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Terms and condition



Yummi Eat- Terms and Conditions

Last Updated 27 December 2023

Yummi Eat WEBSITE TERMS AND CONDITIONS

IMPORTANT LEGAL NOTICE

This page sets out the terms and conditions ("Website Terms") on which we, Tunakula.com ("we", "our" or "Yummi Eat "), provide access to our website https://yummieat.com/ and any Yummi Eat mobile application through which you order products (together, "the Website"). Please read these Website Terms carefully before ordering any products through the Website. By ordering products through the Website (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.

We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.

Use of your personal information submitted via the Website is governed by our Privacy Notice 

For the avoidance of doubt, please note that references to "Website" in these Website Terms include any current or future version of our website www.yummieat.com/  , and any Yummi Eat mobile application through which you access and use our Website, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing and using our Website that may be developed from time to time).

By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any products through the Website.

I. TERMS AND CONDITIONS OF USE AND SALE

1. INTRODUCTION AND OUR ROLE

1.1. Company details: Yummi Eat  is a company registered in England and Wales with registered company number 105463, whose registered office is at Fairford Road, Birmingham, B44 8DJ

1.2. VAT number: Our VAT number is GB 946 63212 91.

1.3. Product Orders: We provide a way for you to communicate your orders (“Order” or "Orders") for products (“Product” or "Products") to restaurants, stores, and other businesses in the UK (“Business” or "Businesses") displayed on the Website. The legal contract for the supply and purchase of Products is between you and the Business that you place your Order with, and we will conclude the sale of Products on behalf of, and as agent for, the Businesses in all cases. 

1.4 Delivery Services: Where a Business on our Website provides their delivery service to bring the Product(s) you order to you; the Business may charge you a delivery fee (which we will collect on behalf of the Business). In some cases, we provide the delivery services, and in those cases, we may charge you the delivery fee ourselves (in respect of that delivery fee, as principal, rather than as agent for the Business). 

2. WEBSITE ACCESS AND TERMS

2.1. Website access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.

2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.

2.3. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.

2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. Ensured that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.

2.5 Information you provide: You confirm that all information provided by you to us (including to our Customer Care team) is true and accurate in all respects and at all times.

3. YOUR STATUS

3.1. Capacity and age: By placing an Order through the Website, you warrant that:

  • 3.1.1. You are legally capable of entering into binding contracts with the Business; and
  • 3.1.2. You are at least 18 years old.

3.2. You acknowledge and agree that if you have a specific allergy or intolerance, you will contact the Business directly to check that the Product is suitable for you, before placing your order directly with them.

3.3. Alcohol, tobacco products, and other items with a legal age restriction (“Age Restricted Items”):

  • 3.3.1. You acknowledge and agree that: it is an offence for any person under the minimum legal age to buy, or attempt to buy certain Age Restricted Items in the UK, or for any person to buy, or attempt to buy certain Age Restricted Items in the UK on behalf of any person who is under the minimum legal age.
  • 3.3.2. If your order includes any Age Restricted Items, you will be asked to provide proof of your age on collection or delivery of your Order. If you cannot provide proof that you meet the relevant minimum legal age requirement or there’s reason to believe that the Age Restricted Items you ordered were bought on behalf of someone under the minimum legal age, you may be refused collection or delivery of your Order, including such Age Restricted Items.
  • 3.3.3 You may also be refused collection or delivery of Age Restricted Items if you are, or appear to be, drunk, intoxicated, or otherwise under the influence. 

4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED

4.1. Compiling your Order: Once you have selected the Products you wish to order from your chosen business and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order" or similar buttons. You must check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a contract with the Business and errors cannot be corrected (subject to paragraph 4.2. below). Where you have not logged in or created an account previously, then you may have the option to continue with your Order as a guest. By electing to complete your order as a guest, you are agreeing that Tunakula will create a temporary Tunakula guest account for you which will, unless otherwise stated in these Website Terms, be accessible only (a) from the device which you use to place the Order; and (b) for a period of up to twelve months following the date of the Order.  Your access to your temporary guest account will expire on the “Expiry Date” which shall be the earlier of (i) the date falling six months after the date on which you last accessed the temporary guest account; (ii) the date falling twelve months after the date on which the temporary guest account was created; and (iii) the date on which you logout of your temporary guest account, or clear the cache on the device which you used when the temporary guest account was created.

