MERSEY EATS TERMS AND CONDITIONS
Important Legal Notice
This page (together with our Privacy Policy and Cookies Policy) sets out the terms and conditions ("Website Terms” or "Terms”) under which Merseyside Eats Group Pvt Ltd ("Mersey Eats”, "we”, "our”, or "us”) provides access to and use of our website https://www.mersey-eats.co.ukand any associated mobile application or platform (together, the "Website” or "Platform”).
Please read these Website Terms carefully before using our
Platform or placing any order. By accessing or using our Platform (whether now
or in the future), you agree to be legally bound by these Website Terms.
If you do not accept these Website Terms, you must immediately cease using our
Platform, and you will not be able to place an order through it.
Your use of personal data submitted via the Platform is governed by our Privacy Policy and Cookies Policy, which form part of these Terms.
For clarity, references to "Platform” include any current or future version of our website and mobile application that enables access to Mersey Eats, whether through web browser, mobile application, or other digital interface.
1.1 Company Information
Mersey Eats is operated by Merseyside Eats Group Pvt Ltd,
a company registered in England and Wales (Company No. 16724575)
Registered Office: 3.16 Universal Square, Business Centre, Manchester,
United Kingdom, M12 6JH
Trading Name: Mersey Eats
Service Area: Wirral and surrounding areas within Merseyside (Phase 1)
Customer Support Email: support@mersey-eats.co.uk (responses within
12–24 hours)
VAT Registration: pending
1.2 Our Role
Mersey Eats acts as a commercial agent providing an
online marketplace for independent food businesses ("Restaurants”) to display
their menus and receive orders from customers ("you”, "your”, or "User”).
The legal contract for the supply of food, beverages, and related items is
formed between you and the Restaurant that accepts your order.
Mersey Eats does not produce, prepare, or deliver food and bears no
responsibility for the quality, safety, or preparation of food supplied by
Restaurants.
Mersey Eats’ role is limited to:
(a) displaying Restaurant information;
(b) facilitating the transmission of orders between customers and Restaurants;
and
(c) collecting payment as the Restaurant’s disclosed agent.
1.3 Scope of These Terms
These Terms govern:
(a) your access to and use of the Platform;
(b) the legal relationship between you, the customer, and Mersey Eats as agent;
and
(c) the basis upon which you may place orders with Restaurants via the
Platform.
Mersey Eats reserves the right to amend these Terms from time to time by publishing an updated version on this page. Continued use of the Platform after such publication constitutes your acceptance of the revised Terms.
1.4 Interpretation
In these Terms:
2. ACCESS, USE AND ACCEPTANCE OF TERMS
2.1 Access to the Platform
2.1.1. You may access certain parts of the Platform without
creating an account. However, in order to place an order with a Restaurant or
use specific features, you must either register for an account or log in
through an existing account.
2.1.2. Mersey Eats reserves the right to restrict access to certain areas of
the Platform or to the Platform as a whole at any time, for operational,
security or maintenance reasons, or to comply with legal obligations.
2.1.3. We make reasonable efforts to ensure the Platform is available
twenty-four (24) hours a day. However, we make no guarantee of uninterrupted
access and shall not be liable if, for any reason, the Platform is unavailable
for any period.
2.2 Acceptance of Terms
2.2.1. By accessing any part of the Platform or placing an
order, you acknowledge that you have read, understood, and agreed to be bound
by these Terms, together with the Privacy Policy and Cookies Policy.
2.2.2. If you do not accept these Terms, you must immediately discontinue use
of the Platform.
2.2.3. You are responsible for ensuring that all persons who access the
Platform using your internet connection or device are aware of these Terms and
that they comply with them.
2.3 Revision and Updates to Terms
2.3.1. Mersey Eats may revise these Terms at any time by
posting an updated version on the Platform. You should review these Terms
regularly to remain informed of any changes.
2.3.2. You will be bound by the Terms in effect at the time you place an order
through the Platform.
2.3.3. Any significant amendments that materially affect user rights will be
notified by email or prominent notice on the Platform.
2.4 Your Responsibility
2.4.1. You are responsible for making all necessary
arrangements to access the Platform, including compatible hardware, internet
connection, and browser or app version.
2.4.2. You are responsible for maintaining accurate personal information,
contact details, and payment information within your account.
2.4.3. You agree not to use the Platform:
(a) for unlawful purposes or in violation of applicable law;
(b) in any manner that may cause harm, interruption, or overburdening of the
Platform;
(c) to transmit viruses, malware, or malicious code; or
(d) to collect data or scrape information without written consent from Mersey
Eats.
2.5 Account Security
2.5.1. You are responsible for maintaining the
confidentiality of your login credentials and restricting access to your
account.
2.5.2. You agree to notify Mersey Eats immediately if you suspect unauthorised
access or misuse of your account.
2.5.3. Mersey Eats shall not be liable for any losses arising from unauthorised
access to your account where you have failed to maintain security or promptly
report misuse.
2.6 Information Accuracy
2.6.1. You confirm that all information provided to Mersey
Eats, including to our customer care team, is accurate and complete in all
respects.
2.6.2. Mersey Eats reserves the right to suspend or close any account where
inaccurate, incomplete, or fraudulent information is provided.
2.6.3. You understand that certain information displayed on the Platform, such
as menus, prices, delivery times, and restaurant details, is supplied directly
by Restaurants. Mersey Eats does not guarantee that such information is
accurate, complete, or up to date.
2.7 Suspension of Access
2.7.1. Mersey Eats may, at its sole discretion, suspend or
restrict your access to the Platform temporarily or permanently if you:
(a) breach these Terms;
(b) engage in fraudulent or abusive activity;
(c) misuse promotional offers; or
(d) use the Platform in a manner that may harm other users, Restaurants, or
Mersey Eats.
2.7.2. Where reasonably possible, we will notify you prior to any suspension,
unless doing so would compromise investigation or security procedures.
2.8 Communication and Notices
2.8.1. Applicable law permits certain communications between
Mersey Eats and users to be in electronic form. By using the Platform, you
consent to receive communications electronically (including by email or notices
posted within the app or website).
2.8.2. For contractual purposes, you agree that all agreements, notices,
disclosures, and other communications provided electronically satisfy any legal
requirement that such communications be in writing.
2.9 Third-Party Services
2.9.1. The Platform may contain links to third-party
websites, payment gateways, or other services. These are provided solely for
convenience.
2.9.2. Mersey Eats does not control or endorse third-party sites and shall not
be responsible for their content, privacy practices, or availability.
2.9.3. You access any third-party links entirely at your own risk and subject
to that third party’s terms and conditions.
3.1 Capacity and Age Requirements
3.1.1. By registering for a Mersey Eats account or placing
an order through the Platform, you warrant and represent that:
(a) you are legally capable of entering into binding contracts under English
law;
(b) you are at least 18 years of age; and
(c) you are using the Platform for personal, non-commercial purposes.
3.1.2. Mersey Eats does not permit the use of its Platform by individuals under the age of 18. Any use or access by a minor constitutes unauthorised use and may result in account suspension.
3.1.3. If you are placing an order on behalf of another person (for example, for family or business colleagues), you confirm that you have full authority to act on their behalf and that they accept these Terms.
3.2 Legal Relationship
3.2.1. When you place an order via the Mersey Eats Platform,
you are entering into two distinct relationships:
(a) a contract with Mersey Eats as the agent facilitating your
order; and
(b) a separate, binding contract with the Restaurant, which is solely
responsible for preparing and supplying your food and related products.
