoted on the Website. These prices include VAT but may exclude delivery costs (if you opt for delivery instead of collection) and any administration or service charge imposed by the Restaurant. These will be added to the total amount due where applicable.
5.2. Incorrect pricing: This Website contains a large number of menus and it is possible that some of the menus may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you before the relevant Order is dispatched. In such an event, neither we nor the relevant Restaurant is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
5.3. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website or in cash to the Restaurant at the point of delivery to, or collection by, you.
5.4. Card payments: If you pay by credit or debit card, you may be required to show the card to the Restaurant at the time of delivery or collection as proof of identification and so that they can check that the card corresponds with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
5.5. Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the Website and endorsed by Beat Just Eat, and you pay for any balance by credit or debit card. Please refer to our Voucher Terms & Conditions for the full terms and conditions applicable to the use of credit and discount vouchers. Please note that because of standard banking procedures, your bank or card issuer will initially “ring-fence” the full amount of the Order (before any credit or discount) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your Order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance. You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
5.6. Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will “ring-fence” the full amount of your Order. If your Order is subsequently rejected by the Restaurant (as described in paragraph 4.4 above) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
6. CUSTOMER CARE
6.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by clicking or selecting the “Need help?”, “Help” or similar button or by calling the telephone numbershown on the Website.
6.2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you can contact our Customer Care Team as described above and one of our Customer Care Advisers will attempt to contact the Restaurant in order to follow up on your query.
6.3. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact our Customer Care team as described above and they will attempt to contact the Restaurant in order to communicate your requests. However, there is no guarantee that we will be able to reach the Restaurant or that the Restaurant will agree to your requests as they may have already started processing your Order.
6.4. Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by a Restaurant, please consider providing feedback in the form of ratings, comments and reviews on the Website (together, “Reviews”) to reflect your experience. The Reviews are an important part of our quality control process.
6.5. Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Restaurant and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Restaurant directly to lodge your complaint and, where appropriate, follow the Restaurant’s own complaint procedures. If you are unable to contact the Restaurant, or the Restaurant refuses to deal with your complaint, you can contact our Customer Care Team as described above within 48 hours of placing your Order and one of our Customer Care Advisers will attempt to contact the Restaurant in order to request compensation on your behalf. Please note, however, that the legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with. We have no control over Restaurants and the quality of the Products or service that they provide, and we not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Restaurant.
7.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:
7.1.1. You must not misuse the Website (including by hacking or “scraping”).
7.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 7.1 is prohibited.
7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
7.1.4. You must ensure that our status as the author of the material on the Website is always acknowledged.
7.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.
7.2. Limitation on use: Except as stated in paragraph 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.
7.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
8. WEBSITE ACCESS
8.1. Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
8.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
8.3. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
9. VISITOR MATERIAL AND REVIEWS
9.1.2. You represent and warrant that that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.
9.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:
9.2.1. breaches any applicable local, national or international law;
9.2.2. is unlawful or fraudulent;
9.2.3. amounts to unauthorised advertising; or
9.2.4. contains viruses or any other harmful programs.
9.3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:
9.3.1. contain any defamatory, obscene or offensive material;
9.3.2. promote violence or discrimination;
9.3.3. infringe the intellectual property rights of another person;
9.3.4. breach any legal duty owed to a third party (such as a duty of confidence);
9.3.5. promote illegal activity or invade another’s privacy;
9.3.6. give the impression that they originate from us; or
9.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.
9.4. Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
9.5. Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
9.6. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Restaurant or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.
9.7. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
10. LINKS TO AND FROM OTHER WEBSITES
10.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
10.2. Linking permission: You may link to the Website’s homepage (www.beatjusteat.com), provided that:
10.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;
10.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
10.2.3. any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 9 (Visitor Materials and Reviews));
10.2.4. we have the right to withdraw linking permission at any time and for any reason.
11.1. Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the functionality, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.
11.2. Allergy, dietary and other menu information: When a Restaurant signs up with us, they have to provide us with up-to-date menu information. We then include this on their dedicated page on the Website. Where this information includes allergy or other dietary information, we will do our best to republish this information on the website or app exactly as it appears on the restaurant’s menu. If you have a concern about food allergies, intolerances or other dietary preferences, you should always contact the Restaurant directly before placing your order. Please do not use the “leave a note for the Restaurant” box for your food allergies or intolerances, please contact the Restaurant directly.
11.3. Restaurant actions and omissions: The legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with. We have no control over the actions or omissions of any Restaurants. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:
11.3.1. We do not give any undertaking that the Products ordered from any Restaurant through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
11.3.2. Estimated times for deliveries and collections are provided by the Restaurants and are only estimates. Neither we nor the Restaurants guarantee that Orders will be delivered or will be available for collection within the estimated times.
11.3.3. We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Restaurant rejects your Order. However, we do not guarantee that Restaurants will accept and fulfil all Orders, and Restaurants have the discretion to reject Orders at any time because they are too busy, if you fail to provide proof of age for purchases of alcohol, cigarettes or other smoking products when required, due to weather conditions or for any other reason.