4.2. Amending or canceling your Order: Once you have submitted your Order and your payment has been authorized, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraphs 4.4 and 5.6 for details of the process relating to rejected Orders and refunding of payment). If you wish to change or cancel your Order, you may contact the Business if their contact details are available. Or you may contact our Customer Care team as described in paragraph 6.3 and they will attempt to contact the Business to communicate your requests. However, there is no guarantee that we will be able to reach the Business or that the Business will agree to your requests as they may have already started processing your Order.

4.3. Payment authorization: Where any payment you make is not authorized, your Order will not be processed or communicated to the relevant business.

4.4. Processing your Order and Business rejections: On receipt of your Order, we will send it to the relevant business and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation email that you may receive each confirm that you have a contract for the sale of Products with a Business but this does not necessarily mean that your Order will be fulfilled by the Business. We encourage all our Businesses to accept all Orders and to communicate any rejection promptly, and we will notify you (by email) as soon as reasonably practicable if a Business rejects your Order. However, Businesses can reject Orders at any time because they are too busy, due to weather conditions, or for any other reason. In doing so, Businesses will be in breach of their agreement with you and any payment made in respect of the order will be returned to you by paragraph 5.6 below.

4.5. Delivery of your Order: Estimated times for deliveries and collections are provided by the Businesses and are only estimates. Neither we nor the Businesses guarantee that Orders will be delivered or will be available for collection within the estimated times. By selecting to have your order delivered, you are confirming that You will be present at the delivery address you indicated to receive the Order. If you are not present at the delivery address when the Order is delivered, and the Order is being delivered by us (rather than the Business itself) we will make reasonable efforts to contact you to determine where to leave the Order. If we are unable to contact you, we may leave the Order at a reasonable location outside, close to the delivery address. We will not be responsible for the Order (including the quality or safety of the contents of the Order when you find it) after delivering the Order. Please note that when the Business is delivering the Order itself, rather than using our delivery services, the Business will decide whether to leave the Order outside the delivery address if you are not present.

4.6. Commercial agency: For the avoidance of doubt, any orders processed by TUNAKULA through the Website are processed by TUNAKULA in its capacity as agent of the relevant business.

5. PRICE AND PAYMENT

5.1. VAT and additional costs: Prices will be as quoted on the Website. These prices include VAT but may exclude delivery costs (if you opt for delivery instead of collection) and any administration or service charge. These will be added to the total amount due where applicable. Where the Business that you place your Order with provides its delivery service, the Business may charge you a delivery fee and/or a service charge (which we will collect on behalf of the Business, as the Business’s agent). Where the Business that you place your Order with receives delivery services provided by us, we may charge you a delivery fee and/or service charge ourselves (in respect of that delivery fee and/or service charge only, as principal, rather than as commercial agent for the Business). The delivery fee and service charge applying to your Order may vary depending on several factors, including your location, the Business you select, and the value of the items in your Order, but these costs will always be shown to you before you complete and pay for your Order.

5.2. Incorrect pricing: This Website contains many items, and some of the items may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you before the relevant Order is dispatched. In such an event, neither we nor the relevant business is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.

5.3. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website or in cash to the Business at the point of delivery to, or collection by, you.

5.4. Card payments: If you pay by credit or with a debit card, you may be required to show the card to the Business at the time of delivery or collection as proof of identification so that they can check that the card corresponds with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.

5.5. Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognized by the Website and endorsed by Yummi Eat, and you pay for any balance by credit or debit card. Please refer to our Voucher Terms & Conditions for the full terms and conditions applicable to the use of credit and discount vouchers. Please note that because of standard banking procedures, your bank or card issuer will initially "ring-fence" the full amount of the Order (before any credit or discount) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your Order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance. You acknowledge and agree that neither we nor the relevant business will be responsible or liable to you for this delay by your bank or card issuer in the release of funds back into your account. Where you use the Website as a guest, any account credit that you accrue against your temporary guest account can only be redeemed for an Order placed via your temporary guest account and cannot be transferred for use on another account.

5.6. Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorized, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by the Business (as described in paragraph 4.4 above) or canceled for any other reason, your bank or card issuer will not transfer the funds for the Order to us and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant business will be responsible or liable to you for this delay by your bank or card issuer in the release of funds back into your account.

