Terms & Conditions

1. Ordering process and delivery

Your order

When you have selected the appropriate products and wish to complete your order from the chosen restaurant. Submit your order by clicking "place order", please make sure the information given is correct. As soon as the order have been submitted, the restaurant are working on your order and changes will not be possible.

Changing or canceling your order

When the order has been submitted and payment have been approved it is no longer possible to change or cancel your order. If you still wish to cancel or change the order, it is possible to contact customer service who will then contact the restaurant to see if it is possible to change the order. Although it is nowhere certain we are able to fulfill the cancellation since the restaurant may already have started working on your order. 

Approving of payment method

Should payment not be approved, then the order will not be processed or sent to the restaurant.

Managing your order and order rejected by the restaurant 

When receiving your order, we will process it by sending it to the restaurant, and will confirm by email wether or not the order will be processed or rejected by the restaurant. 

Please note, the confirmation-page on the website and the confirming email receiving when placing the order is only to confirm the order have been paid for. A push notification will be send via the app and stored in your Takeout inbox once the order is confirmed by the restaurant. Although we urge all our restaurants to confirm all orders as soon as possible, and notify at once if any order will not be accepted - if an order have not been accepted we will contact you right away (usually by email). One of the reasons could be if the restaurant are too busy in handling the order due to weather conditions.

Delivering your order

The estimated delivery and pickup times, added by the restaurant are not guaranteed by Takeout. 

You can not cancel your order  after the order has been placed. The order when confirmed on the website, will go into production and will be regarded as in progress. 

3. Customer service

General

Customer service is very important for Takeout. Our customer service team will, to the best of their ability try and help any problems that might occur with your order. It is possible to contact customer service, by clicking "contact us by email", "FAQ" or calling our phone number on the front page.

Questions to your order

If there is any delay in your order, or processing it takes more time than usual or if you experience any problems with your order please do not hesitate to contact our customer service as described above. We will then contact the restaurant to sort out the problem, the best possible way.

Complaints and feedback

If you ever experience that the quality of the product or service, does not live up to your standard you are able to post your feedback on the restaurant order page. Reviewing a restaurant good or bad is an important part of our quality control.

Compensation

If you experience a lower quality in the product or the service being offered from a restaurant and would like compensation, should you contact the restaurant directly in order to register your complaint. If you are unable to contact the restaurant or the restaurant refuses your complaint, then do contact Takeout customer service within 48 hours of submitting the Takeout order. One of our customer service agents will then attempt to contact the restaurant in order to come to a solution. Please note, we do not control the product or the service offered by the restaurants and cannot be held accountable for any compensation on behalf of the restaurants. 

Takeout customer service can always be contacted on info@takeout.ie. 

4. Payment

All prices are in EURO and including Irish VAT. Payment is online via DIBS betalingsgateway using Sagepay Payment betalingsgateway when using debetkort, kreditkort or netbank transfer. You are able to pay using Dankort, eDankort, VISA-Dankort, MasterCard, Eurocard, Diners Club, American Express, Netbank, Ewire, Nordea e-betaling etc. If Takeout are delivering (and not the restaurant itself), the ONLY payment methods accepted are using company credit or credit card, the drivers cannot accept handling cash.

5. Abuse

By using the above payment methods, Takeout wants to make the payment process easy and straight forward. By suspected abuse of credit cards or other payment methods, Takeout reserves the right to not process the order without a warning. Takeout also reserves the right to breach the right to anonymity, if any order being accepted is without a valid recipient. 

6. Order storage

The order will be stored on the Takeout secure servers. If you would like to have the order sent by email, please contact the restaurant via the email address or phone number listed on their website. Alternatively contact our customer service on info@takeout.ie  - remember to note the order-number, name of the restaurant and ordering date.

7. Personal data

Takeout ApS is responsible for gathering and handling data. You can learn more about how your personal information are being stored by clicking Personoplysninger.

 

I. TERMS AND CONDITIONS (THE “AGREEMENT”)

This mobile application (the “Takeout App”) allows you (“You”) to purchase Items (as defined below) from the Takeout App (the “Service”) at particular take-away, cafés and restaurants (the “Restaurant”). When you purchase certain goods including food and beverages at a restaurant, (“Items”) from the Takeout App, then it is subject to the terms set out in this Agreement.

