WEBSITE TERMS & CONDITIONS
- DEFINITIONS
In these conditions, except where the context otherwise requires, the following words shall have the meanings:
“You” means the person or individual (acting in their business capacity who is purchasing, or purporting to purchase, for, or on behalf of, a firm, enterprise or company), firm, enterprise or company wishing to buy Goods.
“Deliveroo” means:
Roofoods Ltd (registered office Roofoods Limited, The River Building, Level 1, Cannon Bridge House, 1 Cousin Lane, EC4R 3TE, United Kingdom. Company number 08167130, VAT number 286 7364 55).
“Account” means a unique account on the Site through which You can select Goods and place orders with the Seller and review previous purchase history.
“Contract” means the contract made, or to be made, for each order of Goods made between the Seller and You subject to the Seller’s terms and conditions.
“Goods” means the articles, products, packages and all physical things, including samples where relevant, to be purchased by You and sold by the Seller using this site.
“Site” means [AS RELEVANT, www.deliveroo-packaging.fr, www.deliveroo-packaging.it, www.deliveroo-packaging.be]
“Seller” means the company responsible for supplying, or procuring the supply of, and distributing the Goods listed on this website.
“Terms” means these terms and conditions, as updated from time to time.
- GENERAL
By using the Site, You confirm that You accept these Terms and that You agree to comply with them. If You do not accept these Terms in full please do not continue to use the Site, including to place orders for Goods.
These Terms apply regardless of how You access the Site, including any technologies or devices by which Deliveroo makes the Site available to You.
Deliveroo may amend or vary these Terms from time to time by notice on this Site. You will be subject to the Terms in force at the time that You access the Site so please check these Terms to ensure You understand the version that applies at that time. These Terms may not be modified or varied by You unless Deliveroo agrees in writing.
The Terms were most recently updated on [DATE].
You acknowledge that You have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Deliveroo which is not set out in these Terms and that You shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.
These Terms refer to the following additional terms and conditions, which may also apply to Your use of the Site:
- The Deliveroo Privacy Policy, which sets out how Deliveroo may use Your personal information received through the Site;
- The Seller’s terms and conditions, as set out at clause 3 below.
The Site is hosted and operated by Deliveroo, but any purchases made through the Site are made between You and the Seller.
If You place orders for, or purchase, Goods, the Seller’s terms and conditions [LINK] will apply to any such purchase and the Contract will be entered into between You and the Seller. You will not be able to purchase Goods unless You accept the Seller’s terms and conditions. For the avoidance of doubt, Deliveroo is not a party to the Contract, and has no liability to You in respect of the performance of any Contract or any Goods purchased from a Seller.
You acknowledge and agree that this Site, the Goods and any order for, and purchase of, Goods is for, or on behalf of, a firm, enterprise or company and is not for the purposes of individual, household or domestic use or consumption and You are not a consumer.
In order to review the Goods and place orders, You will need to create an Account. When creating an Account You must provide complete and accurate information to Deliveroo. It is Your responsibility to ensure that all information provided to Deliveroo is kept up to date, and Deliveroo will not be responsible for any failure to do so.
You must keep Your Account details safe. If You choose, or You are provided with, any user identification code, password or any other piece of information as part of Deliveroo’s security procedures, You must treat such information as confidential. You must not disclose it to any third party.
If You know or suspect that anyone other than You knows Your Account details, You must promptly notify us at [EMAIL OR CONTACT DETAILS].
Deliveroo has the right to disable any Account or terminate access to the Site at any time and in Deliveroo’s sole discretion, including but not limited to in circumstances where in Deliveroo’s opinion You have failed to comply with any of the provisions of these Terms or where You have not provided accurate information.
By using the Site, whether or not You create an Account, You acknowledge and agree that:
- You are accessing the Site and creating Your Account for business purposes and not for personal or domestic purposes;
- You are responsible for ensuring that all persons who access the Site through Your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them;
- the Site is directed only at those residing in [AS RELEVANT-ITALY, BELGIUM , FRANCE]. Deliveroo does not represent that the content available on the Site is appropriate for use or available in other locations.
Deliveroo does not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Deliveroo may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. Deliveroo will try to give You reasonable notice of any suspension or withdrawal.
The content on the Site is provided for general information only. It is not intended to amount to advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site. Although Deliveroo makes reasonable efforts to update the information on the Site, Deliveroo makes no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date.
Deliveroo shall not be liable to You for any liability arising under or in connection with any use of, or inability to use, the Site, or use or reliance on any content displayed on the Site. Deliveroo’s employees or agents are not authorised to make any representations concerning the Goods. You acknowledge that You do not rely on any such representations. Any advice or recommendation given by Deliveroo or its employees or agents to You or Your employees or agents as to the storage, application or use of the Goods which is not specifically confirmed in writing by Deliveroo is followed or acted on entirely at Your own risk, and accordingly Deliveroo shall not be liable for any such advice or recommendation.
