EATO TERMS OF SERVICE.

Welcome to Eato. This page tells you the terms which apply when you order any of our products from oureatonetworkwebsite or mobile applications and related services. Please read these Terms carefully before creating an Eato account or using our Application. If you have any questions relating to these Terms please contactsupport@eatonetwork.com.If you are a consumer, you have certain legal rights when you order Items using our website. You can find more information about these rights at:www.eatonetwork.com.Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them. By setting up your Eato account, you confirm that you accept these Terms.

EATO TERMS OF USE FOR WEBSITE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our websiteeatonetwork.com(our "Site") or any application we make available via an app store or otherwise (our "Service"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use our Site or our Service. By accessing our Site or by using our Service, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, do not use or access our Site or use our Service.

Eato Pick up Terms of Service

This section tells you the terms (the “Terms”) which apply when you order any menu items (the "Items") from our Eato website or mobile applications and related services to be collected by you.

Please read these Terms carefully before placing any Pick-up Orders on our Application. If you have any questions relating to these Terms please contact support before you place a Pick-up Order. If you are a consumer, you have certain legal rights when you order Items using our website. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them. By setting up your Eato account, you confirm that you accept these Terms.

1. YOUR ACCOUNT

   Before you can place Pick-up Orders using our website, you need to open a Eato account. If you have a Eato account for delivery orders, you will use the same account for Pick-up Orders. If you open an account for Pick-up Orders, you will also use that account for delivery orders. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.

   You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. 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 our staff, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or website following any issue with a Pick-up Order, by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).

2. SERVICE AVAILABILITY

   Eato has prescribed areas within which it can accept Pick-up Orders. We decide our operating hours. That means that the availability of our Service, and the range of Partner Restaurants from which you can order to pick-up, depends on the Partner Restaurants in your area. If you try to place a Pick-up Order with a Partner Restaurant when you are not in the prescribed area for Pick-up Orders, or you try to place a Pick-up Order outside the operating hours of a Partner Restaurant, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.

3. PICK-UP ORDERS

   When you place a Pick-up Order through our website, it needs to be accepted by us before it is confirmed. Your Pick-up Order may be rejected at any time. Our Partners may, for example, reject your Pick-up Order if they are too busy or the Items you have ordered are temporarily unavailable.

   We will send you a notification if your Pick-up 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 complying with these Terms, even if you have ordered the Item for someone else. Some Partner operate a minimum order value policy. This will be displayed on our website. All Items are subject to availability.

   Eato may use other allergens in the preparation of certain Items. Eato will be displaying dish by dish allergens information. Where that information is not available or if you have further questions, please contact the us prior to ordering if you have an allergy. Eato cannot guarantee that any of the Items sold by us are free of allergens.

4. PICK-UP

   When you place a Pick-up Order which is accepted by Eato, we will tell you the time when your Items are expected to be ready for pick-up (“Target Pick-up Time”). The Target Pick-up Time is not guaranteed. You will be required to collect your Items directly from us at the Pick-up Location. You must arrive at the location to collect your Items at or just before the Target Pick-up Time. We will hold your Items for you for 30 minutes after the Target Pick-up Time. If you fail to collect your Items within 30 minutes. After the Target Pick-up Time, we may dispose of your Items. You will still be charged for the Item in the event you fail to pick-up your Item from us.

   However, despite our best efforts things do not always go as planned and there may be times when your Items are not ready for pick-up at the Target Pick-up Time. If your order is not ready more than 15 minutes after the Target Pick-up Time, we will work with you to make things right unless you have caused the delay (e.g. because you changed your Pick-up Order after it was confirmed).

5. YOUR RIGHTS IF SOMETHING GOES 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 Pick-up Order. If you believe that the Items you picked up do not comply with these legal rights, please let us know. We may request a photograph 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, unless we have reasonable cause to believe that the problem was caused after pick-up.

   Prior to processing your refund or account credit, we may take into account relevant factors including the details of the Pick-up Order, your account history, what happened on or immediately after pick-up and information you provided us.

