Terms and Conditions

FastEat Terms and Conditions Jan 2021

Thank you for using FastEat!

Please read the following terms and conditions (the “terms”) carefully before using our website, www.fasteat.biz, or our mobile applications (collectively, the “site”).

You agree that by using the site, you accept and agree to be bound by these terms and our privacy policy, incorporated herein by reference. If you do not agree to these terms, please do not use the site.

Application
These Terms and Conditions will apply to the purchase of food and beverages by you (the Customer or you) through our Platform. We are The Fast Food Delivery Company Ltd Ltd whose trading name is “FastEat” a company registered in England and Wales under number 09146717
These are the terms on which we provide our services to you. By placing an order, you agree to be bound by these Terms and Conditions. You can only use the Website/Apps if you are eligible to enter into a contract and are at least 18 years old.  

Interpretation
Consumer means an individual placing an order through our Platform for food and/or beverages;
Contract means the legally-binding agreement between you and us for the supply of the Services;
Delivery Location means the Consumer’s premises or other location where the food and beverages are to be supplied, as set out in the Order;
Food and Beverages means any goods that we supply to you with the Services, of the number and description as set out in the Order;
Order means the Customer’s order for the Services from FastEat as submitted following the step by step process set out on the Website/Apps;
Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website/Apps;
Services means the services provided on the Website/Apps, including any food and/or beverages, of the number and description set out in the Order;
Website/Apps means our Website/Apps FastEat.biz on which the Services are advertised.  

Our Services
The description of our Services and any Goods is as set out in the Website/Apps, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
All Services which appear on the Website/Apps are subject to availability.
We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes. 

Purpose
The Website/Apps and the FastEat (UK) Ltd Services are a third-party marketplace for customers (“Consumers”) to view, discuss, and place orders for food and beverages, and delivery services in connection therewith, with participating stores (the “Stores”). FastEat (UK) Ltd provides order placement services only. FastEat (UK) Ltd is not a merchant of food or beverages and does not control the Stores or the production of any food or beverages. 

The Stores have entered into agreements to comply with UK laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. FastEat (UK) Ltd, including the Website/Apps FastEat.biz and the FastEat (UK) Ltd Services, does not in any way independently verify the credentials or representations of any of the Stores, the ingredients or the quality of any their products or services, or any Store’s compliance with applicable laws.

Customers using the FastEat (UK) Ltd Services must make themselves comfortable through the information provided by the Stores on the Website/Apps, by contacting the Stores directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability and quality of the Stores and the Stores’ compliance with applicable laws. FastEat (UK) Ltd, including the Website/Apps and the FastEat (UK) Ltd Services, does not in any way guarantee the quality of any Store or any food or beverage, or any pickup- up or delivery service in connection therewith, or any compliance thereof with applicable laws.

In addition, a Store may represent certain standards with respect to their food preparation (or other services), such as “organic,” “kosher,” “macrobiotic” or allergen- specific standards such as “nut-free,” “gluten-free,” or “lactose-free”; FastEat (UK) Ltd does not investigate or verify any such representations. FastEat (UK) Ltd shall not be liable or responsible for any food or beverages, or any other services, offered by the Stores or any errors or misrepresentations made by them (including on the Website/Apps and through the FastEat (UK) Ltd Services).

We do take customer satisfaction very seriously and, in addition to contacting the applicable Store directly, we ask that you notify FastEat (UK) Ltd of all complaints or concerns that you might have regarding the Stores. 

Disclaimers and Limitation of Liability
To the extent permitted by law, FastEat (UK) Ltd provides this Site and content on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of this Site, or that it will be timely or error-free, that defects will be corrected, or that the Site or server that makes it available are free of viruses or other harmful components.
Subject to the previous paragraph, neither FastEat (UK) Ltd nor any directors, officers, agents, employees or contractors shall have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from the use or inability to use this Site.
Nothing in these terms shall exclude or limits liability for death or personal injury resulting from our negligence or that of our agents or employees. 

Personal information and Registration
When registering to use the Website/Apps you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.  You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.
We retain and use all information strictly under the Privacy Policy.
We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this. 

Orders, order processing and deliveries

All customers will be required to register online All customer details will be stored electronically to help process future orders efficiently and quickly. We are bound by the Data Protection act and no information will be passed on or sold to a third party.