11.3.4. The foregoing disclaimers do not affect your statutory rights against any Restaurant.
11.4. Exclusion of terms: We provide you with access to and use of the Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise ).
12.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
12.2. Exclusion of liability: Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:
12.2.1. any loss of profits, sales, business, or revenue;
12.2.2. loss or corruption of data, information or software;
12.2.3. loss of business opportunity;
12.2.4. loss of anticipated savings;
12.2.5. loss of goodwill; or
12.2.6. any indirect or consequential loss.
12.3. Limitation of liability: Subject to clauses 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £100, whichever is lower.
12.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
13.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
13.1.1. you have used the Website in breach of paragraph 7.1 (License);
13.1.2. you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);
13.1.3. you have breached paragraph 10.2 (Links to and from other websites); or
13.1.4. you have breached any other material terms of these Website Terms.
13.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
14. WRITTEN COMMUNICATIONS
14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. EVENTS OUTSIDE OUR CONTROL
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
15.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1. strikes, lock-outs or other industrial action;
15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5. impossibility of the use of public or private telecommunications networks; and
15.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
15.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
16. ADDITIONAL TERMS
16.3. Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.4. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
16.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
16.6. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
16.7. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
17. GOVERNING LAW AND JURISDICTION
17.1. These Website Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.
II. OUR VOUCHER TERMS & CONDITIONS
1. The following general terms and conditions (the “General Voucher Terms”) will apply to all vouchers issued by Beat Just Eat from time to time for use on the Website, including vouchers with a credit value (“Paycode Vouchers”) and promotional discount vouchers (“Discount Vouchers”, and together with Paycode Vouchers, (“Vouchers”).
2. Individual Vouchers will also be subject to, and the General Voucher Terms will be supplemented and/or modified by, additional terms and conditions (the “Specific Voucher Terms”) that will be specified on the Voucher or at the time the Voucher is issued.
3. Vouchers may only be redeemed towards online Orders from Restaurants made through the Website.
4. Paycode Vouchers must be applied to a registered Beat Just Eat online customer account via www.beatjusteat.com by no later than the deadline specified on the Paycode Voucher and/or at the time the Paycode Voucher is issued by entering the relevant voucher code (“Paycode Voucher Code”), and will expire if not applied by this date. If the Paycode Voucher is applied before the expiry date, the customer account will be credited by the relevant amount. Unless otherwise provided or specified in the Specific Voucher Terms, any credit must be used within six (6) months of the date on which the Paycode Voucher is issued.
5. If the order value is less than the Paycode Voucher value that has been credited to the customer account, no change or cash will be given. However, any balance will be left as a credit in the customer account, and may be redeemed against subsequent orders.
6. If the order value is more than the Paycode Voucher value that has been credited to the customer account, the remaining balance must be paid online using a debit or credit card.
7. Paycode Vouchers and Paycode Voucher Codes are only valid for one use. Once the Paycode Voucher Code has been used (whether in an authorised or unauthorised manner), the Paycode Voucher Code will be void. Paycode Voucher recipients are responsible for ensuring that their Paycode Voucher Codes are not used by someone else.
8. Discount Vouchers must be used by the deadline specified on the Discount Voucher and/or at the time the Discount Voucher is issued by entering the relevant voucher code (“Discount Voucher Code”), and will expire after such date.
9. In the event of 2,000 redemptions made per Discount Voucher Code, the Discount Voucher Code will automatically expire regardless of the expiry date.
10. The right to use a Voucher is personal to the original recipient and may not be transferred. No Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission. In particular, Vouchers distributed or circulated without our written approval, for example on an Internet message board or on a “bargains” website, are not valid for use and may be refused or cancelled.
11. Unless otherwise provided or specified in the Specific Voucher Terms:
11.1 Vouchers may not be used in conjunction with other Vouchers or any other discounts or promotions provided or advertised from time to time;
11.2 each Voucher will be valid for use by a recipient only once;
11.3 each customer or household is limited to one Voucher per promotion or offer; and
11.4 the right to use a Voucher is personal to the original recipient and may not be transferred.
12. When you use a Voucher you warrant to us that you are the duly authorised recipient of the Voucher and that you are using it in accordance with these terms, lawfully, legally and in good faith. If we believe in our sole discretion that a Voucher is being used in breach of these terms, unlawfully, illegally or in bad faith, we may reject or cancel the Voucher.
13. Please note that because of standard banking procedures, your bank or card issuer will initially “ring-fence” the full amount of an Order (before any Voucher credit or discount is applied) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance.
14. Vouchers may not be exchanged for cash.
15. We shall not be liable to any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Voucher or any failure or inability of a customer or household to use a Voucher for any reason.
16. We reserve the right, at any time and in its sole discretion, to add to or amend these terms and conditions in relation to the use of Vouchers or to vary or terminate the operation of a Voucher at any time without notice.
17. All standard terms and conditions from time to time for use of the Website and the Service apply.
III. OUR COMPETITIONS TERMS & CONDITIONS
1. The following general terms and conditions (the “General Competition Terms”) will apply to all competitions run by Beat Just Eat.