3.2.2. Mersey Eats acts as an intermediary (commercial
agent) and not as the principal seller. Accordingly, Mersey Eats accepts no
responsibility or liability for:
(a) the quality, safety, or preparation of food or beverages;
(b) the fulfilment of delivery or collection services performed by Restaurants
or their drivers;
(c) compliance by Restaurants with hygiene, allergen, or licensing laws; or
(d) any representations, statements, or commitments made by Restaurants.
3.2.3. All orders placed through Mersey Eats are concluded on behalf of the relevant Restaurant, and payment collected by Mersey Eats (where applicable) is held as agent for that Restaurant until remitted to them.
3.3 Alcohol, Tobacco, and Age-Restricted Items
3.3.1. Certain Restaurants may offer alcohol, tobacco, or
other products that are subject to legal age restrictions ("Age-Restricted
Items”).
3.3.2. By placing an order that includes any Age-Restricted Item, you confirm
that you are at least 18 years of age and legally permitted to purchase
such items in the United Kingdom.
3.3.3. You may be asked to provide valid photographic identification upon
delivery or collection. Acceptable forms of ID include a passport, driving
licence, or PASS-approved card.
3.3.4. Restaurants and their delivery personnel reserve the right to refuse
delivery or collection if:
(a) you are unable to produce valid ID upon request;
(b) you appear intoxicated, under the influence, or are purchasing on behalf of
a minor; or
(c) the delivery address is not suitable for the handover of Age-Restricted
Items (e.g., public places).
3.3.5. If delivery or collection is refused for the above reasons, no refund
will be issued, as the Restaurant will have incurred preparation costs.
3.4 Allergies and Intolerances
3.4.1. If you, or anyone for whom you are ordering, have
food allergies or intolerances, you are required to contact the Restaurant
directly before placing the order to verify allergen information.
3.4.2. Mersey Eats displays allergen data only when provided by the Restaurant,
and we do not independently verify its accuracy.
3.4.3. Restaurants are solely responsible for ensuring compliance with the Food
Information Regulations 2014 and related allergen disclosure obligations.
3.4.4. You agree that Mersey Eats shall not be liable for any allergic
reactions or medical issues arising from food consumed as part of an order
placed through the Platform.
3.5 Compliance with Law
3.5.1. You must not use the Platform or place any order in a
manner that violates applicable laws or regulations in the United Kingdom.
3.5.2. Without limitation, you must not:
(a) use the Platform to purchase goods for resale;
(b) engage in fraudulent payment activity or misuse promotional offers; or
(c) use the Platform to facilitate any criminal or unlawful activity.
3.6 Refusal of Orders
3.6.1. Restaurants retain the right to refuse any order at
their discretion, including if:
(a) they are unable to fulfil the order due to stock, staffing, or operational
issues;
(b) delivery to your location is unavailable or unsafe;
(c) there is a reasonable suspicion of fraud or misuse; or
(d) the order contains Age-Restricted Items and appropriate ID cannot be
verified.
3.6.2. Where an order is refused, Mersey Eats will notify you as soon as reasonably practicable and, where payment has been made, ensure that any authorised transaction is refunded in accordance with Section 7 (Refunds & Complaints).
3.7 Responsibility for Conduct
3.7.1. You agree to use the Platform respectfully and
lawfully and not to abuse or harass Restaurants, drivers, or Mersey Eats staff.
3.7.2. We operate a zero-tolerance policy for abusive behaviour, hate
speech, threats, or harassment directed at Restaurants, delivery partners, or
support personnel.
3.7.3. Any breach of this clause may result in immediate termination of your
account and reporting to relevant authorities.
4. ORDERS AND ORDER PROCESS
4.1 Compiling and Submitting Your Order
4.1.1. Once you have selected the desired items from your
chosen Restaurant’s menu and provided all necessary delivery or collection
details, you will be given the opportunity to review your order and submit it
by selecting the "Place Order”, "Proceed to Payment”, or equivalent button.
4.1.2. It is your responsibility to ensure that all details entered — including
delivery address, contact information, and selected items — are correct prior
to submission.
4.1.3. By confirming an order, you make an offer to purchase the
selected items from the Restaurant.
4.1.4. Once payment is authorised, the Restaurant will receive your order
through the Platform. The Restaurant then has discretion to accept or reject
your order.
4.1.5. Mersey Eats will display a confirmation screen and/or send you a
confirmation email or in-app notification once your order is received by the
Restaurant.
4.1.6. Such confirmation merely indicates that your order has been transmitted
to the Restaurant and does not guarantee acceptance or fulfilment by the
Restaurant.
4.2 Acceptance and Contract Formation
4.2.1. The contract for the sale of food and beveragesis formed only when the Restaurant accepts your order and begins
preparation.
4.2.2. The Restaurant is not obliged to accept any order. Acceptance is subject
to factors such as menu availability, delivery capacity, or trading hours.
4.2.3. Where the Restaurant declines an order, Mersey Eats will notify you
promptly via email, SMS, or in-app message.
4.2.4. Any payment made for a rejected order will be refunded in full in
accordance with Section 7 (Refunds and Complaints).
4.3 Guest Checkout
4.3.1. In certain cases, you may be permitted to place an
order as a guest user without creating a permanent account.
4.3.2. By completing an order as a guest, you consent to Mersey Eats creating a
temporary guest account linked to your device for a limited period (up to
twelve months) to facilitate order processing, refunds, and record retention.
4.3.3. Access to such temporary guest accounts will automatically expire on the
earlier of:
(a) six months after your last access;
(b) twelve months after creation; or
(c) deletion of browser data or app cache from your device.
4.4 Changing or Cancelling an Order
4.4.1. Once your order has been submitted and payment
authorised, changes or cancellations may not be possible.
4.4.2. If you wish to amend or cancel an order, you should contact the
Restaurant directly using the contact details shown in your confirmation.
4.4.3. You may also contact Mersey Eats Customer Support at
support@mersey-eats.co.uk within 8 hours, who will attempt to communicate your
request to the Restaurant; however, Mersey Eats does not guarantee that the
Restaurant will agree to such changes.
4.4.4. If the Restaurant confirms cancellation before preparation has
commenced, the payment authorisation will be voided or refunded.
4.4.5. If the Restaurant has already begun preparing your order or dispatched
it for delivery, cancellation is not possible and no refund will be due.
4.5 Order Errors or Issues
4.5.1. If you believe an order has been placed in error (for
example, duplicate orders or incorrect items), contact the Restaurant
immediately.
4.5.2. Where applicable, Mersey Eats will liaise with the Restaurant to attempt
resolution; however, the final decision on preparation or refund rests with the
Restaurant.
4.6 Payment Authorisation
4.6.1. All orders must be paid for by an accepted debit or
credit card through the Platform, or in cash on delivery/collectionwhere permitted by the Restaurant.
4.6.2. Orders will not be transmitted to the Restaurant unless the payment is
successfully authorised.
4.6.3. For card transactions, Mersey Eats may pre-authorise or "ring-fence” the
total order amount at the time of placement. Depending on your bank, the funds
may appear temporarily unavailable for up to five (5) working days.
4.6.4. Mersey Eats is not liable for delays caused by your bank or card issuer
in releasing held funds.
