Wildspice

Terms & Conditions

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Terms Of Service

Access to, use of, placing of an order, linking to the www.wildspice.ie / www.wildspicegorey.com, use of software or downloading software ("access") is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the www.wildspice.ie (“Terms of use”).

Your Access to the www.wildspice.ie / www.wildspicegorey.com constitutes your agreement to be bound by the Terms of Use. We reserve the right to amend the Terms of Use at any time. Your continued use of the www.wildspice.ie / www.wildspicegorey.com will mean that you agree to the amended Terms of Use.

The Terms of Use of the www.wildspice.ie / www.wildspicegorey.com do not affect your statutory rights as a consumer. "You", "Your", “User” means the person using this www.wildspice.ie & http://www.wildspicegorey.com and subject to these Terms of Use

"http://www.wildspice.ie / www.wildspicegorey.com" means our mobile applications and/or websites and/or APIs. "Wild Spice", "We", "Us", or "Our" means Wild Spice Indian Restaurant which is the trading name for Wild Spice Indian Restaurant registered in Ireland under company number 460993 and having its registered offices at Lower Esmond Street, Gorey, and Co.Wexford

Wild Spice may update or revise this Agreement, including any Wild Spice Policies, from time to time. You agree that you will review this Agreement periodically and that your continued use of the the Wild Spice service demonstrates your acceptance of the updated terms

01.Our Purpose

We provide a way for you to communicate your orders ("Orders") for products ("Products") to delivery or takeaway restaurants ("Restaurants") displayed/linked on the www.wildspice.ie0 (this also includes the “website”).

The purpose of this Wild Spice online ordering system is to provide a simple, convenient and costeffective service to users, linking them to restaurants in their area that offer food for delivery or collection. Interactive menus allow customers to build and submit orders

02.Limitation of Liability

To the extent permitted by law, Wild Spice provides this Ordering Platform 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 Ordering Platform, or that it will be timely or error-free, that defects will be corrected, or that the Ordering Platform or server that makes it available are free of viruses or other harmful components.

Subject to the previous paragraph, neither Wild Spice nor Wild Spice 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 Ordering Platform..

03.Intellectual Property

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

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

Wild Spice is a trade mark of “Wild Spice Indian Restaurant”

04.Indemnity

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

05.Availability

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

06.Use of data

You must read and understand the Privacy Policy before continuing to use the Wild Spice Ordering System, Should you enter your credit card details, these details are stored securely with Stripe. Neither the Store nor Wild Spice have access to your credit card number, with the exception of the last 4 digits of your card number and expiry date which is used to identify cards and orders. Wild Spice does not share your ordering history. By using the Wild Spice Ordering System you agree to allow Wild Spice to use your data (Phone Number, Home Address and Email Address for marketing purpose.

07.Third Party Sites

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

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

08.Limitations of Use

This Wild Spice Ordering System is intended to be accessed by persons located in the Ireland and we make no representation that any information, materials or functions included in this Wild Spice Ordering System are appropriate for use in any other jurisdiction. By using this Wild Spice Ordering System, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the Wild Spice account or by contacting us at info@wildspice.ie . You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. To use our service you must be over 18 years of age. You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership. You may not use the Wild Spice Ordering system for any unlawful or unauthorised purpose, including without limitation:

  1. Transmitting material that constitutes a criminal offence results in civil liability or otherwise breaches any laws, regulations or codes of practice.
  2. Interfering with any other persons use or enjoyment of the Wild Spice ordering system.
  3. Damaging, disabling or impairing the operation of this Wild Spice ordering System or attempting to gain unauthorised access to this Wild Spice Ordering System or to networks connected to it, through hacking, spoofing or other such similar means.
  4. Distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material

You may not access the services, use the app or website if you are our direct competitor, or an agent of our direct competitor, except with our express prior written consent. In addition, you may not access our services or use the app or website for the purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

09.User Submissions

We do not solicit nor wish to receive any confidential, proprietary information, creative materials, ideas or suggestions from you other than those we specifically request. If you do send to us by email or otherwise, any communication or material, you represent and warrant that the information and material is original to you, and you will be deemed to have granted us a perpetual, world-wide, royalty-free license to use such communications or material in any way we see fit and we will be free to use any such material or information contained in communications you send for any purpose whatsoever.

10.Orders

When you place an order through our Application/Website, it needs to be accepted by Our Restaurant before it is confirmed. We will send you a notification if your order has been accepted (the "Confirmation Notice"). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account, and for related delivery charges, and for complying with these Terms, even if you have ordered the Item for someone else. Our Restaurants operate a minimum order value policy. This will be displayed on our Application/Website. All Items are subject to availability. Our Restaurants may use nuts or other allergens in the preparation of certain Items. Please contact our Restaurant prior to ordering if you have an allergy. Wild Spice cannot guarantee that any of the Items sold by our Restaurant are free of allergens

Please note that when we say your order has been ‘confirmed’ this means that we have acknowledgement of your order, and the restaurant still has the right to decline the order. Acceptance of your order will only occur when we send you an SMS confirming that the restaurant has received and accepted your order. If the restaurant is unable to fulfil your order you will either receive an email/SMS/phone call or other notification stating that your order has been declined. All food preparation and deliveries are the sole responsibility of the restaurant accepting the order. Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address, eircode and contact telephone number when ordering. It is your responsibility to keep your phone secure. You agree to be responsible for orders and charges made via your phone and/or via your account.