2. Individual competitions will also be subject to, and the General Competition Terms will be supplemented and/or modified by, additional terms and conditions (the “Specific Competition Terms”) that will be specified in connection with each competition.
3. Competitions are open to individual residents of the UK aged 18 or over, except employees of Beat Just Eat, their associated, affiliated or subsidiary companies, and their families, agents, or anyone connected with the competition.
4. Winners will be responsible for ensuring they are able to accept the relevant prize, as set out and in accordance with these General Competition Terms and any applicable Specific Competition Terms.
5. We reserve the right to redraw a competition winner if the relevant prize is not accepted or claimed within the time period stated in the applicable Specific Competition Terms.
6. Completing and submitting a competition entry form will be deemed acceptance of the General Competition Terms and any applicable Specific Competition Terms.
7. The General Competition Terms and any applicable Specific Competition Terms shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English courts.
9. We reserve the right to withdraw any competition at any time without prior written notice and/or to alter or amend the General Competition Terms or the Specific Competition Terms for any competition at any time.
10. Our decision is final and binding in all matters relating to any competition and no correspondence will be entered into.
11. All standard terms and conditions from time to time for use of the Website and Service apply.
What are cookies?Cookies are small pieces of information which are issued to your computer when you visit a website and which store and sometimes track information about your use of the site. A number of cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are only used where you ask us to remember your login details for when you next return to the site and will last for a longer duration.
1. Strictly necessary cookiesStrictly necessary cookies allow you to use essential features of our site such as enabling you to order takeaway more easily. The essential features of our site require strictly necessary cookies so that we can remember your postcode and what is in your shopping basket whilst you continue to order products from our site and/or navigate to different pages of the site during your browsing session. We are also able to identify you as being logged in to 2UD.biz and to ensure that you are able to access the appropriate features on our site. If you choose not to accept these cookies, you will be unable to use our site for ordering takeaway, only for browsing. Please email us to request the list of strictly necessary cookies
2. Performance cookiesPerformance cookies collect information about how you use our site, so that we can improve the quality of our site and service. Our performance cookies do not collect any information that could potentially identify you. All information collected is anonymous and is used by us to:
- provide statistics on how our site is used;
- monitor which website our users arrived from; and
- help us improve the site by measuring usage information and any errors which occur during our users browsing experience.
3. Functionality cookiesFunctionality cookies provide you with improved site functionality by allowing access to additional services or to enhance your future visits to our site. Functionality cookies used on our site provide you with improved site functionality whilst you are browsing for example, giving you access to our online help service with our live chat team if you require help and assistance with your takeaway order. These cookies may share information with partners to provide services on our site. The information shared is only to be used to provide the service, product or function and not for any other purpose. Please email us to request the list of functionality cookies
4. Targeting & Sharing cookiesTargeting & sharing cookies offer you a customised browsing experience by providing you with interest based services both on this site and on some other websites too. Cookies which customise your browsing experience on our site only collect information by reference to the IP address that you are using. Some of these customised browsing experiences may be linked to services provided by third parties which provide these services for recognising that you have visited our site. This information is used to inform you of products and/or services which may be of interest to you or for services provided by our third party partners. These cookies may also link to social networks such as Facebook or Twitter provide advertising agencies with information on your visit so that they can present you with adverts which may be of interest to you. For more information about this type of interest based advertising, and about how to turn this feature off please visit http://www.youronlinechoices.com/uk/your-ad-choices. Please email us to request the list of targeting & sharing cookies
TERMS AND CONDITIONS
At Beat Just Eat, we’re committed to being transparent with our subscribers and users of our website (www.beatjusteat.com) about what it means to be a subscriber, how we’ll be contacting you and what we do with your information.
For further information, or any questions regarding this statement should be directed to: firstname.lastname@example.org, by writing to: FAO: The Compliance Officer, Beat Just Eat, 10 Braemar Drive, Dunfermline, Fife KY11 8ES, or alternatively by calling: 07933 644 046.
WHO ARE WE AND WHO IS MY CONTRACT WITH?
We’re Beat Just Eat a registered domain belonging to Claudio INGROSSO trading as 2UD.biz, the engine behind Beat Just Eat, the multichannel platform serving restaurants like yours. We provide content via our website (online and offline), on our website (www.beatjusteat.com) and via direct e-Communications to our subscribers. We also offer advertising opportunities to brands looking to connect with small business owners.
2UD.biz comprises of Beat Just Eat, with its trading address at 10 Braemar Drive, Dunfermline, Fife KY11 8ES.
Your contract for Beat Just Eat and/or Beat Just Eat website is held with Beat Just Eat.
There are multiple ways to subscriber to Beat Just Eat and/or Beat Just Eat Magazine, including:
1) Calling your Beat Just Eat Representative
2) Emailing us: email@example.com
3) Calling us: 07933 644 046.
4) Writing to us: FAO Subscription Team, Beat Just Eat, 10 Braemar Drive, Dunfermline, Fife KY11 8ES.
When you confirm your subscription (online, by email, phone or post) in each case you are acknowledging your agreement to these terms and conditions which enters you into a legal binding contract resulting in your contract being formed.
