1. Platform Nature & SaaS Model
These Terms & Conditions ("Terms") govern your access to and use of FoodTakeaway.co.uk ("the Platform", "Software", "we", "our", or "us").
Software-as-a-Service (SaaS) Disclaimer
FoodTakeaway.co.uk is strictly a Software-as-a-Service (SaaS) provider supplying digital menu interfaces, online ordering infrastructure, POS software, and communication technology. We do not prepare, cook, package, sell, or deliver food items, nor do we act as a catering merchant or courier service.
2. Terms for Restaurant Customers (End Users)
2.1 Direct Commercial Contract
When you submit an order on the Platform, you enter into a direct, binding contract with the independent Restaurant Partner fulfilling your order. We are not a party to that transaction.
2.2 Complete Exclusion of Food & Delivery Liability
To the maximum extent permitted by applicable law, we exclude all liability for food quality, taste, hygiene, allergen cross-contamination, ingredient accuracy, temperature, delivery delays, driver negligence, or foodborne illness. All food safety responsibilities rest exclusively with the merchant restaurant.
2.3 Cancellations, Complaints & Refunds
Orders cannot be cancelled once accepted by the restaurant kitchen. Any requests for refunds, price adjustments, or order disputes must be handled directly with the merchant restaurant.
3. Terms for Restaurant Owners & Employees (SaaS Licensees)
3.1 Software License & Account Responsibility
Restaurant Owners and authorized employees are granted a limited, non-exclusive, non-transferable license to access the POS terminal and management features. You are solely responsible for all actions taken under employee credentials.
3.2 Menu, Pricing & Tax Accuracy
Restaurant Partners are solely responsible for ensuring that all published menu items, prices, VAT/tax calculations, delivery fees, operational hours, and allergen warnings comply with local trading standards and consumer laws.
3.3 Hardware & Bluetooth Printer Disclaimer
Our software may interface with third-party devices such as ESC/POS receipt printers, Bluetooth thermal printers, tablets, or local Wi-Fi networks. We disclaim all liability for hardware incompatibilities, local Bluetooth connection drops, paper jams, network timeouts, or failed receipt prints.
3.4 Merchant Indemnification
Restaurant Owners agree to defend, indemnify, and hold harmless FoodTakeaway.co.uk from any third-party claims, customer damages, food safety penalties, or legal fees resulting from restaurant operations or menu errors.
4. Terms for Agents & Referral Partners
4.1 Independent Contractor Status: Agents, sales reps, and referral partners operate strictly as independent contractors. Agents have no authority to bind, contractually obligate, or make representations on behalf of FoodTakeaway.co.uk.
4.2 Commission & Termination: Commission entitlements are governed by separate referral agreements. We reserve the right to suspend or terminate agent accounts without notice for misleading sales practices.
5. Terms for General Visitors & Acceptable Use
All website visitors agree to use the Platform strictly for lawful browsing and food ordering. You must not:
- Attempt to manipulate order prices, subtotals, or payment payloads (`createOrderAction`, Stripe endpoints).
- Scrape, reverse engineer, or deploy automated bots against the software.
- Upload malicious code or attempt unauthorized access to restaurant databases.
6. Payments & Financial Terms
Online card payments are securely processed by Stripe. Restaurant Partners agree to the Stripe Connected Account Agreement. We are not liable for payment gateway outages or merchant bank payout delays.
7. Total Limitation & Exclusion of Liability
7.1 "As-Is" Service: The Software and Platform are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, express or implied.
7.2 Exclusion of Consequential Loss: To the fullest extent permitted by applicable law, FoodTakeaway.co.uk shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including loss of profits, lost revenue, business interruption, loss of goodwill, or data corruption.
7.3 Aggregate Liability Cap: Our total cumulative aggregate liability to any user (whether in contract, tort, or otherwise) shall not exceed the total SaaS subscription fees paid by you to us in the preceding 12 months, or £100 GBP, whichever is lower.
7.4 Statutory Exceptions: Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any mandatory statutory rights that cannot be legally excluded under local consumer protection laws.
8. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the applicable local laws of the jurisdiction in which the Restaurant Partner operates ("local law of the land") or, where required by mandatory law, the jurisdiction of residence of the end user, without regard to conflict of law principles.
Any legal proceedings, claims, or disputes arising out of or in connection with the Software or these Terms shall be submitted to the exclusive jurisdiction of the competent courts located within the Restaurant Partner's operating jurisdiction.
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SaaS Infrastructure & Whitelabel Takeaway Management