6. AGE RESTRICTED PRODUCTS

   Age restricted products (including, without limitation, alcohol) can only be sold to persons aged 18 or above. By placing a Pick-up Order for an age restricted product, you confirm that you are at least 18 years old or above. Eato operates an age verification policy whereby customers who order age restricted products will be asked to provide proof that they are aged 18 or above. Eato may refuse to sell any age restricted product to any person unless they can provide valid photo ID proving that they are aged 18 or above. Eato may also refuse to sell items containing alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. If the sale of any age restricted product is refused and confirmed, Eato will process a refund for the relevant Item to the card from which you paid for your Pick-up Order. If you paid for your Pick-up Order with cash, Eato will process the refund for you.

   Eato may notify you that a Pick-up Order has been cancelled at any time. You will not be charged for any Pick-up Orders cancelled by us and we will reimburse you for any payment already made using the same method you used to pay for your Pick-up Order. We may also apply credit to your account to reflect the inconvenience caused.

7. CANCELLATION

   You may cancel a Pick-up Order without charge at any time before Eato has started preparing your order. If you wish to cancel a Pick-up Order before it becomes a Started Order, please contact us immediately via our website. If the Pick-up Order to not be a Started Order, we will refund your payment (excluding any discount, or Voucher that was applied to the Pick-up Order - see Voucher and Account Credit Terms for more detail). If you cancel any Pick-up Order after it becomes a Started Order, you will be charged the full price for the Items.

   Eato may notify you that a Pick-up Order has been cancelled at any time. You will not be charged for any Pick-up Orders cancelled by us and we will reimburse you for any payment already made using the same method you used to pay for your Pick-up Order. We may also apply credit to your account to reflect the inconvenience caused.

8. PRICES, PAYMENT AND OFFERS

   Prices may include VAT, as applicable. You confirm that you are using our Service for personal, non-commercial use. Eato may operate dynamic pricing some of the time, which means that prices of Items may change while you are browsing. Prices can also change at any time at the discretion of suppliers. 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 Pick-up Orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any Pick-up Orders in process and appearing within your basket, provided you complete and place the Pick-up Order within 2 hours of creating the basket. If you do not conclude the Pick-up Order before the 2 hour cut-off, the items will be removed from your basket automatically and the price change will apply if you re-add the relevant items to your basket. 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 Pick-up Order at the original price or cancelling the Pick-up Order without charge and with a full refund of any money already paid.

   The total price of your Pick-up Order will be set out on the checkout page on our website, including the prices of Items and applicable Service Fees and taxes.

   Payment for all Items can be made on our website by credit or debit card, or such other payment method made available by Eato. Once your Pick-up Order has been confirmed, your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to Eato acting only. Payment may also be made by using vouchers or account credit. Use of these is subject to Eato's Voucher and Account Credit Terms.

   In some cases, you can alternatively make your payment in cash directly to us by paying the rider at the time of pick-up. Where cash payment is possible, this will be made clear on our website before you place your order. Otherwise, all payments for Pick-up Orders must be made on our website by credit or debit card, or such other payment method made available by Eato.

   Unless you are permitted to make your payment in cash directly to a Partner (in which case you will pay for your Pick-up Order at the time of pick-up), you are not required to make any further payments when you pick-up your Pick-up Order from the relevant Partner. In the unlikely event that a Partner requests additional payments from you on pick-up, do not make any such payment and contact us immediately through the Application. We have no liability for any payments you make to a Partner when collecting your Pick-up Order.

   Partners sometimes make special offers available through our Application. These are visible when you look at a Partner menu. These offers are at the discretion of our Partners. 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.

9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE THAT YOU SUFFER

   We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaking of these Terms or of failing to use reasonable care and skill in relation to your use of our Service. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage arising from our breach of these Terms before you place an order.

   We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by our failure, or our employees’, agents’ or subcontractors’ failure, to use reasonable care and skill; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Items, as summarised at part 7 above; or for defective Items under the Consumer Protection Act. Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in our website.

10. DATA PROTECTION

    We process your personal data in accordance with our Privacy Policy which can be found here.

11. OTHER TERMS

    If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waive their right to enforce it in any instance. If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will not be affected and will remain in force.

    We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will notify you. Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice. These Terms are governed by glish law and you can bring legal proceedings in relation to our Service in the English. We are required by EU law to provide this link to the EU’s online dispute resolution portal, however we do not participate in dispute resolution under this process.