If you are a paying subscriber receiving a monthly service and software access from Beat Just Eat you are confirming your subscription once your payment has been processed and enters you into a legal binding contract resulting in your contract being formed.
You will receive confirmation of your subscription and/or payment via email within 14 days of agreeing to subscribe.
We reserve the right to not accept or process or fulfil the order, and a validation check may be carried out by us to check your identity and the bona fides of the order. If, for any reason, we are unable to process payment authorization by your card issuer, or if we are unable to accept the order, we will notify you. If payment has already been processed, we will refund it to your payment card in full.
DELIVERY OF THE SERVICE
If you are subscribing to receive our online services, which may include access to our software, apps, or the rental of hardware from Beat Just Eat, we will deliver said services for the address given when you place the order. Any order placed will commence within a reasonable amount of time necessary for compiling your data for use on our website and apps, so please allow up to 20 days to receive our services.
You agree that we are not responsible if you have given us the incorrect or incomplete information, like address, restaurant or menu details. Nevertheless, if you allow a reasonable amount of time to correct any errors or omissions you may have made, we will be more than happy to correct matters, and depending on the nature of your errors or omissions, or unless these are exclusively attributable to us, we will do this at no charge to you, except of course if said errors are substantial and not attributable to us in any way, in which case you may incur the relevant charges as each case may require. You also agree that we will not refund the cost of any services that are delivered with incorrect information to us.
We ask that you notify us immediately if you move address so we can update your subscription details, including Restaurant address, telephone, etc..
You may not sell or authorize for sale or authorize others to sell our services delivered to you, in whole or in part. However, passing on details of other restaurant owners who may wish to acquire our services is encouraged and rewarded. Please speak to our Representative for your area. You acknowledge that as between us and you, all intellectual property rights in our Website and/or any part of it are owned exclusively by us throughout the world for the full period of copyright.
We will not be held liable for any delay of delivery or non-delivery of services as a result of the following circumstances.
(i) Where payment has been refused via your card issuer and/or we are unable to process payment.
(ii) Where a delay or failure or failure to publish is due to unforeseen circumstances out of our control, or the control of our agents. This includes, but is not restricted to: postal strikes, labour disputes or malicious damage involving employees, strikes, legislative constraints, failure of transport infrastructure, failure of telecommunication links, utilities failure, fire, flood, government act, act of God.
CANCELLATIONS AND REFUNDS
Where a minimum term of 12-month subscription is ordered, cancellations are not permitted until the end of such period, nor are part cancellation or reimbursement of cost of services not yet delivered to you. Should you cancel a subscription without our consent, we will switch off all services to you and may bar you from re-subscribing. You can cancel your subscription after periods of 1 year each, and at least with 30 days’ notice. To do this please contact your area representative, or
1) email: Beat Just Eat Ltd, Regency House, 16 Victoria Road or
2) write to us: FAO Subscription Team, Beat Just Eat, 10 Braemar Drive, Dunfermline, Fife KY11 8ES.
And provide the reason for cancellation. Your service will be thus discontinued. Your card provider may charge a fee to process your cancellation.
Prices are clearly displayed online and VAT (where applicable). You will make either a one-off payment for a 12-month term within 7 (seven) days of formation of your contract. We reserve the right to increase or decrease our pricing at any time, and will occasionally run offers and events with promotions at a reduced price to attract new subscriptions (“Reduced Price Sales”).
The price which you agreed to for the 12-month subscription at that particular time is the price you are contracted at, and will not be increased or decreased for you during that 12-month period. You agree that you are not entitled to any refund of the subscription cost initially agreed in relation to Reduced Price Sales.
This subscription will automatically renew on a yearly basis, unless you notify us not less than 30 (thirty) days in advance of the annual renewal date that you no longer wish to subscribe. We will also notify you at this time of any changes in price for the next annual subscription period.
If, for any reason, an error has occurred in terms of pricing you are offered for your order, we will notify you immediately. You will need to contact us to reconfirm the order, and if we are unable to contact you, it will be cancelled. If payment is taken incorrectly and processed twice, we will refund you the additional payment made.
AUTHORISATION OF PAYMENT
If you are not over 16 years of age or not using your own payment card, you must ask permission of the credit/debit card holder. By submitting payment, you are representing that you have obtained the express prior permission of the credit/debit card holder.
Our liability to you in the event of any type of interruption of service by us shall, at our discretion, be limited to replacement or extension of the time of interruption.
We confirm that we shall match the description of the service you purchased and that we will deliver the service to you using reasonable care and skill and within a reasonable period of the start of the service bought by you.
To the extent permitted by law, we exclude all other liability to you. Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents.
PERSONAL INFORMATION AND USE OF YOUR DATA
With your consent, we may send you emails about our content, products, or services that could be of interest to you. We use common marketing platforms to communicate with our subscribers and advertisers. We offer the option to unsubscribe at any time which will delete any of your personal data.
You have the right to ask for a copy of the information that Beat Just Eat hold about you.