  1. By placing an order with us, you understand and acknowledge that FASTEAT delivers food, beverages and other items obtained from third parties for and on behalf of the customer, and that a FASTEAT is solely a courier delivery agent.
  2. As such, FASTEAT accepts no responsibility / liability whatsoever for the quality, quantity or content of any meals or goods delivered. Due to health and safety reasons, we do NOT permit our drivers to open / check packaging to confirm items or content. Full responsibility therefore lies with stores to send out the correct items. If there are any issues, you must take this up with the store
  3. The minimum order amount is for all order £10 (not including any delivery charges or card/paypal fees) but could be higher on certain menus, check the individual store for details
  4. We always aim to dispatch and deliver orders as quick possible and usually we can have your food to you within 20-30 minutes. To be on the the safe side we always ask that you allow 45 – 60 minutes for normal delivery times. At peak times, the delivery may take longer.
  5. We cannot bring forward or prioritise your order over other orders, as that would be unfair to other customers.
  6. If any items of an order are unavailable, we will choose the nearest available alternative, if none are available, at the discretion of FASTEAT, we will look to refund the price of that item(s) as part of our normal refund process
  7. After placing an order with us, you will receive an in-app message from us acknowledging that we have received your order.
  8. This does not mean that we have accepted your order, but it does constitute an offer for us to deliver the items you have ordered.
  9. All orders are subject to acceptance by us, and we will confirm such acceptance when we pass the order to the store or the third party whose products you have ordered. In the event we decide not to accept your order, we will contact you using the telephone numbers you provided when placing the order, or registering your details when placing your first order.
  10. The contract will be formed between us when we have placed the order with the store in question or the third party referred to above.
  11. You have the right to cancel an order within a reasonable time and before the order becomes accepted order by contacting FastEat through the chat on the website/app. If you wish to cancel or amend your order you should message us within 5 minutes of the order being placed. Any order cancelled by you after the driver has purchased the order will be charged to you. FastEat will inform you via in-app message you when an order is cancelled. Any payment made by you prior to an order being cancelled by FastEat will usually be reimbursed using the same method you used to pay for your order, or in some cases by the convenient way of refund for FastEat at that particular time.                       
  12. Please check your order thoroughly before accepting it, as it is difficult to rectify mistakes later.
  13. FASTEAT takes no responsibility for missing or incorrect items given to us by stores, we are acting purely as the delivery agent.
  14. We will always try our utmost to get the store to rectify errors they have made, and will attempt to mediate between the customer and the store, but cannot take responsibility if the store is not willing to rectify their mistakes or issue a refund.
  15. The store in question may choose to re-cook the food, or provide the missing items. We can re-deliver these items on the basis that they pay the delivery charge to deliver the items in question to yourself. We may occasionally waive this charge for the store but this is entirely at our discretion.
  16. If the store is unwilling to get the item re-delivered, and chooses to provide a refund instead, we will happily pass this back to you either as a credit applied to your registered profile with us, to be used towards future orders, or refund it to you by the same method of original payment once we have received the refund from the store.
  17. In the event the mistake has been made by us (i.e. if we have ordered the incorrect item / items), we will either replace the item for you, or credit / refund the amount of the incorrect item.
  18. Please note: Any refunds due, will be made within 48 hours, or at a mutually suitable time as agreed between you and the shift manager on the day.
  19. For complaints regarding quality of food supplied by a store, customers are advised to contact the store concerned direct. FASTEAT acts purely as the delivery service agent and although we may take up a complaint on behalf of the customer we do not, however, offer compensation or replacements in such events.
  20. We operate a zero violence tolerance policy, and will not accept any verbal or physical abuse to our staff or drivers.
  21. Any such incidents will be reported to the police and will be prosecuted to the full extent of the law 
Referral Program

FastEat occasionally offer a referral program with various monetary or other incentives to share personal referral codes.
It works by using the “Share” tab in the users profile on the FastEat app. This allows the registered user to share out their personal referral code to various social media and email platforms. The recipient that uses the code to register on the FastEat app will get a credit to be used off their first order. The person sharing the code (known as the “referrer”) will receive a bonus credit allocated to their account wallet, to be used off future orders once the shared with recipient places their first successful order.

We reserve the right to withdraw the referral program or any and all amounts offered at any time.

Payment Terms

Through our payment partner “Stripe” We accept Visa, MasterCard and American Express. We also accept payment through Google and Apple Pay platforms. You agree that we may save your payment information for your convenience.

If your payment method is declined, we will attempt to process your charge until the transaction is approved. We, and our third party payment service providers, may request and receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your future purchases and subscriptions. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer directly.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment through another method, including a mailed statement.

We may at any time charge your payment method if a delivery mistake has been made in your favour

The risk of loss and title for items purchased by you through our services passes to you upon our delivery of the items to you. Replacement of products or credits to your account for shipped merchandise claimed by you as not received are subject to our investigation. After our investigation, we may credit your account in our sole discretion.

If you choose to associate a debit card as your payment method, please be aware that by doing so, you are preauthorizing FastEat to proceed with charging said debit card for any fees (such as payment for additional items not on order, fees upon auto-renewal or, where applicable, Weekly Delivery fees). By proceeding with associating a debit card as your payment method, you acknowledge that these Terms constitute a written authorization for preauthorized transfers from the bank account tied to your debit card. The act of creating an account with FastEat and associating a debit card as your payment method represents the authentication of the foregoing written authorization.

