Growth Kitchen Online Ordering | Terms of Service
Growth Kitchen Online Ordering | Terms of Service
Last Update: June 7, 2023
Growth Kitchen Limited, a limited liability company incorporated and registered in England and Wales (registration number: 12841100), whose registered office address is at Wework, 10 York Road, London, United Kingdom, SE1 7ND, United Kingdom (“Growth Kitchen,” “we,” “us,” “our”) provides its Service (as defined below) subject to the following terms of service (as amended from time to time, the “Terms of Service”). We reserve the right to modify or update these Terms at any time. Any changes will be effective upon posting the updated Terms on the Website (“https://order.growthkitchen.co/”). Your continued use of the Website after any such changes constitutes your acceptance of the modified Terms.
By accessing and using the Service, you agree to be bound by these Terms of Service. You should pay particular attention to the section called “Disclaimers of Liability”, as this excludes or limits our legal liability in connection with your use of the Service. If you do not agree to these Terms of Service, please do not use our Service.
If you breach any of these Terms of Service, we have the right to suspend or terminate your access to and use of the Service (and block you from future access and use of the Service) immediately without notice.
1. OUR SERVICE
1.1 Service Description. The Service provides access to a platform (“Platform”) through which you are able to place orders (“Orders”) for food and beverage items (“F&B Items”) supplied by third party restaurants and other businesses we partner with (“Restaurant Partners”), to have those Orders available for pick-up by you, as applicable (collectively, such services, including our website available at “https://order.growthkitchen.co/” and any new features or applications, being the “Service”). We only provide the Platform that facilitates Orders. The Service does not include the preparation and supply of F&B Items. Please see clause 4 below for further information about our role.
1.2 Modifications to Service. Access to and use of the Service is permitted on a temporary basis. Growth Kitchen reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that Growth Kitchen will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
2. ACCESSING AND USING SERVICE
2.1 Eligibility. You must be aged 18 or older to use our Service and to place Orders. By accessing and/or using the Service or by placing an Order, you confirm that you are aged 18 or older.
2.2 Creating an Account. In order to use the Service, you may need to create an account with Growth Kitchen and you may be asked to provide certain details to set up this account, including your preferred payment method, contact details and address. You agree to provide and maintain true, accurate and current information about yourself as prompted by the Service.
2.4 Account Security. Account creation requires a password, or other secure login method. Your account is personal to you, and you must keep your account details secret. You must not in any circumstances allow others to access or use your account. You are responsible for all activities that occur via your account, and we are not responsible for any losses you suffer as a result, unless we have failed to keep your password secure. If another person uses your account to access the Service and places an Order, you are responsible to pay for the Order.
2.5 Account Termination. You may terminate your account at any time by selecting the option to do so within your account settings.
3.1 Placing an Order. Orders may be placed through the Service with Restaurant Partners, all F&B Items of our Restaurant Partners are subject to availability. Upon placing an order, you may receive a notification if you have provided your contact details. Please note that orders are promptly prepared by Restaurant Partners. However, there are circumstances under which an order may be rejected, including, but not limited to: (i) the Restaurant Partner experiencing high demand, (ii) unavailability of the ordered items, (iii) payment method declined, or (iv) closure of the Restaurant Partner’s business for the day.
3.2 Minimum Spend. Some Restaurant Partners may operate a minimum spend policy for your Order. In this event, the Service will notify you of the applicable minimum spend policy.
4. OUR ROLE
4.1 Platform. We only provide the Platform that allows you to place Orders for F&B Items, and your contract with us only relates to your access to and use of the Service via the Platform. We do not provide any of the food, beverages or other F&B Items that you can purchase from a Restaurant Partner. Regarding F&B Items, we only act as commercial agents for our Restaurant Partners to collect payment for your F&B Items and to facilitate ordering from the platform.