If you want to unsubscribe, update your preferences, or request a copy of the information that we hold about you, you can do so in a number of ways:
- Selecting the your choices by ticking the relevant boxes when you subscribe (online, by phone or at an event)
- Visiting relevant sections on our website
- By email: firstname.lastname@example.org
- By phone: 07933 644 046
- By writing to us: FAO: Compliance Officer, Beat Just Eat, 10 Braemar Drive, Dunfermline, Fife KY11 8ES.
SECURITY AND PROCESSING PAYMENT
We confirm that we use reasonable efforts to ensure that purchasing your subscription through us is completely safe and secure, but we shall not be responsible for any loss of data or any other loss in the event that such security is compromised. In particular, we will not be liable to you for any losses you may suffer as a result of unauthorised access by a third party to the personal or payment information you provide us. It is your responsibility to ensure the security of your own credit/debit card details to avoid unauthorised use by a third party.
If you pay using your credit card, debit card or PayPal account, your order is processed by Paypal. This is reputed to be one of the most secure online payment systems in the world. We would encourage you to read Paypal’s privacy statement to give you further information on how they use and keep your data safe.
We do not store credit card details, nor do we share customer payment details with third parties. Your bank or credit card statement will be processed under our company name, Beat Just Eat.
VARIATION AND REVIEW OF THESE TERMS
We keep these terms under regular review. It was last updated in March 2019. We reserve the right to modify it at any time so would encourage you to regularly review it. Changes and clarifications will take immediate effect upon their posting to the website. If we make material changes to these terms, we will notify you here that it has been updated. Once we have communicated any such changes by email, or by updating our terms and conditions online you will automatically be bound by the revised terms and conditions.
If the services to you are substantially altered from what you originally bought from us when the contract was formed, we will amend the services in equal measure to make up for any difference.
Any hardware supplied to you as part of our services is subject to a separate contract and unless you have purchased said equipment outright, this will need to be returned in good condition at the end of any subscription term. Damage and indemnities relating to such equipment are also governed by said contract. Please see the appropriate section under Equipment Loan Terms & Conditions.
These terms and conditions are governed by Scottish law. You hereby irrevocably submit to the exclusive jurisdiction of the Scottish courts, notwithstanding the jurisdiction where you are based.
QUESTIONS AND CONTACTING Beat Just Eat LTD
If you would like to contact us about your subscription, register a complaint or would like further information about this statement or any information on our website please email: email@example.com, write to us: FAO: Compliance Officer, Beat Just Eat, 10 Braemar Drive, Dunfermline, Fife KY11 8ES, or alternatively call: 07933 644 046.
We obtain your details when you use our website, for example, when you download the latest edition of our apps, contact us about our products/services or if you subscribe to Beat Just Eat and/or any other service we provide. We also may collect your details upon meeting at an event, or within a phone call, where you consent to us doing so.
WHAT TYPE OF INFORMATION IS COLLECTED FROM YOU?
The personal data we collect from you may include: your name, address, email address, contact number(s) and IP address. We also may collect information from you surrounding your ‘area of interest(s)’ this includes what content/services that are of interest to you, as well as pages you have visited on our website. If you pay to subscribe to Beat Just Eat, your payment details are not held by us, it is collected by a third party payment secure payment provider, Paypal.
HOW IS YOUR INFORMATION USED?
We may use your information to:
- Complete any subscription requests to Beat Just Eat
- Complete any advertising requests on Beat Just Eat
- Complete any press release requests on Beat Just Eat
- Send you relevant content updates that you have requested, and may be of interest to you
- Send you relevant products/services that you have requested, and may be of interest to you
- Invite you to an event that you have requested, and may be of interest to you
- Seek your views/comments on the services that we provide
- Request that you update your preferences
- Notify you of changes to our services
- Process your Restaurant information
- Process a comment on our content
WHO HAS ACCESS TO YOUR INFORMATION AND CAN THIRD PARTIES ACCESS YOUR INFORMATION?
We will not sell or rent your information to third parties, nor will we share your information with third parties for marketing purposes.
Where you have consented to us doing so, we may occasionally send e-Communications to you, or advertise third parties services via our own website, e-Communications etc., however your details are not then shared.
Third party service providers working on our behalf: Occasionally, service providers, agents or subcontractors may be given your information for the purpose of completing tasks and providing our services to you on our behalf (for example, requesting that you update your preferences). When we use third party service providers, we will only disclose information that is relevant and vital to completing the requested task in order to deliver the agreed service. To ensure that your data is protected when working with third party service providers we have a contract in place that requires them to securely handle your data and doesn’t allow them to use your information for theirs or any other company or individual’s marketing purposes. When you subscribe to Beat Just Eat, providing you are requiring a paid subscription, your payment is processed by a secure payment provider. If you have any questions regarding our provider, PayPal, please contact us.
We may transfer your collected data to storage outside the European Economic Area (EEA). It may be processed outside the EEA to fulfil your order and deal with payment. By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure.