6. CUSTOMER CARE

6.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by clicking or selecting "Need help?", "Help" or a similar button or by calling the telephone number shown on the Website.

6.2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you can contact our Customer Care Team as described above and one of our Customer Care Advisers will attempt to contact the Business to follow up on your query.

6.3. Changing or canceling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorized, you may contact the Business using the contact details available on the Website. Alternatively, you may contact our Customer Care team as described above and they will attempt to contact the Business to communicate your requests. However, there is no guarantee that we will be able to reach the Business or that the Business will agree to your requests as they may have already started processing your Order.

6.4. Complaints or feedback: If you are dissatisfied with the quality of any Products or services provided by a Business, please consider providing feedback in the form of ratings, comments, and reviews on the Website (together, "Reviews") to reflect your experience. Reviews are an important part of our quality control process. You ensured that all Reviews you provide are accurate and based on your own, genuine experience.

6.5. Compensation: The legal contract for the supply and purchase of Products is between you and the Business that you place your Order with. We have no control over Businesses and the quality of the Products or services that they provide, and Tunakula has no responsibility or liability for providing any compensation to you. 

If you are dissatisfied with the quality of any Products or the service provided by a Business and wish to seek a refund, a proportionate price reduction, or any other compensation, please let us know within 24 hours of placing your Order. Depending on the reported issue, you may be able to send your request for compensation via our website, or we may ask you to contact the Business directly to file your request and, where appropriate, you will need to follow the Business's complaint procedures.

6.6. Processing refund requests: Where we are processing refund requests, please be aware that we may ask you to provide reasonable evidence (such as photographs) demonstrating a reported issue with your Order. In addition, before processing any refund request, we may take other relevant factors into account, such as the details of your Order and its delivery, your account data and ordering history, transaction data, and information received from the Business.

6.7. Statutory Rights: The foregoing clauses in this CUSTOMER CARE section do not affect your legal and statutory rights when ordering Products or services via our Website.

7. LICENCE

7.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your personal non-commercial use on the following basis:

  • 7.1.1. You must not misuse the Website (including by hacking or \"scraping\").
  • 7.1.2. Unless otherwise stated, the copyright and other intellectual property rights on the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For these Website Terms, any use of extracts from the Website other than following paragraph 7.1 is prohibited.
  • 7.1.3. You must not modify the digital or paper copies of any materials that you print off by paragraph 7.1 and you must not use any pictures, photographs, or any other graphics, video, or audio sequences separately from any accompanying text.
  • 7.1.4. You must ensure that our status as the author of the material on the Website is always acknowledged.
  • 7.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a license from us to do so.

7.2. Limitation on use: Except as stated in paragraph 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.

7.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.

8. WEBSITE ACCESS

8.1. Website availability: While we try to ensure the Website is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.

8.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.

8.3. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

9. VISITOR MATERIAL AND REVIEWS

9.1. General:

  • 9.1.1. Other than personally identifiable information, which is covered under our Privacy Notice, any material you post, upload transmit, or upload to the Website (including without limitation Reviews) Visitor Material will be considered non-confidential and non-proprietary. By posting, uploading, or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all the rights to such Visitor Material. You agree that we will have no obligations concerning any Visitor Material and that we and anyone we designate will be free to copy, disclose, distribute, incorporate, and otherwise use any Visitor Material and all data, images, sounds, text, and other things embodied in it for any commercial or non-commercial purposes.
  • 9.1.2. You represent and warrant that any Visitor Material you post, upload, or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.

9.2. Visitor Material Policy: You are prohibited from posting, uploading, or transmitting to or from the Website any Visitor Material (including any Reviews) that:

  • 9.2.1. breaches any applicable local, national, or international law.
  • 9.2.2. is unlawful or fraudulent.
  • 9.2.3. amounts to unauthorized advertising; or
  • 9.2.4. contains viruses or any other harmful programs.

9.3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:

  • 9.3.1. contain any defamatory, obscene, or offensive material.
  • 9.3.2. promote violence or discrimination.
  • 9.3.3. infringe the intellectual property rights of another person.
  • 9.3.4. breach any legal duty owed to a third party (such as a duty of confidence).
  • 9.3.5. promote illegal activity or invade another\'s privacy.
  • 9.3.6. give the impression that they originate from us; or
  • 9.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.

9.4. Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded, or transmitted to the Website that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.