Where the Site contains links to other sites and resources provided by third parties, these links are provided for Your information only. Such links should not be interpreted as approval by Deliveroo of those linked websites or information You may obtain from them. Deliveroo has no control over the contents of those sites or resources.
You may link to the home page of the Site, provided You do so in a way that is fair and legal and does not damage Deliveroo’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Deliveroo’s part where none exists. You must not establish a link to the Site in any website that is not owned by You. The Site must not be framed on any other website, nor may You create a link to any part of the Site other than the home page. Deliveroo reserves the right to withdraw linking permission without notice.
Deliveroo does not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring Your information technology, computer programmes and platform to access the Site. You should use Your own virus protection software.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. Deliveroo will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, \Your right to use the Site (including any Account) will cease immediately.
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Site or any services provided via, or in relation to, the Site. This includes using (or permitting, authorising or attempting the use of):
- any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Site or any data, content, information or services accessed via the same; or
- any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of Deliveroo’s rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) Deliveroo is unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to Deliveroo.
For the purposes of these terms and conditions, intellectual property rights (“IPR”) means patents, copyright and related rights, trade marks, service marks and trade names, utility models, rights in software, rights in designs, database rights, image rights, moral rights, rights to inventions, rights to prevent passing off, domain names, rights in confidential information (including trade secrets and know-how), rights of privacy, and all similar or equivalent rights in each case whether registered or not and including all applications (or rights to apply) for, or renewal or extension of, such rights which exist now or which will exist in the future in any jurisdiction around the world.
Deliveroo is the owner or the licensee of all IPR in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Site for Your personal use and You may draw the attention of others within Your organisation to content posted on the Site. You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Deliveroo’s status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.
You must not use any part of the content on the Site for commercial purposes (save for the ordering of Goods from the Seller through the Site) without obtaining a licence to do so from Deliveroo or Deliveroo’s licensors.
If You print off, copy, download, share or repost any part of the Site in breach of these Terms, Your right to use the Site will cease immediately and You must, at Deliveroo’s option, return or destroy any copies of the materials You have made.
Nothing in these terms and conditions shall limit either party’s liability for: (i) fraudulent misrepresentation; or (ii) death or personal injury caused by a party’s negligence. Subject to this, and notwithstanding any other provision of these Terms, Deliveroo’s aggregate liability to You is limited to £50,000.
Any remedies in respect of the Contract or any Goods You purchase will be determined by the Supplier’s terms and conditions and Deliveroo shall have no liability to You in respect of the Contract or the Goods.
Deliveroo, its employees and its agents shall be under no further liability for any injury, loss or damage of any kind whatsoever or howsoever arising (in each case, whether directly or indirectly arising or incurred). You agree to keep Deliveroo indemnified against any third party claims howsoever arising.
All conditions and warranties expressed or implied by statute, custom, common law, or trade practice, are hereby expressly excluded to the extent allowable by applicable law.
Notwithstanding any other provision of these Terms, Deliveroo shall not be liable for any loss of business, loss of revenue, loss of profits, loss of data or loss of opportunity (whether directly or indirectly arising or incurred). Deliveroo will not be liable for any direct or consequential loss or damage of any nature whatsoever and howsoever arising, including but not limited to those arising due to any delay in delivery.
Deliveroo shall not be in breach of these Terms or be liable to You for any failure of or delay in performance which is due wholly or partially to an act of God, war, fire, explosion, riot, civil commotion, pandemic, epidemic, restriction by Government or other government or regulatory authority, strikes, lock outs, failure in suppliers of new material or any failure in the supply chain generally or to any cause or matter whatsoever outside of Deliveroo's reasonable control.
If any part of these Terms is deemed invalid, void, or for any reason unenforceable, that term or condition will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
If You contract with Roofoods Ltd, these Terms are governed by the laws of England and Wales. If You contract with Roofoods Ltd, the courts of England and Wales have exclusive jurisdiction in respect of any dispute or claim arising out of or in connection with these Terms.
- GENERAL
You may not assign, transfer, charge, novate or otherwise dispose of all or any of Your rights and obligations under the Terms.
No third party has a right under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms.
No waiver by Deliveroo of any breach of the Terms by You shall be considered as a waiver of any subsequent breach of the same or any other breach.
All details of communications in connection with any contract or intended contract shall be regarded as strictly confidential and shall not be divulged by You to any person, firm or company without Deliveroo’s prior written consent.
You shall be responsible for complying with any legislation or regulations governing Your access to the Site.