Data is owned by Beat Just Eat and kept securely. In the instance that Beat Just Eat was to be sold in its entirety or by individual asset, merged with another company, was legally required to disclose or share your personal data to comply with any legal obligation or otherwise restructured, we will take all necessary steps with the aim of ensuring your data is protected.
CONSENT AND UPDATING YOUR PREFERENCES
If for a secondary reason, for example marketing, with your permission, we may get in contact with you with offers/updates that we think could be relevant or of interest to you. You have the choice as to whether or not you want to receive these from us. If you do not want to receive direct e-Communications from us, then you can update your preferences at any time in the following ways:
- Selecting the your choices by ticking the relevant boxes when you subscribe (online, by phone or at an event)
- Visiting the relevant section on our website and updating your profile
- By email: firstname.lastname@example.org
- By phone: 07933 644 046
- By writing to us: FAO: Compliance Officer, Beat Just Eat, 10 Braemar Drive, Dunfermline, Fife KY11 8ES.
With your consent, we may send you emails about our content, products, or services that could be of interest to you. We use common marketing platforms to communicate with our subscribers and advertisers and offers the option to unsubscribe at any time, which will delete any of your personal data.
We will only hold your data for as long as is necessary for us to fulfil your subscription and/or for so long as we have your permission to keep it. In any event, we may conduct an [annual] review to ascertain whether we need to keep your personal data. We offer withdrawal of consent and deletion of your data at any time upon your request.
You have the right to ask for a copy of the information that Beat Just Eat hold about you by emailing email@example.com or by writing to us: FAO: Compliance Officer, Beat Just Eat, 10 Braemar Drive, Dunfermline, Fife KY11 8ES
USE OF ‘COOKIES’
We only use anonymous cookies, which means that our cookies are not collecting any information that would allow you to be identified personally. We may collect data about your browsing behaviour/patterns to enable us to improve our website and provide you with more content that could be of interest to you.
If you’d rather that our site and others didn’t enable cookies, you can disable them. There are a number of ways that you can do this, however we’d suggest consulting the Cookies section which offers more guidance on the subject.
LINKS TO OTHER WEBSITES AND THEIR PRIVACY STATEMENTS
When you click on links from our website they may redirect you away from www.beatjusteat.com. We are not responsible for the privacy practices of other sites and would encourage you to read their privacy statements.
16 OR UNDER AND PARENTAL GUIDANCE
We would recommend that any user of our website and/or subscriber is of a minimum age of 16 in order to find the content and services of interest.
If you are aged 16 or under, please get your parent/guardian’s permission before sharing any personal data or information with Beat Just Eat.
You can ask us not to use your data for marketing. You can do this by indicating your preferences on our forms, or by contacting us at any time at firstname.lastname@example.org.
Under the GDPR, you have the right to:
- request access to, deletion of or correction of, your personal data held by us at no cost to you;
- request that your personal data be transferred to another person (data portability);
- be informed of what data processing is taking place;
- restrict processing;
- to object to processing of your personal data; and
- complain to a supervisory authority.
You also have rights with respect to automated decision-making and profiling as set out below.
To enforce any of the foregoing rights or if you have any other questions about our site or our Privacy Policies, please contact us at email@example.com.
AUTOMATED DECISION-MAKING AND PROFILING
In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.
The right described above does not apply in the following circumstances:
- the decision is necessary for the entry into, or performance of, a contract between you and us;
- the decision is authorised by law; or
- you have given your explicit consent.
Where we use your personal data for profiling purposes, the following shall apply:
- Clear information explaining the profiling will be provided, including its significance and the likely consequences;
- Appropriate mathematical or statistical procedures will be used;
- Technical and organizational measures necessary to minimize the risk of errors and to enable such errors to be easily corrected shall be implemented; and
- All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.
CHANGES AND REVIEW OF THIS POLICY
We keep this policy under regular review. It was last updated in March 2019.
We reserve the right to modify it at any time so would encourage you to regularly review it. Changes and clarifications will take immediate effect upon their posting to the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it and/or disclose it and your choices.
QUESTIONS AND CONTACTING Beat Just Eat LTD
If you would like to: access, correct, amend or delete any information that we have about you, register a complaint or would like further information about this statement or any information on our website please email: firstname.lastname@example.org, write to us: FAO: Compliance Officer, Beat Just Eat, 10 Braemar Drive, Dunfermline, Fife KY11 8ES, or alternatively call: 07933 644 046.
Beat Just Eat is a trading name of Attenti A Quei Due Limited. Registered in Scotland N.SC623839. VAT Registeration N.317261323.
Registered office address: 52 Bruce Street, Dunfermline, Fife, United Kingdom, KY12 7AG
Terms & Conditions
- OPERATION OF THESE TERMS These Terms apply to requests for Equipment to be provided on loan as made by Customers directly to Beat Just Eat (and, for the avoidance of doubt, do not apply to requests for any purchase of Deliverables). If the Customer has the benefit of a separate Contract signed by Beat Just Eat and currently governing all or part of these arrangements, the terms and conditions contained in that other Contract applicable to the supply of the relevant Equipment and any related services will prevail to the extent of any inconsistency. For particular Equipment, additional terms and conditions specific to that Equipment or any related services may also be specified in the relevant Schedule to this document.