9.5. Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice, or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions, or falsehoods that you may encounter in any such materials.

9.6. Images: Any images of food or other items displayed on the Website are provided as a design feature of the Website only and may not be either (a) an image of an item prepared or produced by the Business from which you choose to order; or (b) representative of the Product you receive from a Business.

9.7. Liability: You agree to indemnify us against any losses, damages, and claims (and all related costs) incurred by or made against us by a Business or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions outlined in this paragraph 9.

9.8. Disclosure to authorities and courts: You acknowledge that we will fully cooperate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability about such disclosure.

10. LINKS TO AND FROM OTHER WEBSITES

10.1. Third-party websites: Links to third-party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results of using such websites or content. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.

10.2. Linking permission: You may link to the Website's homepage (www.tunakula.com), provided that:

  • 10.2.1. you do so fairly and legally that does not damage or take advantage of our reputation.
  • 10.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists.
  • 10.2.3. any website from which you link must comply with the content standards set out in these Website Terms (paragraph 9 (Visitor Materials and Reviews)).
  • 10.2.4. we have the right to withdraw linking permission at any time and for any reason.

11. DISCLAIMERS

11.1. Website information: While we try to ensure that the information on the Website is correct, we do not promise it is accurate or complete. We may update the material on the Website, or to the functionality, Products, and prices described on it, at any time without notice. The material on the Website may be out of date, and we do not commit to updating that material.

11.2. Allergy, dietary, and other Product information: When a Business signs up with us, they must provide us with up-to-date Product information. We then include this on their dedicated page on the Website. Where this information includes allergy or other dietary information, we will do our best to republish this information on the website or app exactly as it has been provided to us by the Business. If you, or someone you are ordering for has, a concern about allergies, intolerances, or dietary preferences, you should always contact the Business directly before placing your order. Please do not use the "Leave a note for the Business" box for your allergies or intolerances, please contact the Business directly.

11.3. Business actions and omissions:  The legal contract for the supply and purchase of Products is between you and the Business that you place your Order. We have no control over the actions or omissions of any Businesses. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:

  • 11.3.1. We do not give any undertaking that the Products ordered from any Business through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
  • 11.3.2. Estimated times for deliveries and collections are provided by the Businesses and are only estimates. Neither we nor the Businesses guarantee that Orders will be delivered or will be available for collection within the estimated times.
  • 11.3.3. We encourage all our Businesses to accept all Orders and to communicate any rejection promptly, and we will notify you (by email) as soon as reasonably practicable if a Business rejects your Order. However, we do not guarantee that Businesses will accept and fulfill all Orders, and Businesses have the discretion to reject Orders at any time because they are too busy if you fail to provide proof of age for purchases of Age Restricted Items when required, due to weather conditions or for any other reason. Businesses will not be obliged to deliver an Order to an address outside of their set delivery radius, which may change from time to time.
  • 11.3.4. The foregoing disclaimers do not affect your statutory rights against any Business.

11.4. Exclusion of terms: We provide you with access to and use of the Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms about the Website and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise ).

12. LIABILITY

12.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.

12.2. Exclusion of liability: Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:

  • 12.2.1. any loss of profits, sales, business, or revenue.
  • 12.2.2. loss or corruption of data, information, or software.
  • 12.2.3. loss of business opportunity.
  • 12.2.4. loss of anticipated savings.
  • 12.2.5. loss of goodwill; or
  • 12.2.6. any indirect or consequential loss.

12.3. Limitation of liability: Subject to clauses 11, 12.1, and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £100, whichever is lower.

12.4. 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.

13. TERMINATION

13.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that:

  • 13.1.1. you have used the Website in breach of paragraph 7.1 (License).
  • 13.1.2. you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews).
  • 13.1.3. you have breached paragraph 10.2 (Links to and from other websites).
  • 13.1.4. you have breached any other material terms of these Website Terms.
  • 13.1.5. there is misuse, unauthorized, fraudulent, or otherwise suspicious activity taking place on your account; or 
  • 13.1.6. you have significantly or repeatedly breached paragraph 2.5 (Information).

13.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.

14. WRITTEN COMMUNICATIONS

14.1. 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 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. This condition does not affect your statutory rights.

15. EVENTS OUTSIDE OUR CONTROL

15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").