4.2 F&B Items. The contract for the supply of any F&B Items you have ordered from a Restaurant Partner is only between you and the relevant Restaurant Partner and each Restaurant Partner is solely responsible for any F&B Items, information or materials given to you. As noted above, we simply facilitate a Platform that enables you to place Orders and pay for your F&B Items. We do not provide any of the food, beverages or other F&B Items that you can purchase from a Restaurant Partner and we are not responsible or liable for the preparation or supply of any F&B Items, or for any other act (or failure to act) by a Restaurant Partner.
5.1 This section applies when you place an Order for pick-up by you from the relevant Restaurant Partner via the Service (“Pick-up Order”).
5.2 When you place a Pick-up Order, you can choose the time by which your F&B Items should be ready for collection. This estimated time is not guaranteed either by Growth Kitchen or our Restaurant Partners. You must ensure that you arrive to pick up your F&B Items at the estimated time for collection. Our Restaurant Partners will hold your F&B Items for 15 minutes after the estimated time for collection, and if you fail to pick up the F&B Items within 15 minutes, our Restaurant Partners may dispose of those F&B Items, and you will not be issued with a refund.
5.3 While Restaurant Partners strive to ensure timely order preparation, there may be instances where an order is not ready within the specified timeframe or the Restaurant Partner needs to communicate changes regarding your order. If you have provided your contact details during the ordering process, the Restaurant Partner will make reasonable efforts to get in touch with you in such situations. However, please note that we cannot guarantee reaching you in all circumstances. We recommend ensuring that the contact information provided is accurate and up to date to facilitate effective communication regarding your order.
6. INTELLECTUAL PROPERTY RIGHTS AND ACCEPTABLE USE
6.1 Access Rights. You acknowledge and agree that the Service and its content and features (“Service Content”) are protected by copyright, patent, trademark, trade secret or other intellectual property rights and laws and are the property of Growth Kitchen or its licensors. Growth Kitchen grants to you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Service and Service Content solely to the extent required for you to place Orders for F&B Items from Restaurants Partners. You may only use the Service for your own private use, and not for any commercial, business or resale purposes. Any use of the Service or Service Content other than as specifically authorised in these Terms of Service is strictly prohibited.
6.2 Acceptable Use. You must not:
6.2.1 use the Service for unlawful or illegal purposes or in breach of any applicable local, national or international law or regulation; (ii) access, interfere with, damage or disrupt any part of the Service, including our website and mobile application; or (iii) abuse, harass, intimidate, or use defamatory or derogatory language towards any member of our staff or any employee or agent of Growth Kitchen or our Restaurant Partners or Delivery Service Partner;
6.2.2 modify, copy, reverse engineer, reverse assemble or otherwise attempt to discover any source code in any Service Content, or frame, scrape, rent, lease, loan, sell, assign, sublicense, distribute or create derivative works based on, or otherwise transfer any right or interest in any Service Content, in whole or in part, except to the extent such actions cannot be restricted by applicable law; or
6.2.3 engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Growth Kitchen from accessing the Service or any Service Content (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
6.3 Trade Marks. The Growth Kitchen name and logos are trademarks and service marks of Growth Kitchen (collectively the “Growth Kitchen Trademarks”). Other product and service names and logos used and displayed via the Service and/or Service Content may be trademarks or service marks of Restaurant Partners, Delivery Service Partners, or other third parties who may or may not endorse or be affiliated or connected to Growth Kitchen. Nothing in these Terms of Service or the Service grants you (expressly or by implication) any license or right to use any of Growth Kitchen Trademarks or any other trade marks, service marks or logos displayed on the Service or Service Content. All goodwill generated from the use of Growth Kitchen Trademarks belongs to Growth Kitchen.
6.4 Feedback. If you provide Growth Kitchen with suggestions or comments for enhancements or improvements, new features or functionality or other feedback about Growth Kitchen or the Service, Growth Kitchen will have the right, without any obligation to compensate or reimburse you, to use, incorporate and otherwise exploit any such suggestions or comments in connection with our products and services.