- DEFINITIONS In this document, unless otherwise specified in a Schedule or the context otherwise requires:
- Agreement means the contractual arrangements arising between Beat Just Eat and the Customer through the provision of any Equipment and (as relevant) related services on these Terms, as modified by any Contract
- Available Equipment means each item of equipment identified as available for loan from
- Beat Just Eat as listed in a Request or identified as available for loan under a Contract
- Beat Just Eat means, as relevant, Beat Just Eat, a trading name belonging to Attenti A Quei Due Limited, a company Registered in Scotland N.SC623839, with VAT Registeration N.317261323, and having its registered office address at 52 Bruce Street, Dunfermline, Fife, United Kingdom, KY12 7AG
- Contract means any agreement under which Beat Just Eat has offered to supply, or is currently supplying, certain Deliverables to the Customer (and any agreement entered into by Beat Just Eat with or for the benefit of the Customer which supersedes that)
- Customer means any party making a Request or otherwise entitled by its Contract to a loan of Equipment together with provision of any related services (and, where a Deliverable sought includes access to and support of the Platform, has also executed a Fee Letter (each as defined in Schedule 1)
- Deliverable means any products, services or other deliverables that may be manufactured, distributed or otherwise supplied by Beat Just Eat in connection with its business. Equipment means those units of Available Equipment selected by the Customer for its own use as specified in a Plan or otherwise provided by a Contract (and any replacement equipment provided by Beat Just Eat in accordance with these Terms)
- Improper Use means any unauthorized modification made to the Equipment, any failure by the Customer to use the Equipment in accordance with the manufacturer’s recommendations and any other improper act, error or omission of any Customer (or its employees, agents, or other contractors) in connection with the Equipment causing loss, damage, cost or expense to Beat Just Eat
- Loan Period means the period from the date on which the Customer receives the Equipment and continuing for so long as Beat Just Eat continues to provide Deliverables to the Customer under the Contract
- Personal Information has the same meaning as relevant, and includes any sensitive information in connection with a Customer
- Request means a document in form approved by Beat Just Eat identifying Available Equipment, completed and executed by an authorized representative of the Customer and submitted to Beat Just Eat in accordance with the instructions on that document and (where relevant) in compliance with the Contract
- Standard Sale Conditions means Beat Just Eat’s standard terms and conditions of sale accessible electronically on Beat Just Eat’s website at beatjusteat.com and selecting the ‘Terms and Conditions of Sale’ link
- Terms means the terms and conditions contained in this document including, for any specific item of Equipment or related service, the terms and conditions in the relevant Schedule to this document relating to that item of Equipment or service
- INTERACTION WITH CONTRACT The Customer acknowledges that any loan of Equipment on these Terms is consistent with and furthers the objectives of the Contract. Where relevant, the Customer requests Beat Just Eat to loan Equipment for use as specified in a Request on these Terms, and/or as part of a service bought with one of our Plans.
- LOAN REQUEST Unless otherwise provided in a Schedule, Beat Just Eat will provide the Equipment to the Customer on loan (free of charge) for the duration of the Loan Period. Beat Just Eat acknowledges that, at the direction of and for purposes of a bailment by the Customer, Beat Just Eat may be required to deliver the Equipment to an address specified in a Request.
- TITLE & RISK Beat Just Eat is the owner of the Equipment. Risk in the Equipment passes to the Customer immediately upon delivery of the Equipment to or at the direction of the Customer to the agreed delivery location. The Customer grants to Beat Just Eat a security interest in all Equipment as security for the performance by the Customer of its obligations to Beat Just Eat from time to time under these Terms. The security interest is granted on the same basis as if the Equipment had been sold (but not yet paid for) under the Standard Sale Conditions. Beat Just Eat is entitled and may choose to register a security interest in respect of the Equipment during the Loan Period. If Beat Just Eat elects to do so, the Customer will provide all reasonable assistance to Beat Just Eat in this regard.
- DELIVERY & RETURN OF EQUIPMENT Unless otherwise provided in a Schedule, Beat Just Eat will deliver the Equipment free of charge through its designated Agents, Resellers or Representatives. At the end of the Loan Period the Equipment is to be returned to Beat Just Eat in the same condition as delivered (allowing for normal wear and tear), unless alternative arrangements are agreed. Beat Just Eat will collect the Equipment, free of charge through its designated Agents, Resellers or Representatives. If delivery or collection proves impracticable during such time period or in such manner as initially agreed (other than by fault of Beat Just Eat ), Beat Just Eat reserves the right to charge a £250 call out fee plus freight and handling charges in relation to each further delivery or collection attempt.
- REPAIR & REPLACEMENT OF EQUIPMENT Unless otherwise specified in a Schedule, Beat Just Eat will provide repairs for faulty Equipment. If needed, replacement equipment will be issued for the duration of any such repair. Repairs will be conducted by Beat Just Eat’s appointed service providers. Beat Just Eat will be responsible for the cost of repairs, provision of replacement equipment and any standard servicing of the Equipment as and when that falls due if not arising from Improper Use. Any such collection and delivery of Equipment or replacement equipment will be in accordance with clause 6. Beat Just Eat Technical Services are to be contacted on 07933 644 046 for all Equipment technical or service requirements.