15.2. A Force Majeure Event includes any act, event, non-occurrence, omission, or accident beyond our reasonable control and includes (without limitation) the following:

  • 15.2.1. strikes, lockouts, or other industrial action.
  • 15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (whether declared or not), or threat or preparation for war.
  • 15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster.
  • 15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
  • 15.2.5. impossibility of the use of public or private telecommunications networks; and
  • 15.2.6. the acts, decrees, legislation, regulations, or restrictions of any government.

15.3. Our performance under these Website Terms is deemed to be suspended for the period that any 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 endeavors to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.

16. ADDITIONAL TERMS

16.1. Privacy Notice: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed by our Privacy Notice. You should review our Privacy Notice.

16.2. Other terms: You should also review our Cookies Policy for information regarding how and why we use cookies to improve the quality of the Website and your use of it, our Terms and Conditions for information regarding the use of credits and promotional discounts on the Website, and our  Terms and Conditions for information regarding the terms applicable to competitions that we may run from time to time. All of these are incorporated into these Website Terms by this reference.

16.3. Severability: If any of these Website Terms 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.

16.4. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding, or agreement between us relating to the subject matter of any contract.

16.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.

16.6. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter a joint venture with purchase or are sold to.

16.7. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.

17. GOVERNING LAW AND JURISDICTION

17.1. These Website Terms shall be governed by and construed by English law. You can bring legal proceedings in respect of Website Terms in the English courts. If you live in a part of the United Kingdom other than England or any other Member State of the European Union, you can bring legal proceedings in respect of these Website Terms in either the English courts or the courts of your home country. 

17.2 As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Website Terms, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.

II. TUNAKULAVOUCHER TERMS & CONDITIONS

General

1. The following general terms and conditions (the "General Voucher Terms") will apply to all vouchers issued by Yummi Eat from time to time for use on the Website, including vouchers with a credit value ("coupon") and promotional discount vouchers ("Discount Vouchers", and together with Coupon, ("Vouchers").

2. Individual Vouchers will be subject to, and the General Coupon Terms will be supplemented and/or modified by, additional terms and conditions (the "Specific Voucher Terms") that will be specified on the Voucher or at the time the Voucher is issued.

3. Vouchers may only be redeemed towards online Orders from Businesses made through the Website. You may only use vouchers in connection with a cash Order where the Business you are ordering from accepts cash Orders.

Specific Terms of Use for Coupons

4. Unless otherwise stated by Yummi Eat, Discount Vouchers with a fixed value (e.g. £5 off) may only be used where the total value of your order is at least £10. There is no such minimum spend requirement concerning Coupons or Discount Vouchers that provide a percentage discount.

5. The coupon must be applied to a registered TUNAKULA online customer account or temporary guest account via www.yummieat.com   by no later than the deadline specified on the Coupon Voucher and/or at the time the Coupon Voucher is issued by entering the relevant voucher code ("Coupon Voucher Code") and will expire if not applied by this date. If the Coupon Voucher is applied before the expiry date, the customer account or temporary guest account will be credited the relevant amount. Unless otherwise provided or specified in the Specific Voucher Terms, any credit must be used within six (6) months of the date on which the Coupon Voucher is issued. Where a Coupon Voucher is credited against a temporary guest account, such credit must be used by the Expiry Date (as defined in the Website Terms). Any credit which remains unused by the Expiry Date will no longer be available for you to use.

6. If the order value is less than the Coupon Voucher value that has been credited to the customer account or temporary guest account, no change or cash will be given. However, any balance will be left as a credit in the customer account or temporary guest account and may be redeemed against subsequent orders.

7. If the order value is more than the Coupon Voucher value that has been credited to the customer account or temporary guest account, the remaining balance must be paid online using a debit or credit card or cash.

8. Coupon and Coupon Voucher Codes are only valid for one use. Once the Coupon Voucher Code has been used (whether in an authorized or unauthorized manner), the Coupon Voucher Code will be void. Coupon Voucher recipients are responsible for ensuring that someone does not use their Coupon Voucher Codes else.

Specific Terms of Use for Discount Vouchers

9. Discount Vouchers must be used by the deadline specified on the Discount Voucher and/or at the time the Discount Voucher is issued by entering the relevant voucher code ("Discount Voucher Code") and will expire after such date.

10. In the event of 2,000 redemptions made per Discount Voucher Code, the Discount Voucher Code will automatically expire regardless of the expiry date.