  1. TERMS OF PURCHASE
    To use the Takeout App, You must ensure that You: (i) have a functioning Device (as defined below); (ii) have an internet connection.
    Subject to You complying with Section 1a., the Service shall ensure that You can: (i) view Items for sale; (ii) purchase Items using the Service; (iii) track the order of Items; When You purchase an Item on the Service using the Takeout App, You shall pay for such Item by either using a credit or debit card accepted by the Takeout App via an external PCI-certified server.
    You represent, warrant and undertake that: (i) You are legally capable of entering into this binding contract; (ii) You are at least 18 years old; (iii) You will use the Service only for Your personal, non-commercial use and not for any re-distribution of Items; and (iv) You will not infringe the Intellectual Property Rights (as defined below) or other rights of third parties whose work is embodied in Items.
    You agree and acknowledge that it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol or for any person over the age of 18 to buy alcohol on behalf of any person under the age of 18. Orders containing alcohol will therefore not be accepted by the Service from or on behalf of persons under the age of 18 and it is within the Restaurant staffs’ rights to ask for proof of age of anyone on the Restaurant’s physical premises.
    You may use software made available for use in connection with the Service (“Software”) only in connection with the Service. You may not separate any individual component of the Software or incorporate it into Your own programs or deal with it in any other way. You may not, and You will not assist, encourage or authorise any third party to modify, reverse engineer, decompile or disassemble Software, whether in whole or in part or create any derivative works from the Software.
    You shall pay all VAT and other taxes (“Taxes”) associated with Your purchase of Items on the Service. The Service shall ensure that the price stated for any Items includes all such Taxes.
    You shall not: (i) manipulate transactions in any way which is unfair to other users of the Service; or (ii) use the Service in contravention of applicable laws nor permit or assist others to do so.
  2. PAYMENT AND DELIVERY PROCESS
    You need to register to access the Service and You will be required to enter Your payment details to pay for Items using Your credit or debit card. Your payment details will be saved, which the Takeout App saves on a secure external PCI-certified server. The Takeout App uses the 3 digits on the back of your credit card as code to make payments through the Takeout App (“Card security CODE”) secure. On collecting or the delivery of Items, You may be required to show Your phone displaying Your order number to the Restaurant staff at the time of collection or delivery of Items as proof of identification. You are responsible for the safekeeping of Your order number.
    Takeout will ensure that any information, such as Your debit or credit card information, which passes between the Takeout App and the server, is encrypted with SSL (Secure Socket Layer). However, You acknowledge that the transmission of information via the internet is not completely secure and Takeout IE cannot guarantee the security of Your data transmitted through the Takeout App, which is transmitted at Your risk. Takeout shall not be liable for any claims arising from misuse of Your credit or debit card where such misuse is a result of Your failure to keep Your credit or debit card secure.
    In the case of Items which are not capable of delivery in digital format, such as food and beverages, (“Tangible Items”) the Service shall procure delivery of any Items to You within reasonable industry times of You paying for such Tangible Items using the Service. The Service may notify You of an estimated time for delivery or collection of Your Tangible Items but these are estimates only and should not be relied upon or treated as guarantees.
    The Service shall comply with all applicable laws and regulations related to Your use of the Service, including but not limited to laws and regulations concerning distance selling, refunds and returns, data protection and food safety.
  3. CANCELLATIONS, DISPUTES AND REFUNDS
    Once You have submitted and paid for Your order for Tangible Items, You will be entitled to amend or cancel Your order on the Takeout App until the Service has accepted it. The Service has discretion to reject Your order, for example if the Restaurant has no longer got Items in stock or if the Restaurant is too busy to be able to fulfil Your order. When You submit and pay for an order, Your bank or card issuer will ring-fence the payment amount. If You cancel an order or the Service rejects it, Your bank or card issuer will release the payment amount back to Your account (without transferring the amount to Takeout, although You accept this may take up to [7] days.
    If You have any dispute with the Service or You think You are entitled to a refund, You should contact the Restaurant staff in the first instance as this in most cases will result in instantly resolution of the dispute. If the dispute is not resolved to Your satisfaction by the Restaurant, You are entitled to notify Takeout App, within 24 hours of placing Your order, by contacting Takeout App through the “contact” on infor@takeout.ie or daybreakireland.ie. (http://daybreakireland.ie/contact-us). Takeout shall use reasonable commercial endeavours to resolve any such dispute.