7. YOUR RIGHTS AND INCORRECT ORDERS
7.1 You have a legal right to receive goods which comply with their description, which are of satisfactory quality. If you have any issue or questions regarding your order, it is recommended that you directly contact the corresponding Restaurant Partner(s). They will be able to assist you with any concerns related to your order.
7.2 If you notify Restaurant Partner(s) about a problem with an Order, they may request a photograph or other evidence showing the problem if it is something that can be seen by inspecting the F&B Items, or they may contact you to understand more about the issue and discuss compensation options, if applicable.
8. YOUR CANCELLATION RIGHTS
8.1 Order Cancellation Policy. Due to the prompt initiation of food preparation by our partner restaurants, order cancellation and refund are not possible once the order has been placed. Once you have submitted your order, the Restaurant Partner(s) immediately begin(s) the cooking process unless stated otherwise. Therefore, please review your order carefully before finalizing the purchase to ensure accuracy and suitability.
8.2 Growth Kitchen or the Restaurant Partner you have ordered from may cancel your Order at any time, for whatever reason. In the event of such cancellation, we or Restaurant Partner(s) will make reasonable efforts to get in touch with you; you shall not be charged for an Order which is cancelled by us or our Restaurant Partners (or we will reimburse you if payment has already been made).
9. OUR RIGHTS TO TERMINATE AND SUSPEND YOUR ACCESS TO THE SERVICE
9.1 If You Do Not Comply with These Terms of Service. You agree that Growth Kitchen, in its sole discretion, may suspend or terminate your account or use of the Service, and block you from future access to and use of the Service, if we believe that you have not complied with, or acted inconsistently with the letter or spirit of, these Terms of Service, or if we otherwise have reasonable grounds for doing so (including if we believe your account is being used by anyone else). Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Where reasonably possible, you will be advised on the termination of your access to the Service. Upon such termination of your access to the Service, you acknowledge and agree that Growth Kitchen may immediately deactivate or delete your account and all related information and files in your account. Further, you agree that Growth Kitchen will not be liable to you or any third party for any termination of your access to the Service or Service Content
9.2 Abusive Behaviour. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating any Growth Kitchen, Restaurant Partner, or any other good reason).
10. PRICES AND PAYMENT
10.1 You are responsible for paying for all Orders placed using your account, whether or not those Orders have been ordered for you or someone else.
10.2 All prices are inclusive of VAT. In addition to the prices charged by Restaurant Partners for F&B Items (“Prices”), we may charge fees for your access to the Service (“Service Fees”). Prices and Service Fees are subject to change from time-to-time. You will be notified of the applicable Prices and Service Fees on the checkout screen before you place your Order. By placing your Order, you confirm that you have read and understood these Terms of Service and the fees that will be charged to you.
10.3 Payment through the Service is made directly to Growth Kitchen, and we are authorised to accept payments on behalf of our Restaurant Partners. All payments shall be taken from your preferred payment method via the Service, and you do not have to make any further payments upon collecting a Pick-up Order. If the Restaurant Partner requests any additional payments for your Order, please first contact us via the contacts displayed in the website. We have no liability for any payments made outside of our Service.
10.4 Our accepted payment methods are listed at “https://order.growthkitchen.co/” and these may be updated from time-to-time. If you choose to make payment using any third party payment services, the relevant third party payment service provider’s terms may apply.
11. OUR RESPONSIBILITY
11.1 We do not exclude or limit our responsibility to you for any losses or damage where it would be unlawful to do so, in accordance with the Consumer Protection Act 1987. If you are a consumer, you have legal rights in relation to services that are not performed with reasonable care and skill or are otherwise not as described. Advice about your legal rights is available from the Citizens Advice website. Nothing in these Terms of Service will affect your rights at law.