General Terms of Use for All Vouchers

11. The right to use a Voucher is personal to the original recipient and may not be transferred. No Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission. Vouchers distributed or circulated without our written approval, for example on an Internet message board or a "bargains" website, are not valid for use and may be refused or canceled.

12. Unless otherwise provided or specified in the Specific Voucher Terms:

12.1 Vouchers may not be used in conjunction with other Vouchers, or any other discounts or promotions provided or advertised from time to time.

12.2 Each voucher will be valid for use by a recipient only once.

12.3 each customer or household is limited to one Voucher per promotion or offer, and 12.4 The right to use a Voucher is personal to the original recipient and may not be transferred.

13. When you use a Voucher you warrant to us that you are the duly authorized recipient of the Voucher and that you are using it by these terms, lawfully, legally, and in good faith. If we believe in our sole discretion that a Voucher is being used in breach of these terms, unlawfully, illegally, or in bad faith, we may reject or cancel the Voucher.

Miscellaneous

14. Please note that because of standard banking procedures, your bank or card issuer will initially "ring-fence" the full amount of an Order (before any Voucher credit or discount is applied) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance.

15. Vouchers may not be exchanged for cash.

16. We shall not be liable to any customer or household for any loss or claim arising out of the refusal, rejection, cancellation, or withdrawal of any Voucher or any failure or inability of a customer or household to use a Voucher for any reason.

17. We reserve the right, at any time and in our sole discretion, to add to or amend these terms and conditions about the use of Vouchers or to vary or terminate the operation of a Voucher at any time without notice.

18. All standard terms and conditions from time to time for use of the Website and the Service apply.

III. TUNAKULA COMPETITIONS TERMS & CONDITIONS

1. The following general terms and conditions (the "General Competition Terms") will apply to all competitions run by TUNAKULA.

2. Individual competitions will also be subject to, and the General Competition Terms will be supplemented and/or modified by, additional terms and conditions (the "Specific Competition Terms") that will be specified in connection with each competition.

3. Competitions are open to individual residents of the UK aged eighteen or over, except employees of Yummi Eat , their associated, affiliated, or subsidiary companies, and their families, agents, or anyone connected with the competition.

4. Winners will be responsible for ensuring they can accept the relevant prize, as set out and by these General Competition Terms and any applicable Specific Competition Terms.

5. We reserve the right to redraw a competition winner if the relevant prize is not accepted or claimed within the time stated in the applicable Specific Competition Terms.

6. Completing and submitting a competition entry form will be deemed acceptance of the General Competition Terms and any applicable Specific Competition Terms.

7. The General Competition Terms and any applicable Specific Competition Terms shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English courts.

8. Any personal data that is collected as part of any competition will be processed by applicable UK data protection legislation. For further information on our Privacy Notice please go to: https://yummieat.com/privacy-policy  

9. We reserve the right to withdraw from any competition at any time without prior written notice and/or to alter or amend the General Competition Terms or the Specific Competition Terms for any competition at any time.

10. Our decision is final and binding in all matters relating to any competition and no correspondence will be entered into.

11. All standard terms and conditions from time to time for use of the Website and Service apply

IV. Promo Code Terms and Conditions

These Promo Code Terms and Conditions apply to the relationship between Tunakula, and you where you take part in a Promo Code Programme.

Definitions

Defined terms have the same meaning as in the Website Terms and Conditions.

Website Terms and Conditions: the most recent version of the general terms and conditions for consumers of Yummi Eat.

Participating Business: a Business that participates in the Promo Code Programme and awards Codes to customers.

Stamp: Business-specific Stamp that is awarded for every online paid Order placed by a logged-in Yummi Eat Customer (guest checkout users excluded) with a Participating Business.

Promo Code: Business-specific overview of collected Codes by a customer, received by email, which is complete after having collected five Codes.

Promo Code Programme: award program that allows you to collect Codes from Participating Businesses on a Promo Code which is complete after having collected five Codes from the same Participating Business and then results in a Promo Code Discount, which is redeemable with an Order with that Participating Business.

Promo Code Discount: Business-specific discount derived from a full Promo Code, with a value of 10% of the total food and/or drink value of the five Orders for which the Codes were collected.

Promo Code Terms and Conditions: these terms and conditions in respect to the Promo Code Programme of Tunakula, as amended from time to time.