4.7 Processing Your Order
4.7.1. Upon acceptance, the Restaurant is solely responsible
for preparing, packaging, and dispatching your order in accordance with
applicable food safety standards.
4.7.2. Mersey Eats does not supervise food handling or delivery processes and
provides no warranty regarding food quality, temperature, or packaging
integrity.
4.7.3. Estimated preparation, delivery, or collection times are provided by the
Restaurant and are for guidance only. Neither Mersey Eats nor the
Restaurant guarantees that orders will be ready or delivered within the
estimated time.
4.8 Restaurant Rejections
4.8.1. A Restaurant may reject an order for any reasonable
cause, including but not limited to:
(a) unavailability of menu items;
(b) high demand or capacity limits;
(c) technical or connectivity issues;
(d) delivery distance beyond service radius; or
(e) closure due to operational, weather, or safety reasons.
4.8.2. If a Restaurant rejects your order, Mersey Eats will issue a refund
of the full authorised payment amount, as soon as reasonably practicable.
4.9 Delivery and Collection Notifications
4.9.1. When an order is accepted, the Platform may provide
you with status updates, such as "preparing”, "out for delivery”, or "ready for
collection”.
4.9.2. These notifications are for information purposes only and may vary due
to network conditions or Restaurant systems.
4.9.3. Mersey Eats is not responsible for any discrepancies between
notification timing and actual delivery or collection time.
4.10 Restaurant Responsibility
4.10.1. The Restaurant is solely responsible for:
(a) confirming order receipt;
(b) preparing and packaging food safely and in accordance with applicable
regulations;
(c) ensuring delivery drivers comply with hygiene, safety, and age verification
requirements; and
(d) maintaining proper food storage temperatures during preparation and
delivery.
4.10.2. Mersey Eats shall not be liable for any acts, omissions, or negligence
of Restaurants or their staff.
4.11 Misuse and Fraudulent Orders
4.11.1. Mersey Eats reserves the right to investigate and
cancel any order suspected of fraud, unauthorised use of payment cards, or
other unlawful activity.
4.11.2. We may suspend or permanently ban accounts linked to repeated misuse,
chargebacks, or fraudulent claims.
4.11.3. Where fraudulent activity is detected, Mersey Eats reserves the right
to disclose relevant information to banks, law enforcement, and regulatory
authorities.
5. PRICES, FEES AND PAYMENT TERMS
5.1 Prices and Menu Information
5.1.1 Prices for menu items are displayed on the Platform as
provided directly by the Restaurants.
5.1.2 Each Restaurant is solely responsible for the accuracy of its menu
prices, descriptions, and availability. Mersey Eats does not warrant that the
information displayed on the Platform is free from errors.
5.1.3 All prices are shown in pounds sterling (GBP) and, unless stated
otherwise, are inclusive of VAT at the prevailing rate applicable to the
Restaurant’s supplies.
5.1.4 Restaurants may update prices or menu items at any time. Such changes
will not affect orders already accepted.
5.1.5 Images of food or drinks displayed on the Platform are illustrative only
and may not represent the exact product delivered by the Restaurant.
5.2 Service Fee and Other Platform Charges
5.2.1 A Service Fee of £0.60 per order is charged by
Mersey Eats for use of the Platform and related customer-service functions.
This fee is non-refundable except in cases where an order is cancelled by the
Restaurant prior to acceptance.
5.2.2 Individual Restaurants may impose additional charges, including but not
limited to:
(a) delivery fees;
(b) small-order fees; and
(c) packaging or bag charges.
All such charges are set by the Restaurants and will be clearly itemised at
checkout prior to payment.
5.2.3 Certain orders may attract variable delivery charges depending on
location, distance, or delivery method. These are determined solely by the
Restaurant.
5.2.4 Mersey Eats may, from time to time, adjust its Service Fee or introduce
other administrative charges. Any such changes will be displayed clearly on the
Platform before an order is placed.
5.3 Promotions and Dynamic Pricing
5.3.1 Restaurants may, at their sole discretion, offer
discounts, promotional pricing, or limited-time menu offers. These promotions
are subject to availability and may be withdrawn without notice.
5.3.2 Prices during promotional periods may vary from standard menu rates.
Mersey Eats does not guarantee the continued availability of any promotional
offer.
5.3.3 Mersey Eats may display Restaurants offering "specials” or "deals” based
on temporary or geographic pricing models. You acknowledge that prices may differ
across Restaurants and locations.
5.4 Payment Methods
5.4.1 Mersey Eats accepts payment by:
(a) debit or credit card (Visa, Mastercard, American Express and other accepted
providers); or
(b) cash on delivery or collection, where permitted by the Restaurant.
5.4.2 Payment by card is processed securely via our authorised payment gateway.
Mersey Eats does not store full card details and complies with PCI DSSrequirements.
5.4.3 If a Restaurant allows cash payment, you agree to pay the driver or
Restaurant representative the exact amount shown on the order confirmation upon
delivery or collection.
5.4.4 By submitting card details, you authorise Mersey Eats (acting as agent
for the Restaurant) to debit the total order amount, including all applicable
taxes and fees.
5.5 Payment Authorisation and Settlement
5.5.1 When you place an order by card, your bank or card
issuer may ring-fence the full transaction amount at the time of
authorisation. This may temporarily reduce your available balance even if the
Restaurant later rejects the order.
5.5.2 If the Restaurant declines or cancels your order, your bank will release
the held amount in accordance with its own procedures. This may take between 3
to 5 working days (or longer, depending on your bank).
5.5.3 Mersey Eats is not responsible for delays by banks or card issuers in
releasing held funds.
5.5.4 Payments collected by Mersey Eats on behalf of Restaurants are held in a
designated client account until transferred to the respective Restaurant.
Mersey Eats acts solely as commercial agent for payment collection
purposes.
5.6 Incorrect Pricing and Errors
5.6.1 Although Mersey Eats endeavours to ensure that all
pricing information on the Platform is accurate, errors may occasionally occur.
5.6.2 If an item’s correct price is higher than the price displayed, the
Restaurant may contact you before accepting the order. In such cases, you may
choose whether to proceed at the correct price or cancel for a full refund.
5.6.3 Neither Mersey Eats nor the Restaurant is obliged to supply food or goods
at an incorrect price that is obviously erroneous or the result of a
typographical or technical error.
5.7 Taxes and VAT
5.7.1 Each Restaurant is responsible for accounting for and
remitting VAT and other applicable taxes on sales made via the Platform.
5.7.2 Mersey Eats does not charge or collect VAT on behalf of Restaurants
except where expressly required by law.
5.7.3 Invoices or receipts generated through the Platform represent the
transaction between you and the Restaurant. Mersey Eats may issue an electronic
summary of charges for reference only.
5.8 Refunds and Adjustments
5.8.1 If an order is rejected or cancelled by the Restaurant
before preparation, any payment authorisation will be cancelled and funds
released to you in accordance with Section 5.5.
5.8.2 If an order is cancelled after preparation has begun, you will not be
entitled to a refund, except as determined under Section 7 (Refunds and
Complaints).
5.8.3 All refunds, whether authorised by a Restaurant or by Mersey Eats acting
reasonably, will be processed using the original payment method.
5.8.4 Mersey Eats is not liable for any currency-conversion charges, bank fees,
or time delays associated with the refund process.
5.9 Receipts and Transaction Records
5.9.1 An electronic confirmation of each order will be sent
to the email address or app account associated with your profile.