- USE OF EQUIPMENT The Customer shall not remove any labels, symbols, part numbers or serial numbers affixed to the Equipment. The Customer assumes full responsibility for the manner in which the Equipment is used and any decisions taken in connection with its use. Subject to any express limitation contained in the Contract, the Customer is responsible for all costs (including repair and replacement) resulting from Improper Use and, if requested by Beat Just Eat , will make good any loss, damage, cost or expense incurred by Beat Just Eat from such use.
- VIGILANCE The Customer shall comply with vigilance reporting obligations on the same terms and conditions as if the Equipment had been sold under the Standard Sale Conditions.
- AMENDMENT Beat Just Eat may from time to time alter these Terms as it reasonably determines necessary and post those amended terms and conditions to its website. Such alteration will not affect any Contract that Beat Just Eat has entered into with the Customer prior to the alteration.
SCHEDULE 1.1 ADDITIONAL DEFINITIONS: In this Schedule, unless the context otherwise requires: (a) Available Equipment includes:
Thermal Receipt Printer
Direct thermal POS printer 203 x 203DPI Grey
7” Android Tablet
Android 6.0 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 between Beat Just Eat 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 Beat Just Eat and its related functions and associated services.
1.2 SPECIFIC CUSTOMER RESPONSIBILITIES Without limiting clause 8, the Customer will take all reasonable steps to ensure that all operators:
- are registered on Beat Just Eat ’s System
- operate the Equipment in accordance with the operating instructions issued by the manufacturer, and ensure that it is kept and operated in a suitable environment
- are trained on the proper use, storage and care, as well as the proper procedures and methods for administration, of any products or Equipment provided by or at the direction of the Customer and operate the Equipment in accordance with operating instructions provided by Beat Just Eat or the Manufacturers
- retain possession of the Equipment throughout the Loan Period; and
- ensure that its insurance covers any loss of or damage to the Equipment
- where practicable, retain the original carton and packing materials for the Equipment, to be used when the Equipment is returned to Beat Just Eat for maintenance or repairs
- ensure that its insurance covers any loss of or damage to the Equipment
- at its own expense ensure that the Equipment remains in good working order and condition throughout the term of this Agreement and maintain appropriate records to document proper maintenance and servicing of the Equipment (such documents to be made available to Beat Just Eat upon written request)
- without limit, at its own expense, engage the Authorized Service Provider by written contract, as needed, to:
- provide installation services for the Equipment (unless (A) Beat Just Eat agrees in writing to provide an installation service; or (B) the Customer chooses to install the Equipment at its own risk and expense);
- provide all necessary training in relation to use of the Equipment, including initial training and any further training required during the term of this Agreement
- carry out all necessary testing and inspection of the Equipment (including safety inspections, annual checks); and carry out all preventative maintenance on the Equipment; and
- promptly notify Beat Just Eat when an item of Equipment is faulty or is otherwise to be returned to Beat Just Eat
For the avoidance of doubt, Beat Just Eat 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 Beat Just Eat. Beat Just Eat will not have any responsibility for repair or replacement of the Equipment except where the Customer has promptly notified Beat Just Eat of the fault in accordance with clause 7.
1.3 CONTINUED COMPLIANCE WITH PRIVACY OBLIGATIONS For the avoidance of doubt, Beat Just Eat confirms that, in any dealings with or through the its Platform, Beat Just Eat will comply, and will ensure that its personnel comply, with all relevant privacy obligations of Beat Just Eat under the Contract or as otherwise applying from time to time in relation to Personal Information. Without limitation to the foregoing, where Beat Just Eat makes available access to its Platform as a Deliverable, Beat Just Eat 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 Beat Just Eat 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 Beat Just Eat; or (iii) ceases to purchase Deliverables under the Contract (and no alternative agreement for the purchase of Deliverables is entered into with Beat Just Eat), then: (A) the Customer must immediately notify Beat Just Eat in writing of the occurrence of any such event (where Beat Just Eat is not already aware of the matter); and (B) Beat Just Eat 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, Beat Just Eat 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 Beat Just Eat by notice to or otherwise advising the Customer. If Beat Just Eat 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 Beat Just Eat.
1.5 NEW TECHNOLOGY Beat Just Eat 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 Beat Just Eat 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 Beat Just Eat to remove, return and recommission the Equipment, being £600.00 (or such lesser amount as Beat Just Eat 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 Beat Just Eat 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, Beat Just Eat 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 Beat Just Eat 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. Beat Just Eat will provide the Customer with a minimum of 7 days’ notice in writing prior to conducting any Equipment audit. The Customer will provide Beat Just Eat 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 Beat Just Eat , 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 Beat Just Eat , 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 Beat Just Eat. 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) Beat Just Eat 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 Beat Just Eat ’s web site at www.beatjusteat.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 Beat Just Eat 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.