Applicability

  1. A Promo Code Discount is automatically applied to the basket for an Order placed by you with a Participating Business if the Order value is equal to or greater than the Promo Code Discount value.
  2. By placing an Order with a Participating Business, you agree that these Promo Code Terms and Conditions will apply to the relationship between you and Tunakula and will also apply to the relationship between you and one or more Participating Businesses, which will be established because of placing an Order with a Participating Business.
  3. A Business decides at its sole discretion whether to participate in the Promo Code Programme and not all Businesses on the Website are participating.
  4. The Website Terms and Conditions continue to apply to the relationship between you and Yummi Eat  unless they explicitly differ from these Promo Code Terms and Conditions. In that situation, these terms will prevail.

Codes and Promo Code Discounts

  1. Codes and Promo Code Discounts have no monetary or cash value and cannot be converted into cash.
  2. Codes are awarded to you exclusively by a Participating Business.
  3. Tunakula is the sole technical provider of the Promo Code Programme, publishing the Promo Code Programme on its Website.
  4. You will automatically receive 1 Stamp for every online paid Order you place with a Participating Business (guest checkout users are excluded).
  5. After placing an Order with a Participating Business, you will automatically receive an email within 48 hours, showing an up-to-date overview of Promo Codes. You will also be able to view your current Codes in your account.
  6. A Promo Code is complete after five Codes are collected from the same Participating Business.
  7. Codes expire 12 months from the date that the Codes have been awarded to you.
  8. Codes are not transferable between Participating Businesses, customers, email addresses, Promo Codes, or otherwise.
  9. You are required to report any inaccuracies in collected Codes to Tunakula’s customer service within one month of discovering such inaccuracies.
  10. Tunakula has the right:
    a. to correct any unjustly or incorrectly awarded Codes; or
    b. to correct Codes that were awarded while the Order and/ or payment thereof was canceled; and
    c. to annul any Promo Code Discounts that are redeemed with such Codes.

Promo Code Discounts

  1. A Promo Code Discount:
    a. can only be redeemed with an Order with the Participating Business from which the Codes were received;
    b. can only be redeemed in combination with an online payment;
    c. can be redeemed with other offers or vouchers provided that a voucher is not greater than the payment total following the application of the Promo Code Discount;
    d. can only be redeemed for Orders that have a value that is equal to or greater than the Promo Code Discount;
    e. may be carried over to your next Order until your Promo Code Discount is capable of being redeemed as per clause 15(d).
  2. The value of a Promo Code Discount equals 10% of the total order value that you paid (excluding any other offers or vouchers applied to the Order) for the five Orders for which the Codes were collected.
  3. The Promo Code Discount must be redeemed with a single Order.
  4. The Promo Code Discount is issued within 24 hours of every 5th Order.
  5. The Promo Code Discount is redeemable for up to 90 days after the Promo Code Discount is issued.
  6. After the expiration of the Promo Code Discount, the Codes that were used to complete that Promo Code Discount will not be returned to you.

Duration, modification, and termination of the Promo Code Programme

  1. Tunakula can alter these Promo Code Terms and Conditions and any aspect of the Promo Code Programme, including redemption procedures and rewards in any respect, all without prior notice. For example, this includes, but is not limited to adding, deleting, or changing time limits for collection or redemption or use of Codes or Promo Code Discounts. Tunakula will publish the amended Promo Code Terms and Conditions on the Website.
  2. Your continued participation in the Promo Code program after any alteration constitutes your acceptance of any changes to these Promo Code Terms and Conditions.
  3. Tunakula reserves the right to cancel the Promo Code Programme at any time without prior notice. In the case of cancellation of the Promo Code Programme, you can no longer collect Codes. However, Promo Code Discounts will remain valid until their expiration date.
  4. A Participating Business is free to terminate its participation in the Promo Code Programme at any time without notice to you. In the case of termination by a Participating Business, you can no longer collect Codes from that Business. However, Promo Code Discounts from that Business remain valid until their expiration date.
  5. A Participating Business may leave the Website. In the case of a Participating Business no longer being on the Website, you can no longer collect Codes from that Business and your Promo Code Discounts from that Business will expire.
  6. Tunakula reserves the right to withhold or suspend you from collecting Codes in the case of a (suspected) violation of the Website Terms and Conditions or these Promo Code Terms and Conditions.