11.2 We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our non-compliance with these Terms of Service or failure to use reasonable care and skill in relation to your use of our Service. We are not responsible for: (a) any loss or damage suffered by you as a result of your non-compliance of these Terms of Service or as a result of any network, software or hardware failure other than a failure in our Service; (b) any direct or indirect loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings; (c) any loss of goodwill or reputation; (d) unforeseeable losses, meaning losses where it was not obvious before you made your Offer that those losses would or might be suffered by you, and nothing you said to us before we accepted your Offer meant we should have expected those losses to be suffered; or (v) losses you could have avoided by taking reasonable action.
11.3 Limitation of Liability. To the extent that we are allowed under applicable law to limit our liability to you, our liability to you arising under or in connection with the Service and these Terms of Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the higher of: (a) the amounts you have paid to us in connection with the incident or incidents to which the relevant claim relates; or (b) £100.
11.4 Liability for F&B Items. You acknowledge and agree that to the fullest extent permitted by law, Growth Kitchen is not responsible for, and will not be liable for, any loss or damage caused by or in connection with any F&B Items, or for any advice, information, instructions, materials or content provided to you by a Restaurant Partner, or otherwise for any act or omission of a Restaurant Partner. Your only recourse in connection with any F&B Items, advice, information, instructions, materials or content provided to you by, or act or omission of, a Restaurant Partner is against the relevant Restaurant Partner. All information and content relating to Restaurant Partners and F&B Items that is displayed on or through the Service or Service Content is third party material. We therefore exclude any warranties, undertakings, or representations (either express or implied) to the fullest extent permitted under applicable law, that any such information or content is accurate, true, safe, or approved or verified by any regulatory body or authority.
11.5 Events Outside our Control. We will not be liable for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, pandemics, epidemics, earthquake, fire, flood or other acts of God, labour conditions, power failures, and Internet disturbances.
11.6 Disclaimer: To the extent permitted by law, the Service, Service Content and any information, materials, content or advice given on or through the Service or Service Content, whether written, stated or implied, is for information purposes only and is provided “as is” and “as available” and without warranty of any kind by Growth Kitchen. You agree that you must evaluate, and bear all risks associated with, the use of any information, content or advice appearing on or through the Service or Service Content, including any reliance on the accuracy, completeness, or usefulness of such content. While we do our best to avoid interruptions or unavailability of the Service, we cannot guarantee that the Service or Service Content will always be unavailable, uninterrupted or error free.
11.7 Viruses and Harmful Code: We do not guarantee that the Service or Service Content will be secure or free from harmful code, viruses or bugs.
11.8 Third Party Websites. The Service may provide links or other access to other sites and resources on the Internet. Growth Kitchen has no control over such sites and resources and Growth Kitchen is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Growth Kitchen will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Growth Kitchen is not liable for any loss or claim that you may have against any such third party.
12. DATA PROTECTION
13.1 Electronic Communications. You agree to receive electronically all communications and notices that we provide in connection with the Service. We may be required to provide you with communications in written form, which you agree to receive electronically instead of in paper form, including by sending to the email address registered to your account, or by posting notice or communicating with you via our website. Communications include these Terms of Service and any and all other agreements or policies to which you must agree in order to use the Service, including updates to those agreements and policies, payment authorisations and transaction receipts or confirmations and customer service matters.
13.2 General Terms. These Terms of Service contain the entire agreement between us and you with respect to their subject matter. A person who is not a party to these Terms of Service has no rights under them, whether under the Contracts (Rights of Third Parties) Act or otherwise. If either we or you have any right to enforce these Terms of Service against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance. If a court or other authority decides that any part of these Terms of Service is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.
13.3 Applicable Law and Jurisdiction. These Terms of Service, and any disputes arising out of or in connection with them (including non-contractual disputes), are governed by English law and you can bring legal proceedings in relation to our Service or these Terms of Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of our Service or these Terms of Service in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of our Service or these Terms of Service in either the Northern Irish or the English courts.
13.4 Contact Us. If you have any questions, comments or complaints, please contact us at firstname.lastname@example.org.