Typographical Errors

In the event a product is listed on our Site at an incorrect price or with incorrect information due to typographical error or error in pricing or product information provided by our retailers, we have the right to refuse or cancel any orders placed for such products in our sole discretion, whether or not your order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is cancelled, we will issue a refund to your bank or credit card account in the amount of the cancelled charge.

Prices and Charges
The prices displayed on the Site may exceed the price available for such item when purchased in-store. By purchasing items using the Site, you expressly accept the prices associated with such items.

Prices displayed on the Site are inclusive of all UK Taxes, Any such taxes, duties and charges currently assessed or which may be assessed in the future, that are applicable to the sales made under these terms are for your account, and you hereby agrees to pay such taxes. Tax will be calculated and applied automatically to each order, where applicable.

Upon your placing an order through the Site and prior to FastEat fulfilling your order, FastEat will immediately charge the payment card associated with your account (“Pre-Authorization”). The amount will be charged as Pre-Authorization and full payment will only be taken at the point of order completion. In the event that the some order items are not available, Fasteat can adjust the Pre-Authorization amount which will automatically refund the difference between the Pre-Authorization and the actual total. While this refund occurs automatically, it may be up to a day or more before the refund is fully processed. By purchasing items using the Site, you expressly consent to Pre-Authorization charges.

Substitutions
At times, your Shopper will be unable to locate the exact brand and/or quantities of items you order through the Site. When this occurs, your Shopper may, depending on your instructions, be able to substitute the selected items for like goods. Such substitute items may differ from the item originally selected with respect to brand, quality, or price. You expressly consent to the Shopper’s use of reasonable discretion in selecting substitute items.

Item Refunds/Credits
In the event that you are dissatisfied with services received by you through your use of the Site, you may be eligible for a credit or a refund. Please be aware that a credit or refund will not be applied to your account without you first reaching out to FastEat and describing the issue with detail. The decision to provide a refund is solely within the discretion of FastEat. Nothing herein establishes any obligation on the part of FastEat to offer a credit or refund to you. Any acceptance by you of a credit or refund offered by FastEat constitutes a full release, waiver and discharge of any claim you may have against FastEat, FastEat’s parent company or affiliates, or their directors, officers, employees, or agents, that arises from or relates to the incident giving rise to your request for a credit or refund. Unless otherwise stipulated in writing by FastEat, any credit provided to you under this section will expire after ninety (90) days.

Store Policies
All purchases made through the Site are subject to any and all policies maintained by the retailer you select. FastEat does not control those policies or the respective retailer’s application of those policies. You and FastEat shall each endeavour to comply with store policies as applicable.

Messaging
By registering with FastEat, you agree that we may send you text (SMS) and In-App Push messages in order to provide you with the services and products offered through the Site. You may opt-out of receiving text (SMS) messages from FastEat at any time by contacting FastEat via support@fasteat.biz, provided however that opting out of text (SMS) messages may affect your use of the Site and the services and products offered through the Site. You may continue to receive text messages for a short period while we de-activate your account, and you may also receive text messages confirming the receipt of your de-activation request. 

Alcohol and Tobacco
We are bound by the licensing law to adhere to & implement the following conditions :-

  1. Alcohol will only be delivered to a residential address or business address, and the customer must be clearly resident inside the building and not standing in the entrance or the grounds/garden. Alcohol will not be delivered to a person on a street corner, a park, the beach or a bus stop etc.
  2. That alcohol will only be delivered to the person who made the order and proof of age will be a mandatory requirement on delivery, regardless of age. Failure to show the required form of ID will result in the refusal of the alcohol and a refund of that part of the order which relates to alcohol only.
  3. Passports and U.K driving licences with a photograph or Portman Group proof of age cards bearing the .PASS. mark hologram are the only sufficient forms of ID that will be accepted.
  4. FASTEAT has a policy whereby any person attempting to buy alcohol who appears to be under 25, will be asked for photographic ID to prove their age.
  5. FASTEAT operates a .challenge 25. policy, and that the customer if they appear to be under 25 will be asked for one of the prescribed forms of identification in addition to a credit card, and that no other form of identification will be accepted. Failure to show these will result in refusal of delivery or refusal of handing over of age-restricted goods to customer.
  6. FASTEAT will maintain a record of sales and deliveries containing the following information:-
  7. A list of the individual items delivered.
    2. The delivery address.
    3. The method of payment.
    4. The name, address and telephone number of the person ordering the alcohol.
    5. The date and time of the order and delivery.

**Please note** by ordering off license drinks you are accepting & agreeing to the above terms and conditions & that you have a valid and acceptable form of photographic ID to show to the driver on request.