5.9.2 The confirmation will set out a summary of items ordered, delivery or
collection details, and the total amount charged.
5.9.3 You should retain this confirmation as proof of purchase for any
subsequent queries or refund claims.
5.10 Fraud Prevention
5.10.1 Mersey Eats employs anti-fraud and risk-monitoring
systems to detect suspicious activity.
5.10.2 We reserve the right to refuse or cancel any transaction suspected of
unauthorised or fraudulent use of payment methods.
5.10.3 In such cases, Mersey Eats may disclose transaction data to banks,
payment processors, or law-enforcement authorities in compliance with
applicable regulations.
6. DELIVERY AND COLLECTION
6.1 General Overview
6.1.1. During the initial phase of Mersey Eats’ operations,
all deliveries are conducted exclusively by the Restaurants or their appointed
delivery personnel ("Restaurant Drivers”).
6.1.2. Mersey Eats does not own, control, or employ any delivery drivers
and does not supervise the transport, handling, or storage of food once it
leaves the Restaurant’s premises.
6.1.3. Any delivery-related obligations, including time estimates, driver
conduct, and food handling, rest entirely with the Restaurant.
6.2 Delivery Responsibility
6.2.1. By placing an order for delivery, you acknowledge
that:
(a) the Restaurant is solely responsible for arranging, performing, and
completing the delivery;
(b) Mersey Eats acts only as a digital intermediary to transmit order and
address details to the Restaurant; and
(c) Mersey Eats does not assume or accept any liability for delays, damages, or
loss arising during the delivery process.
6.2.2. The Restaurant shall ensure that delivery personnel comply with
applicable food-safety laws, licensing conditions, and professional conduct
standards.
6.3 Estimated Delivery Times
6.3.1. Delivery and collection times displayed on the
Platform are provided by Restaurants and are estimates only.
6.3.2. Neither Mersey Eats nor the Restaurant guarantees that your order will
be delivered or available for collection within the estimated timeframe.
6.3.3. During periods of high demand, adverse weather, or operational
difficulties, delays may occur. You accept that such delays do not entitle you
to compensation or cancellation once preparation has begun.
6.4 Delivery Area and Restrictions
6.4.1. Each Restaurant determines its own delivery zones and
minimum order values.
6.4.2. Orders placed outside a Restaurant’s delivery radius will be rejected
automatically or manually by the Restaurant.
6.4.3. The Platform displays approximate coverage areas for guidance only;
however, Restaurants may amend their delivery zones at any time without prior
notice.
6.5 Scheduled and ASAP Orders
6.5.1. The Platform allows users to select ASAP (as soon
as possible) or scheduled delivery times, subject to Restaurant
availability.
6.5.2. Scheduled delivery times are provided for convenience and are not
binding. Actual delivery may vary depending on order volume, driver
availability, and local conditions.
6.5.3. Mersey Eats does not guarantee that scheduled deliveries will occur at
the exact selected time.
6.6 Customer Obligations for Delivery
6.6.1. You must be present and available to receive your
order at the address specified during checkout.
6.6.2. It is your responsibility to ensure that delivery access is safe,
accurate, and unobstructed.
6.6.3. The Restaurant or its delivery personnel may contact you via the phone
number provided to confirm directions or delivery instructions.
6.6.4. If you fail to answer calls or messages, or if access to your premises
is delayed or denied, the Restaurant may treat the delivery as failed(see clause 6.7).
6.7 Failed Delivery
6.7.1. A delivery is deemed "failed” where:
(a) the driver cannot locate or safely access the address provided;
(b) no one is available to accept delivery within a reasonable time; or
(c) you refuse delivery without valid cause (e.g., damage or incorrect items).
6.7.2. In the event of a failed delivery, the Restaurant is entitled to dispose
of the order for food-safety reasons, and no refund will be due.
6.7.3. If failure results from Restaurant error (e.g., delivery to the wrong
address or undelivered items), you must report it via support@mersey-eats.co.uk
within 8 hours. Mersey Eats will liaise with the Restaurant to review
and, if justified, arrange a partial or full refund.
6.8 Delivery Charges
6.8.1. Each Restaurant determines its own delivery fee
structure, which will be clearly displayed at checkout.
6.8.2. Delivery fees are collected by Mersey Eats as agent for the
Restaurant and remitted directly to the Restaurant.
6.8.3. Any applicable service or packaging charges will be shown before payment
is confirmed.
6.9 Delivery to Restricted Locations
6.9.1. Restaurants may decline delivery to:
(a) public places (e.g., parks, beaches, or car parks);
(b) restricted-access buildings (e.g., hospitals or secure facilities); or
(c) locations outside their defined delivery zone.
6.9.2. If a Restaurant declines delivery for such reasons, the order will be
cancelled, and a refund will be issued in accordance with Section 7.
6.10 Food Handling and Temperature
6.10.1. Restaurants are responsible for ensuring food is
prepared, packaged, and delivered in accordance with applicable UK Food
Safety Regulations.
6.10.2. Mersey Eats does not monitor food temperature, hygiene, or packaging
once an order has been collected by a Restaurant Driver.
6.10.3. Upon delivery, you should verify that your order appears safe for
consumption. Mersey Eats cannot accept liability for deterioration of food
quality resulting from delivery delays or handling after dispatch.
6.11 Pickup (Collection) Orders
6.11.1. When placing an order for collection, you agree to
arrive at the Restaurant at the estimated time stated in your order
confirmation.
6.11.2. If you fail to collect your order within a reasonable timeframe, the
Restaurant may dispose of the food for hygiene reasons, and no refundwill be due.
6.11.3. Restaurants may request that you show your order confirmation or
payment card upon collection.
6.12 Delivery of Age-Restricted Items
6.12.1. If an order contains alcohol or other age-restricted
items, the Restaurant Driver will request proof of age upon delivery.
6.12.2. Deliveries containing such items may only be made to residential or
business addresses — not to public areas or vehicles.
6.12.3. Failure to provide valid identification, or any indication of
intoxication or proxy purchasing, will result in refusal of delivery, and no
refund will be issued.
6.13 Liability for Delivery
6.13.1. Mersey Eats bears no responsibility for:
(a) the timeliness, quality, or completeness of deliveries;
(b) food condition upon delivery; or
(c) any loss or damage arising from delivery delays or driver conduct.
6.13.2. Any liability for delivery errors or service failures lies solely with
the Restaurant performing the delivery.
6.14 Reporting Delivery Issues
6.14.1. You must report missing, late, or incorrect
deliveries to support@mersey-eats.co.uk within 8 hours of the
order’s scheduled delivery time.
6.14.2. Mersey Eats will forward the issue to the relevant Restaurant and
facilitate communication.
6.14.3. If the Restaurant accepts responsibility, Mersey Eats will process the
refund on their behalf. Where the Restaurant disputes responsibility, Mersey
Eats may, at its discretion, review the evidence and determine a fair
resolution.
6.15 No Resale or Redistribution
6.15.1. Food or beverages supplied through the Platform are
for personal consumption only and must not be resold, redistributed, or
otherwise commercially exploited.
6.15.2. Any unauthorised resale constitutes a material breach of these Terms
and may lead to termination of your account and notification to relevant
authorities.
7. REFUNDS, COMPLAINTS AND CUSTOMER CARE
7.1 General Principles
7.1.1 Mersey Eats is committed to providing a reliable
ordering experience and to facilitating prompt resolution of legitimate
customer concerns.