  4. TERM
    The term of this Agreement shall commence upon You commencing use of the Service and shall terminate upon You ceasing use of the Service.
  5. INTELLECTUAL PROPERTY
    You acknowledge that any and all patents, trade marks, service marks, designs, utility models, unregistered trade marks, business or trade names (including Internet domain names and e-mail addresses), designs, copyright (including copyright in broadcasts, computer software and databases), semi-conductor topography rights, database rights and design rights, inventions (including improvements on or additions to inventions), discoveries, know-how and all other intellectual and industrial property and rights of a similar or corresponding nature (“Intellectual Property Rights”) on daybreakirealnd.ie (the“Website”), the Takeout App and the Service, including the brand, logo and get-up, community features, underlying software and technology, and all information, consumer data and other material generated by the operation of the Website, Takeout App and Service belongs to or its licensors and You shall not acquire or claim any right, title to or interest in the same and nor shall any goodwill inure to You by virtue of this Agreement.
  6. SERVICE ACCESS
    Takeout runs the Service with the aim of providing You with uninterrupted access. However, You acknowledge that Takeout is under no obligation to ensure the Service is continuous and Takeout will not be liable where access to the Service is suspended (whether temporarily or not) without notice.
    Takeout will try to ensure that the information on the Website and the Takeout is correct. However, You acknowledge that Takeout is under no obligation to update material on the Website and the Takeout IE App and provide that it is error and virus free. The Restaurant is responsible for providing correct information regarding Item description and price.
    You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices (Device(s)) that are controlled, but not owned, by You and to download a copy of Takeout App onto the Devices. You and they may be charged by Your and their service providers for internet access on the Devices. You accept responsibility in accordance with this Agreement for the use of Takeout or in relation to any Device, whether or not it is owned by You.
    You will be solely responsible, at Your own expense, for acquiring, installing, maintaining and updating all connectivity equipment as may be necessary for Your Device to connect to, access, and use Takeout App as permitted by this Agreement.
  7. LIABILITY
    The parties’ liability to each other for death, personal injury, fraudulent misrepresentation or any other liability that cannot be excluded by law shall not be limited.
    Subject to Section 7a. Takeout shall not be liable to You whether in contract, tort, breach of statutory duty, or otherwise, even if foreseeably, arising under or in connection with the Service, the Takeout App or the Website for: loss of profits, sales, business or revenue; loss of goodwill; indirect or inconsequential loss or loss or corruption of data.
    Subject to Sections 7a. and b. above, Takeout’s total liability to You shall not exceed 100% of the price of Your order.
  8. DATA PROTECTION
    Takeout is committed to protecting Your privacy and security. Any personal data that we collect from You will be minimal and will be processed in accordance with our Privacy Policy, which is available here.
  9. MISCELLANEOUS
    Takeout reserve the right to amend this Agreement from time to time by changing the terms and conditions on the Takeout App. Where this Agreement is varied, the new terms of use may be displayed on-screen on the Takeout App and You may be required to read and accept them to continue Your use of the Service.
    If any term of this Agreement is held to be unenforceable in whole or in part, that term shall to the extent necessary be deemed not to form part of this Agreement but the enforceability of the remainder of such term and of the remainder of this Agreement shall not be affected. The following Sections of this Agreement shall survive termination of this Agreement: 1(d), (f) and (g), 5 and 9(c).
    The failure by the Restaurant to enforce any term of this Agreement shall not be considered to be a waiver of the right to subsequently enforce any such term.
    This Agreement constitutes the entire agreement of the parties and supersedes any previous arrangements between the parties. Neither party has relied on any oral or written representation of the other party regarding this Agreement.
    This Agreement shall be governed by and construed in accordance with the law of the applicable contracting Takeout entity and the parties submit to the non-exclusive jurisdiction of the courts of the applicable contracting Takeout entity.
  10. ACCEPTANCE
    By clicking the “accept” button, You acknowledge that You accept the terms of this Agreement without change. Your continued use of the Service constitutes Your acceptance of this Agreement.

 


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