  1. Abuse & assaults on drivers will be not be tolerated and anyone responsible will be reported to the police & prosecution charges imposed.
  2. We reserve the right not to deliver:
  • Outside our operating / delivery times
  • Outside our delivery zone
  • In dangerous weather / driving conditions
  • To unregistered addresses and customers
  • To customers we deem to have been rude to any of our staff, or customers who we deem to be a risk (i.e. non-payers, abusive, etc).
  • To minors ordering alcohol, cigarettes or any age restricted item(s)
  • To customers in public establishments, where that establishment is not a registered delivery address, or where we feel our delivery would conflict with, compromise or affect the operations of that establishment
  • To a registered banned customer or addresses
  • Any off-license drinks must only be accepted by the person who ordered it and a signature and an ID with a PASS stamp provided on delivery

Stores, menus & operating hours 

  1. All menu prices are inclusive of VAT. Prices are subject to change and all food is subject to availability.
  2. If any items of an order are unavailable, we will choose the nearest available alternative, if none are available, at the discretion of FASTEAT, we will look to refund the price of that item(s) as part of our normal refund process
  3. On the odd occasion where we cannot find your address and we cannot get a hold of you due to an incorrect telephone number supplied, we may at our discretion dispose of the food items and assume the order completed. It is very important that you ensure the telephone numbers you have provided us are correct,
  4. Stores reserve the right to change their menu and prices anytime throughout the year without prior notice.
  5. The prices of items listed on our site(s) are the prices in force on the date and at the time on which we receive / process your order. We make every effort to ensure that the prices on our Website/Apps are accurate.
  6. Nevertheless, as our site(s) contain a large number of products, it is always possible that, despite our best efforts, some of the items on our site(s) may be incorrectly priced. We will normally verify prices as part of our dispatch procedure, however we are under no obligation to provide or deliver to you at an incorrect lower price quoted on our site(s). We will inform you if this is the case, and you can choose to cancel the order at that point.
  7. For concerns regarding nut allergies or any other form of food allergy, we strongly advise customers to contact the store directly for advice and information regarding content and ingredients before placing the order with FASTEAT.
  8. Each store operates at certain hours, and we can only carry out deliveries for a subset of these hours.
  9. These times can be determined by communicating with the respective store, and our delivery hours for these stores can be seen on the individual store / menu pages on our Website/Apps.
  10. Store holiday hours may vary.
  11. Our opening hours / delivery times can be seen on the individual store menu page. Orders placed with us can only be delivered within these times, unless prior arrangement has been made in writing.

Force majeure

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control, including but not restricted to, strikes, lock-outs, riot, terrorist attack, war, fire, explosion, natural disaster, impossibility of the use of public or private transport or public or private telecommunications networks or the acts, decrees, legislation, regulations or restrictions of any government. 
  2. Our performance under any Contract is deemed to be suspended for the period that the 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 the force majeure event to a close or to find a solution by which our obligations under the Contract may be performed despite the force majeure event. 

Severability

If any of these terms and conditions or any provisions of a Contract 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. 

Entire agreement

  1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. 
  2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions. 
  3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions 

Language 

This agreement is drafted in the English language. If this agreement is translated into any other language, the English language text shall prevail. 

Law and jurisdiction 

Contracts made between us will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Warranty Disclaimer

Except as otherwise specifically provided herein, the site and the products and services offered through the site are provided on an “as is” and “as available” basis and without warranties of any kind. To the fullest extent permissible under applicable law, FastEat disclaims all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. FastEat does not represent or warrant that the site and features and functions contained on the site will be uninterrupted or error-free, that any defects will be corrected or that the site, or the server that makes the site available, are free of viruses or other harmful components. FastEat does not make any warranties or representations regarding the use of materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable law may not allow limitations or exclusions on warranties so the above limitations may not apply to you.

FastEat relies upon third-party food and beverage providers and manufacturers to provide accurate allergen and dietary information and general product safety. FastEat does not represent or warrant that the information accessible through the service is accurate, complete, reliable, current, or error-free, including, without limitation, nutritional and allergen information, photos, food quality or descriptions. All content is provided for informational purposes only. The reliance on any information provided through the service is solely at your own risk, including, without limitation, nutritional and allergen information.

General

These Terms, along with any rules, guidelines or policies published in the Site constitute the entire agreement between FastEat and you with respect to your use of the Site and the services and products offered through the Site. If there is any conflict between the Terms and other rules or instructions posted, the Terms shall control. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, terrorism, embargoes, Internet disruptions, cyber attacks, or communications failures. Subject to applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Site must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. These Terms shall be governed by, and construed in accordance with, the laws of the state of Alabama, without reference to its choice and conflict of law rules. You may not assign your rights or obligation under these Terms without the prior consent of FastEat. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that FastEat may have pursuant to any intellectual property laws or other laws. All rights and remedies available to FastEat, pursuant to these Terms or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by these Terms.