7.1.2 As Mersey Eats acts only as a commercial agent between you and the
Restaurants, all responsibility for food quality, preparation, and delivery
performance remains with the Restaurant.
7.1.3 Any refund, replacement, or other redress is ultimately a matter between
you and the Restaurant, though Mersey Eats will assist in mediation where
appropriate.
7.2 Reporting an Issue
7.2.1 If you experience a problem with your order—including
missing items, incorrect food, poor quality, or delivery failure—you must
notify Mersey Eats within eight (8) hours of the scheduled delivery or
collection time.
7.2.2 All reports must include:
(a) your order number;
(b) a clear description of the issue; and
(c) photographic or video evidence where reasonably available.
7.2.3 You may submit complaints through the in-app reporting tool or by email
to support@mersey-eats.co.uk.
7.2.4 Complaints received outside the eight-hour window may not be considered,
except where required by consumer-protection law.
7.3 Initial Assessment and Forwarding to the Restaurant
7.3.1 Upon receipt of your complaint, Mersey Eats will
acknowledge it within a reasonable time and forward it to the relevant
Restaurant for review.
7.3.2 The Restaurant will be asked to respond promptly with details of order
preparation, delivery, or driver notes.
7.3.3 Mersey Eats will communicate the Restaurant’s decision to you once
available.
7.4 Evidence and Investigation
7.4.1 Mersey Eats may request reasonable evidence to verify
the complaint, including photographs of packaging, food condition, or delivery
receipts.
7.4.2 Failure to provide requested evidence may limit our ability to process a
refund or replacement.
7.4.3 Mersey Eats may, at its discretion, review transaction data, delivery GPS
records, or previous complaint history to reach an informed outcome.
7.5 Refund Authorisation
7.5.1 If the Restaurant accepts responsibility for the
issue, Mersey Eats will process a full or partial refund on the
Restaurant’s behalf.
7.5.2 Where the Restaurant disputes liability, Mersey Eats will independently
assess the circumstances and may, acting reasonably, decide to refund the
customer directly as a gesture of goodwill.
7.5.3 Refunds will be made using the same payment method used for the original
transaction.
7.5.4 The timeframe for refund crediting is determined by your bank or card
issuer; Mersey Eats is not responsible for any delay once funds have been
released from our payment processor.
7.6 Non-Refundable Circumstances
No refund or compensation will normally be provided where:
(a) you failed to collect your order within a reasonable period;
(b) you provided incorrect or incomplete delivery details;
(c) you failed to answer delivery calls or messages, causing a failed delivery;
(d) the food quality issue results from a delay after successful delivery;
(e) subjective dissatisfaction (e.g., portion size, spice level, personal
taste) is reported without clear defect; or
(f) you refuse delivery of an order that was correctly fulfilled by the
Restaurant.
7.7 Refund Amount and Adjustments
7.7.1 Approved refunds may be full or partial depending on
the extent of the issue.
7.7.2 Where only part of an order is affected (for example, one missing item),
a proportional refund will be applied.
7.7.3 Service Fees and Restaurant delivery charges may be refunded only where
the Restaurant has failed to provide any part of the order or the delivery was
not attempted.
7.8 Customer Behaviour and False Claims
7.8.1 Submitting false, misleading, or exaggerated
complaints constitutes misuse of the Platform and may result in account
suspension or termination.
7.8.2 Mersey Eats reserves the right to withhold refunds pending investigation
where repeated or suspicious claims are detected.
7.8.3 We may report fraudulent activity to banks, payment providers, or
law-enforcement authorities.
7.9 Customer Care Standards
7.9.1 Customer care correspondence will be handled during
business hours. Mersey Eats aims to respond to all enquiries within 12–24
hours.
7.9.2 Communications should be courteous and factual. Abusive or threatening
behaviour toward Mersey Eats personnel, Restaurants, or drivers will not be
tolerated and may result in refusal of further service.
7.10 Statutory Consumer Rights
7.10.1 Nothing in these Terms affects your statutory rights
under the Consumer Rights Act 2015 or any other applicable legislation.
7.10.2 You may be entitled to remedies directly from the Restaurant under
consumer-protection law where food is not of satisfactory quality, fit for
purpose, or as described.
7.10.3 Mersey Eats acts solely as intermediary and does not provide or imply
any warranty regarding the goods or services supplied by Restaurants.
7.11 Alternative Dispute Resolution
7.11.1 If a dispute cannot be resolved through our internal
process, you may request referral to an approved Alternative Dispute
Resolution (ADR) provider or to local Trading Standards.
7.11.2 Participation in ADR is voluntary for both parties unless required by
law.
7.12 Record Keeping
7.12.1 Mersey Eats retains transaction and correspondence
records relating to complaints for a minimum of twelve (12) months for audit
and regulatory purposes.
7.12.2 Personal data contained in such records is processed in accordance with
our Privacy Policy and applicable data-protection legislation.
8. VOUCHERS, DISCOUNTS AND PROMOTIONS
8.1 General Overview
8.1.1 From time to time, Mersey Eats or its partner
Restaurants may issue voucher codes, discounts, credit balances, or other
promotional offers (collectively "Vouchers”).
8.1.2 Vouchers may be issued electronically (e.g. email, SMS, app notification,
social media) and are subject to these Terms together with any specific
conditions stated at the time of issue ("Specific Voucher Terms”).
8.1.3 By using a Voucher, you agree to be bound by both these general terms and
any Specific Voucher Terms.
8.2 Eligibility and Use
8.2.1 Unless expressly stated otherwise, Vouchers are
available only to registered Mersey Eats users and may not be transferred to
another person or account.
8.2.2 Each Voucher is valid for a single use only and must be redeemed within
its specified validity period.
8.2.3 Vouchers cannot be exchanged for cash and have no monetary value outside
the Platform.
8.2.4 Unless stated otherwise, Vouchers may only be used for orders placed and
paid online via the Mersey Eats Platform and cannot be applied to cash transactions
with Restaurants.
8.2.5 Vouchers must be applied at checkout before order confirmation; they
cannot be added retrospectively once an order has been submitted.
8.3 Restrictions and Conditions of Use
8.3.1 Unless otherwise provided in the Specific Voucher
Terms:
(a) Only one Voucher may be used per order.
(b) A Voucher cannot be used in conjunction with any other offer, discount, or
promotion.
(c) A minimum order value may apply; if so, the requirement will be stated in
the Specific Voucher Terms.
(d) Vouchers cannot be used to cover the Service Fee (£0.60), delivery charges,
tips, or cash components of any transaction.
(e) Vouchers may not be used for the purchase of age-restricted items (e.g.
alcohol, tobacco) unless explicitly permitted and subject to age verification.
(f) Vouchers cannot be used for orders made through third-party aggregators or
channels other than Mersey Eats.
8.4 Issuance and Redemption
8.4.1 Vouchers may be distributed by Mersey Eats or directly
by Restaurants participating in marketing campaigns.
8.4.2 Each Voucher will display an expiry date and/or usage limit (e.g. first
500 redemptions). Vouchers automatically expire on the earlier of the stated
expiry date or when the usage limit is reached.
8.4.3 Where a Voucher provides a fixed discount (e.g. £5 off), the order value
must equal or exceed the minimum spend to apply the discount. Percentage
discount Vouchers apply only to eligible food and drink items.