11.Delivery

When you place an order you will have the choice to place it as an ASAP Delivery or a Scheduled Delivery. For an ASAP Delivery, we will tell you an estimated delivery time for your Item before you place the order, but we will attempt delivery as soon as possible; you must therefore be available to accept delivery from the time you place the order. For a Scheduled Delivery, we will tell you the time when the Item is expected to be delivered; you must be available to accept delivery for ten minutes before and ten minutes after that time.

Unfortunately, despite our Restaurant’s best efforts, things do not always go to plan and factors such as traffic and weather conditions may prevent us from delivering your Item on time. If your order is more than 15 minutes late, and we haven’t notified you giving you the option to cancel your order, we will work with you to make things right unless you have caused the delay (e.g. because you gave us the wrong address or did not come to the door).

We will attempt delivery at the address you provide to us when you place your order. If you need to change the delivery location after you have placed your order, we may be able to change to the address to an alternative one that is registered with your account if you let us know before the rider has been dispatched, and the new address is within the same zone as the address you originally ordered your Item to. If we cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Item, and if the rider has been despatched you will also be charged for delivery.

You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):

You do not come to the door, did not pick up the phone when the rider contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, and the rider is unable to find a safe location to leave the food.

The rider refuses to deliver the Item to you in accordance with section 8 (Age Restricted Products).

12.Your Rights if something is wrong with Your Items

You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Items you have been delivered do not comply with these legal rights, please let us know. We may request a photograph or collecting by our staff member showing the problem if it is something that can be seen by inspecting the Items. We will provide a refund or account credit in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery.

Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and information from the Our Restaurant.

13.Cancellation

You may cancel an order without charge at any time before the Our Restaurant has started preparing the food (a "Started Order"). If you wish to cancel an order before it becomes a Started Order, please contact us immediately on our contact details given on the site. If the Our Restaurant confirms the order was not a Started Order, we will refund your payment (excluding any discount, or Voucher that was applied to the order - see Voucher and Account Credit Terms for more detail). If you cancel any order after it becomes a Started Order, you will be charged the full price for theItems, and if the rider has been despatched you will also be charged for delivery.

14.Communication

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. We reserve the right to contact you at any time via, and not limited to, SMS, push notifications, phone call, email and post for non-marketing purposes. This condition does not affect your statutory rights. We reserve the right to contact you at any time via, and not limited to, SMS, push notifications, phone call, email and post for marketing purposes provided you have consented to such contact. Consent to this may be withdrawn at any time by contacting us 0539480994 or info@wildspice.ie

15.Alcohol

Orders containing either alcohol cannot be accepted from persons under the age legal age of purchase in their resident country. You agree to not place orders for any items that are not legal for you to purchase

16.Prices, Payments and Offers

Prices include VAT. You confirm that you are using our Service for personal, non-commercial use. Wild Spice may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. Prices can also change at any time at the discretion of the Our Restaurants. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any orders in process and appearing within your basket, provided you complete the order within 2 hours of creating the basket. If you do not conclude the order before the 2 hour cut-off the items will be removed from your basket automatically and the price change will apply. If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid.

The total price of your order will be set out on the checkout page on our Application, including the prices of Items and Delivery and applicable Service Fees and taxes.

Payment for all Items and deliveries can be made on our Application by credit or debit card, or other payment method made available by Wild Spice. Once your order has been confirmed your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to Wild Spice. Payment may also be made by using vouchers or account credit. Use of these is subject to Wild Spice's Voucher and Account Credit Terms.

We are authorised by to accept payment and payment of the price of any Items or delivery charges to us will fulfil your obligation to pay the price to the Our Restaurant. In some cases, you can alternatively make your payment in cash directly to the Our Restaurant by paying the rider at the time of delivery. Where cash payment is possible, this will be made clear on our Application before you place your order.

Wild Spice sometimes makes special offers available through our Application/Website. These are visible when you look at Our Restaurant menu/website. These offers are at the discretion of the Our Restaurant. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the Confirmation Notice.

Once your order has been accepted, this represents an agreement between you the user and the Wild Spice. Cash payments are made directly to the restaurant fulfilling the order. If you have chosen to pay with credit or debit card or other electronic payment method on the Wild Spice Ordering System then the transaction is processed by “Stripe”

Please ask in store for terms relating to any discounts offered.

Delivery and/or card charges are calculated per order and based on our policy Prices are subject to change and all goods are subject to availability.

17.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.

18.Termination

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

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

Please note that we have the ability to trace your IP address, and if necessary, contact your ISP (or any other relevant service provider) in the event of a suspected breach of these Terms of Use.

Please note that we have the ability to trace your IP address, and if necessary, contact your ISP (or any other relevant service provider) in the event of a suspected breach of these Terms of Use.

19.Enforceability

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

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

20.Governing Law

The Terms of Use, Privacy Policy and any matter relating to this Wild Spice Ordering system shall be governed by Irish law and any dispute shall be resolved exclusively in the courts of Ireland.

21.Contact

All comments, questions and requests relating to your information are welcomed and should be addressed to info@wildspice.ie .