EATO VOUCHER AND ACCOUNT CREDIT TERMS

1. INTRODUCTION

   Eato makes available from time to time: (i) Vouchers (which are promotional credits that may be offered by us on our website) and (ii) Account Credit (which is credit that may be applied to a customer’s account at Eato’s discretion). Vouchers and Account Credits both operate as credits applying to a customer’s Eato account, redeemable (subject to conditions, as set out below) against the cost of Items. Vouchers and Account Credits are referred to collectively in these terms (the Credit Terms) as Credits.

   These Credit Terms apply to your use of any Credits to pay for Items using Eato Service. These Credit Terms apply together with the Eato Terms and Conditions of Service, which continue to apply unless they conflict with these Credit Terms, in which case these Credit Terms have priority. Capitalised words used in these Credit Terms have the same meanings as in our Terms of Service unless they are defined in these Credit Terms.

   You can “apply” a voucher to your account by (i) entering the Voucher code (if any) at the point you place an order, or (ii) by adding any reward that we make available to you in the “Your offers and rewards” section of your account page. Unless otherwise stated, a voucher that has been applied to your account will remain there until it is “redeemed” against an eligible order, or expires (whichever is sooner). Account Credits are Credits that we apply to your account ourselves. In either case, once any Credit has been applied to your account, the amount of the Credit remains on your account until redeemed as payment for Items, unless it is lost, or, in the case of Vouchers, it expires in accordance with the terms of that Voucher. The reasons why Credits may be lost or Vouchers may expire are set out in these Credit Terms.

2. TERMS THAT APPLY TO VOUCHERS ONLY

   Vouchers offered in a particular country and currency may be subject to geographical restrictions that mean they cannot be used in a different country or currency. Vouchers are usually offered subject to conditions, such as time limits, geographic limits, limits to particular categories of customer (e.g. new customers), or use only at a particular for a particular menu item. If conditions apply they will be stated when we offer the Voucher.

   Some Vouchers are only available to new Eato customers ("New Customer Vouchers"). That means that the Voucher is applied (subject to any other applicable conditions) automatically when the Customer registers a new Eato account and will be redeemed when the Customer places their first eligible order. EATO reserves the right to refuse to apply and/or allow you to redeem a new customer Voucher if you are registering a new account using credit card details, a delivery name, a phone number, an email address and/or an address already on our system.

   Use of a Voucher in payment or part-payment may also be subject to specific conditions applicable to that Voucher only, such as a specific minimum order value or on specific Items. If the order placed does not comply with the applicable conditions, the Credit may not be redeemed against that order. The payment page on our Site where you confirm your order for Items will show the total order value and the applicable Voucher, if any. If there is a Voucher credit on your account which does not apply to your order, it will not appear on the payment page. At that point you will have the choice of paying in another way or cancelling the order.

   Unless we tell you otherwise, all Vouchers must be redeemed within one calendar month of the date they are applied.

   Only one Voucher can be redeemed per order. Each Voucher can only be used once per customer. If you have more than one eligible Voucher applied to your account when you place an order, the Vouchers are redeemed in order of expiry date, with the Voucher expiring the earliest redeemed first.

   Vouchers cannot be redeemed in conjunction with any other Eato offer.

   If you cancel an order made using a Voucher, the Voucher credit will not be restored to the account and the Voucher cannot be re-used. If the Voucher was a New Customer Voucher, you will no longer be a new customer and will not be eligible for any subsequent new customer Vouchers.

3. TERMS THAT APPLY TO VOUCHERS AND ACCOUNT CREDIT

   Item orders are generally subject to minimum order values, which continue to apply regardless of whether payment or part-payment is by way of a Credit.

   Credits cannot be exchanged for cash or any other alternatives and have no monetary value.

   Any attempt to manipulate our Site and our offers of Credits by use of bulk entry via third parties or syndicates, macros, ‘script’, ‘brute force’, masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter), will render the order and the relevant Credit invalid. Eato is entitled to take all reasonable steps to protect itself against fraudulent or invalid Credit redemptions, including requiring additional reasonable verification close the accounts of any customers it reasonably believes have carried out any such acts.

EATO GIFT CARD TERMS AND CONDITIONS