8.4.4 If a Voucher is used against an order that is subsequently cancelled or
rejected by the Restaurant, the Voucher will normally be restored to your
account (if still valid) but will not be re-issued after its expiry date.
8.5 Account Credit and Refunds
8.5.1 Where Mersey Eats issues account credit as
compensation or goodwill, such credit shall be valid for six (6) months from
the date of issue unless stated otherwise.
8.5.2 Credit may only be used towards future online orders and cannot be
transferred or redeemed for cash.
8.5.3 If an order paid wholly or partly with credit is refunded, the refund
will first apply to the cash portion of the payment. Any credit component may
be re-issued subject to its original expiry date.
8.6 Misuse and Fraud Prevention
8.6.1 Mersey Eats reserves the right to refuse, cancel, or
withdraw any Voucher where there is reasonable suspicion of fraud, misuse, or
breach of these Terms.
8.6.2 Misuse includes but is not limited to: duplicate account creation,
voucher code sharing on public websites, use outside the intended geographic
area, or circumventing eligibility requirements.
8.6.3 Where fraudulent activity is identified, Mersey Eats may suspend the
associated account, cancel pending orders, and report relevant information to
law-enforcement or financial institutions.
8.7 Liability and Exclusions
8.7.1 Mersey Eats accepts no responsibility for any loss or
claim arising from the refusal, rejection, cancellation, or withdrawal of any
Voucher or failure to use a Voucher for any reason.
8.7.2 Mersey Eats is not liable for any error or omission in the printing or
distribution of Vouchers, nor for technical failures preventing redemption.
8.7.3 To the fullest extent permitted by law, Mersey Eats’ liability in
relation to Vouchers is limited to the discount value applied to the affected
order.
8.8 Termination of Promotions
8.8.1 Mersey Eats may terminate or amend any promotional
campaign at its sole discretion without prior notice.
8.8.2 Once a promotion is terminated, unused Vouchers shall be void and no
replacement will be offered.
8.9 Restaurant-Issued Offers
8.9.1 Individual Restaurants may run their own promotional
offers through the Platform (e.g. "10% off collection orders”).
8.9.2 Such promotions are offered solely by the Restaurant and Mersey Eats acts
only as intermediary for display and payment processing.
8.9.3 Mersey Eats is not responsible for the continuation, availability, or
terms of Restaurant-specific offers.
8.10 Competitions and Loyalty Schemes
8.10.1 Mersey Eats may introduce competitions, loyalty
points, or stamp-based reward programmes in future (collectively "Loyalty
Schemes”).
8.10.2 Participation in any Loyalty Scheme will be subject to additional terms
published at the time of launch and may be suspended or withdrawn without
notice.
8.10.3 Loyalty points or rewards have no cash value and expire as stated in
their respective programme terms.
8.11 Governing Provisions
8.11.1 All Vouchers, credits, and promotions are offered
subject to availability and may be withdrawn at any time without liability.
8.11.2 Nothing in this Section affects your statutory rights under UK consumer
law.
9. REVIEWS, USER MATERIAL AND CONTENT POLICY
9.1 Definitions and Scope
9.1.1 For the purposes of this Section:
(a) "User Material” means any text, image, review, rating, feedback, comment,
suggestion, photo, or other content submitted, posted, uploaded, transmitted,
or otherwise made available on or through the Platform by a user.
(b) "Review” means a user-submitted evaluation or opinion relating to a
Restaurant, food quality, delivery, service, or overall experience.
9.1.2 This Section applies to all User Material submitted to Mersey Eats,
whether posted publicly or communicated privately through support channels.
9.2 Ownership and Rights Granted
9.2.1 By submitting User Material, you:
(a) represent and warrant that you own or otherwise control all rights
necessary to post or transmit such content; and
(b) grant Mersey Eats a perpetual, irrevocable, worldwide, royalty-free,
transferable licence to use, copy, reproduce, modify, adapt, publish,
translate, distribute, display, and otherwise make use of such content (in
whole or in part) in any media, now known or hereafter developed, for any
purpose connected with the Platform or Mersey Eats’ business operations.
9.2.2 You agree that the licence described above includes the right for Mersey
Eats to make User Material available to other users of the Platform,
Restaurants, and marketing partners.
9.2.3 You waive, to the fullest extent permitted by law, all moral rights you
may have in any User Material submitted.
9.3 User Responsibilities
9.3.1 You are solely responsible for all User Material
submitted under your account and for the accuracy of any statements contained
within.
9.3.2 You must ensure that your contributions:
(a) are honest and based on your genuine personal experience;
(b) are relevant to the order, Restaurant, or service being reviewed; and
(c) comply with all applicable laws, regulations, and these Terms.
9.3.3 You agree not to submit, upload, post, transmit, or otherwise make
available any User Material that:
(a) is unlawful, defamatory, obscene, offensive, hateful, discriminatory,
threatening, or harassing;
(b) promotes or incites violence, discrimination, or illegal activity;
(c) infringes any intellectual-property or privacy rights of any third party;
(d) contains viruses, malicious code, or any material designed to disrupt or
damage systems;
(e) constitutes unauthorised advertising, spam, or solicitation;
(f) misrepresents your identity or relationship with any person or entity; or
(g) was created in exchange for monetary or other incentive not disclosed in
the Review.
9.4 Moderation and Removal
9.4.1 Mersey Eats reserves the right, but not the
obligation, to monitor, review, edit, or remove any User Material that:
(a) breaches these Terms or applicable law;
(b) is false, misleading, or abusive;
(c) may expose Mersey Eats, Restaurants, or other users to liability or
reputational harm; or
(d) is otherwise considered inappropriate in our reasonable discretion.
9.4.2 Mersey Eats may remove or withhold publication of Reviews containing
personal information, hate speech, or material unrelated to the transaction.
9.4.3 Restaurants may flag Reviews they believe to be inaccurate or fraudulent;
Mersey Eats will assess such flags impartially.
9.5 Restaurant and Third-Party Content
9.5.1 Restaurant listings, menus, images, and branding
displayed on the Platform are provided by the respective Restaurants and remain
their property.
9.5.2 Mersey Eats does not verify the accuracy of Restaurant-supplied
information or imagery and disclaims all responsibility for errors, omissions,
or misrepresentations therein.
9.5.3 Any reliance you place on such material is at your own risk.
9.6 Use of Reviews and Aggregated Ratings
9.6.1 Mersey Eats may use Reviews and ratings for
quality-control, customer-experience analysis, or marketing purposes.
9.6.2 Aggregated star-ratings are calculated automatically and may fluctuate as
new Reviews are submitted.
9.6.3 Restaurants may not edit or remove customer Reviews but may reply through
the official merchant interface in a professional manner.
9.7 Indemnity
9.7.1 You agree to indemnify and hold harmless Mersey Eats,
its directors, employees, and affiliates from and against any and all losses,
liabilities, damages, claims, costs, and expenses (including reasonable legal
fees) arising from or in connection with:
(a) User Material you submit; or
(b) any breach by you of the warranties, representations, or obligations set
forth in this Section.
9.8 No Endorsement
9.8.1 Reviews and other User Material represent the opinions
of individual users only and do not reflect the views of Mersey Eats.
9.8.2 Mersey Eats does not endorse, verify, or guarantee the accuracy or
reliability of any user-generated content and shall not be responsible for any
reliance placed on such material by any person.
9.9 Disclosure to Authorities
9.9.1 Mersey Eats will cooperate fully with any competent
authority, court, or regulatory body that lawfully requests or directs
disclosure of the identity or location of anyone posting User Material that
breaches these Terms or applicable law.
9.9.2 You release Mersey Eats from all liability arising from such disclosure,
provided it is made in good faith and in compliance with law.
9.10 Retention and Removal on Account Closure
9.10.1 User Material submitted through the Platform may
remain visible even after account closure, as part of the historical record of
Restaurant ratings.
9.10.2 Where reasonably practicable, Mersey Eats will remove personal
identifiers associated with closed accounts in accordance with our Privacy
Policy.
10. INTELLECTUAL PROPERTY AND LICENCE OF USE
10.1 Ownership of Rights
10.1.1 All intellectual-property rights ("IP Rights”) in and
to the Platform—including without limitation its design, layout, structure,
text, graphics, logos, icons, software, source code, databases, and compilation
of content—are owned by or validly licensed to Merseyside Eats Group Pvt Ltd("Mersey Eats”) and are protected by copyright, trade-mark, database-right, and
other intellectual-property laws of England and Wales and international
conventions.
10.1.2 All rights not expressly granted under these Terms are reserved. You
acknowledge that no title, ownership, or proprietary interest in the Platform
or any IP Rights therein is transferred or assigned to you.
10.1.3 The name "Mersey Eats”, associated logos, trade dress, and domain
names constitute registered or unregistered trade marks of Mersey Eats. You are
not permitted to use them without prior written consent.
10.2 Licence to Use the Platform
10.2.1 Subject to your continued compliance with these
Terms, Mersey Eats grants you a limited, revocable, non-exclusive,
non-transferable, and non-sublicensable licence to access and use the Platform
for your own personal and lawful purposes only (the "Licence”).
10.2.2 This Licence allows you to:
(a) access and browse the Platform via standard web browser or authorised
mobile application;
(b) download and temporarily store incidental copies of Platform content for
personal viewing; and
(c) print or export extracts of content for personal, non-commercial use only.
10.2.3 You must ensure that all proprietary notices or disclaimers appearing on
any material obtained from the Platform remain intact.
10.3 Restrictions on Use
10.3.1 Except as expressly permitted under clause 10.2, you
may not, without prior written consent from Mersey Eats:
(a) copy, reproduce, modify, adapt, translate, reverse-engineer, decompile, or
disassemble any part of the Platform or its software;
(b) create derivative works from, distribute, publicly perform, or publicly
display any content of the Platform;
(c) use the Platform or its content for any commercial purpose, resale, data
mining, automated scraping, or competitive analysis;
(d) circumvent, disable, or interfere with any security-related feature or
technical protection measure;
(e) access or attempt to access areas of the Platform not intended for public
use;
(f) introduce viruses, malware, or other code that may damage, disable, or
impair the Platform’s operation; or
(g) frame, mirror, or deep-link to any part of the Platform without express
written authorisation.
10.4 Third-Party Intellectual Property
10.4.1 Certain elements of the Platform (including fonts,
payment-gateway software, mapping tools, and analytics components) may
incorporate third-party IP Rights. Use of such components is governed by the
applicable third-party licence terms.
10.4.2 Nothing in these Terms shall be construed as granting any user or
Restaurant any right, title, or interest in or to any third-party intellectual
property other than the limited right of use set out herein.
10.5 Restaurant Materials
10.5.1 Menus, trade names, images, logos, and descriptions
uploaded by Restaurants remain the exclusive property of those Restaurants or
their licensors.
10.5.2 By participating on the Platform, each Restaurant grants Mersey Eats a
worldwide, royalty-free licence to display, reproduce, and distribute its
content on or in connection with the Platform and Mersey Eats’ marketing
channels.
10.5.3 Mersey Eats bears no responsibility for infringement of third-party
rights arising from Restaurant-supplied material, and you acknowledge that such
material is provided "as is.”
10.6 User Licence Back to Mersey Eats
10.6.1 Any feedback, suggestions, ideas, or improvements
that you voluntarily submit to Mersey Eats shall be deemed non-confidential and
non-proprietary.
10.6.2 You hereby grant Mersey Eats a perpetual, irrevocable, worldwide,
royalty-free licence to use, copy, modify, and incorporate such feedback for
any purpose without attribution or compensation.
10.7 Software Updates and Modifications
10.7.1 Mersey Eats may, from time to time, deploy patches,
updates, or modifications to the Platform for security, functional, or
regulatory reasons.
10.7.2 Such updates may occur automatically or require manual installation.
Continued use of the Platform following an update constitutes acceptance of the
modified version and these Terms as amended.
10.8 Termination of Licence
10.8.1 Mersey Eats may terminate or suspend your Licence
immediately and without notice if you breach any provision of these Terms.
10.8.2 Upon termination, you must cease all use of the Platform and destroy or
delete any copies of material derived from it.
10.8.3 Termination of the Licence does not affect any accrued rights or
remedies of either party nor ongoing obligations intended to survive
termination, including those relating to IP ownership and confidentiality.
10.9 Reservation of Rights
10.9.1 All rights not expressly granted to you under this
Section 10 are reserved to Mersey Eats and its licensors.
10.9.2 No licence or right is granted by implication, estoppel, or otherwise
except as expressly set out in these Terms.
11. DISCLAIMERS AND LIMITATION OF LIABILITY
11.1 General Disclaimer
11.1.1 The Platform and all information, content, materials, and services available through it are provided on an "as-is” and "as-available” basis.
11.1.2 While Mersey Eats endeavours to keep the Platform functional, accurate, and secure, we make no express or implied warranties or representations of any kind regarding:
(a) the accuracy, completeness, reliability, or availability of the Platform or any content on it;
(b) the quality, safety, suitability, or taste of any food or beverage supplied by Restaurants;
(c) delivery times, driver conduct, or order fulfilment; or
(d) the uninterrupted or error-free operation of the Platform or any associated technology.
11.1.3 Your use of the Platform and reliance on any information obtained from it are entirely at your own risk.
11.2 Restaurant Actions and Omissions
11.2.1 The legal contract for the supply of food and related products is between you and the Restaurant that accepts your order.
11.2.2 Mersey Eats has no control over the actions, omissions, or quality standards of Restaurants and disclaims, to the fullest extent permitted by law, all liability for:
(a) the preparation, hygiene, packaging, delivery, or description of any menu item;
(b) errors or omissions in menus, pricing, or allergen information; and
(c) any loss, damage, or injury arising out of the consumption of food or beverages supplied by Restaurants.
11.2.3 Restaurants are solely responsible for compliance with food-safety, health, licensing, and consumer-protection regulations applicable to their operations.
11.3 Platform Availability and Technical Risks
11.3.1 While we endeavour to ensure the Platform is normally available twenty-four (24) hours a day, Mersey Eats does not guarantee continuous availability and shall not be liable for temporary suspension, maintenance downtime, or technical failures.
11.3.2 Access may be suspended without notice in the event of system updates, network issues, or security threats.
11.3.3 Transmission of data over the Internet is inherently insecure. Mersey Eats cannot guarantee that communications or stored information will be completely free from unauthorised access, loss, or alteration.
11.4 Accuracy of Information
11.4.1 Information displayed on the Platform—such as menus, prices, descriptions, delivery times, and promotions—is provided by Restaurants and may change without notice.
11.4.2 Mersey Eats is not responsible for typographical errors, outdated data, or discrepancies between menu items and those supplied.
11.5 Third-Party Services and Links
11.5.1 The Platform may contain links to or integrations with third-party websites or services, including payment processors, mapping providers, and social-media tools.
11.5.2 Mersey Eats has no control over and accepts no responsibility for such third-party websites, their content, privacy policies, or availability.
11.5.3 Accessing any linked third-party site is at your own risk.
11.6 No Warranties
11.6.1 To the maximum extent permitted by law, Mersey Eats excludes all implied conditions, warranties, representations, or other terms that may otherwise apply to the Platform, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement.
11.7 Exclusion of Liability
Subject always to clause 11.8, Mersey Eats shall not, under any circumstances and whether in contract, tort (including negligence), breach of statutory duty, or otherwise, be liable for:
(a) loss of profits, revenue, business, or goodwill;
(b) loss or corruption of data or information;
(c) loss of anticipated savings or business opportunity;
(d) indirect, consequential, or special losses;
(e) delay or failure in performance caused by events outside our reasonable control (see Section 12); or
(f) any loss or damage arising from the actions or omissions of any Restaurant, driver, or third-party service provider.
11.8 Statutory Rights and Non-Excludable Liability
11.8.1 Nothing in these Terms shall exclude or limit liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that cannot be excluded or limited under applicable law.
11.8.2 Nothing in these Terms affects your statutory consumer rights under the Consumer Rights Act 2015, the Consumer Protection from Unfair Trading Regulations 2008, or other applicable UK legislation.
11.9 Limitation of Liability
11.9.1 Subject to clause 11.8, Mersey Eats’ total aggregate liability to you in respect of all claims, losses, or causes of action arising out of or in connection with these Terms, the Platform, or any order shall, in all circumstances, be limited to the greater of:
(a) twice the value of the order giving rise to the claim; or
(b) £100 (one hundred pounds sterling).
11.9.2 Each provision of this Section 11 shall be construed as a separate and independent limitation of liability.
11.10 User Responsibility
11.10.1 You acknowledge that the Platform is provided for personal, non-commercial use and that you assume full responsibility for your use of it.
11.10.2 You agree to take all reasonable precautions, including verifying order details, allergen information, and delivery addresses, prior to confirming an order.
11.11 Additional Costs
11.11.1 You are solely responsible for any costs associated with accessing or using the Platform, including Internet, data, and equipment charges.
11.11.2 Mersey Eats shall not be liable for any expense incurred as a result of equipment maintenance, repair, or adaptation required to access the Platform.
11.12 No Guarantee of Uninterrupted Service
11.12.1 Mersey Eats does not guarantee that the Platform, or any content on it, will always be available, error-free, or secure.
11.12.2 Access may be suspended or restricted to carry out maintenance, upgrades, or improvements. We will endeavour to provide reasonable notice where practicable.
12. FORCE MAJEURE, TERMINATION AND EVENTS BEYOND CONTROL
12.1 Force Majeure Events
12.1.1 Mersey Eats shall not be liable or responsible for any delay in performance or failure to perform any of its obligations under these Terms to the extent that such delay or failure is caused by a Force Majeure Event.
12.1.2 A Force Majeure Event means any act, event, non-occurrence, omission, or accident beyond our reasonable control, including (without limitation):
(a) strikes, lock-outs, industrial or labour disputes;
(b) civil commotion, riot, invasion, terrorist attack or threat of attack, war (declared or undeclared) or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster;
(d) failure or interruption of public or private telecommunication networks, internet service, or power supply;
(e) impossibility of the use of railways, road transport, shipping, or air travel;
(f) acts, decrees, legislation, regulations, or restrictions of any government or competent authority; or
(g) any other circumstance rendering performance impracticable despite the exercise of reasonable diligence.
12.2 Consequences of Force Majeure
12.2.1 During a Force Majeure Event, Mersey Eats’ obligations shall be suspended for the period of the event, and the time for performance shall be extended for the duration of such period.
12.2.2 Mersey Eats shall use all reasonable endeavours to bring the Force Majeure Event to an end or to find a practical solution enabling performance to continue.
12.2.3 If a Force Majeure Event continues for more than thirty (30) days, either party may terminate the affected obligations immediately upon written notice without liability.
12.3 Termination by Mersey Eats
12.3.1 Mersey Eats may, in its sole discretion, suspend or terminate your access to the Platform at any time, immediately and without notice, if it reasonably believes that:
(a) you have materially breached these Terms;
(b) you have engaged in fraudulent, abusive, or unlawful activity;
(c) you have created multiple accounts or misused promotions;
(d) continued use poses a security or reputational risk to Mersey Eats, its partners, or users; or
(e) it is required to do so by law or regulatory order.
12.3.2 Upon termination, all licences and rights granted to you under these Terms shall immediately cease, and you must promptly discontinue all use of the Platform.
12.3.3 Termination shall be without prejudice to any rights, remedies, or liabilities accrued up to the date of termination.
12.4 Termination by the User
12.4.1 You may close your account at any time by using the account-closure function or by notifying support@mersey-eats.co.uk
in writing.
12.4.2 Termination by you shall not affect any obligations or liabilities incurred prior to closure, including payment for completed orders.
12.5 Effect of Termination
12.5.1 Following termination, Mersey Eats may retain transactional and personal data as required by law, regulatory obligations, or legitimate business purposes as set out in the Privacy Policy.
12.5.2 All provisions which by their nature are intended to survive termination—including clauses relating to intellectual-property ownership, confidentiality, limitation of liability, and governing law—shall remain in full force and effect.
12.6 Suspension for Maintenance or Security
12.6.1 Mersey Eats reserves the right to suspend access to the Platform temporarily for system maintenance, security upgrades, or improvement of functionality.
12.6.2 Where reasonably practicable, advance notice of scheduled maintenance will be posted on the Platform.
12.7 Notice Requirements
12.7.1 Any formal notice under these Terms must be given in writing and delivered:
(a) by email to support@mersey-eats.co.uk
(for notices to Mersey Eats); or
(b) to the email address registered in your user account (for notices to you).
12.7.2 Notices sent by email shall be deemed received twenty-four (24) hours after transmission unless a delivery-failure message is returned.
12.8 No Waiver
12.8.1 No failure or delay by Mersey Eats in enforcing any right or remedy under these Terms shall operate as a waiver of that or any other right or remedy.
12.8.2 A waiver shall be effective only if it is in writing and signed by an authorised representative of Mersey Eats.
12.9 Severability
12.9.1 If any provision of these Terms is found by a court or competent authority to be invalid, unlawful, or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full force and effect.
12.10 Assignment
12.10.1 You may not assign, transfer, or otherwise dispose of any of your rights or obligations under these Terms without Mersey Eats’ prior written consent.
12.10.2 Mersey Eats may assign or transfer its rights and obligations to an affiliate, successor, or purchaser of its business without requiring further consent, provided that such assignment does not materially affect your rights under these Terms.
12.11 Entire Agreement
12.11.1 These Terms, together with the Privacy Policy and Cookies Policy, constitute the entire agreement between you and Mersey Eats regarding the use of the Platform and supersede all prior discussions, understandings, or arrangements.
12.12 Governing Law and Jurisdiction
12.12.1 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of England and Wales.
12.12.2 The courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim, subject always to any mandatory consumer-protection rights applying in your country of residence within the United Kingdom.
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