Terms & Conditions

PARKNIC LIMITED – TERMS FOR CUSTOMERS AND WEBSITE VISITORS

These terms and conditions ("Terms") will apply to your access and use of this website www.parknic.co.uk (“Website”) and the purchase of any products or services via this Website. This Website is owned and operated by Parknic Limited of 20-22 Wenlock Road, London N1 7GU ("we", "our" or "Parknic").

You should read these Terms carefully before ordering any products through the Website. By accessing any part of the Website, you indicate that you accept these Terms.
By ordering products through the Website at any time now or in the future, you agree to be bound by these Terms. Use of the Website is also subject to these Terms. These Terms are only provided in the English language.

References to "Website" in these Terms include any current or future version of our Website www.parknic.co.uk and any Parknic mobile application through which you access and use our Website, in each case whether accessed through any current or future platform or device (including without limitation any mobile website or mobile application for accessing and using our Website that may be developed from time to time).

References to "Partner" or "Partners" refers to the selected restaurant or caterer which you the consumer has selected to provide the menu of choice. The Partner is fully responsible for the menus listed, production and setting the times and locations of pick up or delivery. Further details of our Partners can be found staging.parknic.co.uk/restaurants 

We may change these Terms from time to time by changing them on this page at which point they will apply to orders placed after the relevant change. We advise you to print a copy of these Terms for future reference.

You should check the Website regularly to review the current Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.

Use of your personal information submitted via the Website is governed by our Privacy Notice and Cookies Policy.

TERMS AND CONDITIONS OF USE AND SALE

1. INTRODUCTION AND OUR ROLE
1.1. Company details: Parknic LIMITED is a company registered in England and Wales with registered company number 10857003, whose registered office is at 20-22 Wenlock Road, London, N1 7GU.
1.2. Product Orders: This Website provides a means for you to place your orders (“Order” or "Orders") for selected menus and related food and drink products (“Product” or "Products") to our Partners in the UK (“Partner” or "Partners") displayed on the Website. When you place an Order that is accepted by the Partner, a legal contract for the supply and purchase of Products is created between you and the relevant Partner that you place your Order with; we will conclude the sale of Products on behalf of, and as agent for, the Partners in all cases. Whilst these Terms will determine the terms of such contract for the sale of Products, we are not party to such contract for the supply by the Partner and purchase by you of Products supplied by the Partner. Accordingly, any complaints or claims you may wish to make or bring in respect of the Products or their delivery should be made directly to or against the Partner. You are also referred to paragraph 6.3 below, which explains further about how your complaints are managed.
1.3 Delivery Services: The Partners on our Website provide their own delivery service in order to bring the Product(s) you order to you, if delivery is a service you require. In this case, the Partner may charge you a delivery fee plus VAT (which we will collect on behalf of the Partner). Such delivery fee will be communicated to you when you place the Order for the relevant Products.

2. WEBSITE ACCESS AND TERMS
2.1. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Terms.
2.2. Responsibility: You are responsible for making all technical and other arrangements and facilities necessary for you to have access to and use the Website. You must ensure that all persons who access the Website through your Internet connection are aware of these Terms and that they comply with them.
2.3 Information you provide: You confirm that all information provided by you to us is true and accurate in all respects and at all times.
2.4. Terms of permitted use: You are permitted to use the Website for your own personal use. You are not allowed to use any of the materials on the Website for commercial purposes unless we agree in writing.
2.5 Except as stated in paragraph 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written consent.
2.6 The copyright and other intellectual property rights on the Website and in content appearing on it (including listings without graphical images) are owned by us or our licensors. Any use of extracts from the Website other than in accordance with paragraph 7.1 is prohibited.

3. YOUR STATUS
3.1. Capacity and age: By placing an Order through the Website, you warrant that:
• 3.1.1. You are legally capable of entering into binding contracts with Partner; and
• 3.1.2. You are at least 18 years old.
3.2. You agree that when you place an Order, you will register your real name, address, phone number, e-mail address and any other details requested.
3.3 By offering to purchase goods and services you authorise us to transmit information (including updated information), and to obtain information from third parties, including but not limited to, the Partners and administrators of the payment method selected.
3.3. You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the Partner directly to check that the food is suitable for you, before placing your order directly with them.
3.3. Alcohol, cigarettes, and other smoking products:
3.3.1. You acknowledge and agree that: it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol in the UK, or for any person to buy, or attempt to buy, alcohol in the UK on behalf of any person who is under the age of 18;
3.3.2. If your Order includes any alcohol, we and/or the Partner reserve the right to ask to provide proof of your age. If you are unable to provide proof that you are aged 18 or over to the satisfaction of your selected Partner, or if the Partner reasonably believes that the alcohol, you have ordered have been bought by you on behalf of someone under the age of 18, the Partner reserves the right not to complete the delivery of the alcohol to you.

4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
4.1. Your Order: Please select the Products you wish to order from the menu of your selected Partner and provide the information requested, including delivery or collection details and collection or delivery. You will be asked to press or click “add to Basket” or similar button for the relevant selected Products. After selecting the appropriate payment method, you will be asked to confirm payment. It is important that you check all the information that you enter and correct any errors before clicking or selecting this payment button; once you select the pay or proceed button or equivalent, you will be entering into a contract with the Partner and errors cannot be corrected (subject to paragraph 4.3 below).
4.2. Any orders processed by Parknic through the Website are processed by Parknic in its capacity as agent of the relevant Partner.
4.3. Changing or cancelling your Order: Once your Order has been processed and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraphs 4.4 and 5.6 for details of the process relating to rejected Orders and refunding of payment). However, if you need to cancel, edit, or rearrange your Order you should contact Parknic directly by email to via the Contact Us page as soon as possible and we will endeavour to contact the Partner to arrange a refund or arrange for another time for the Products to be collected. If you wish to cancel the Order less than 48 hours prior to delivery or collection, it is unlikely that a refund will be possible as the costs of ingredients and preparation of the Order may have started or been incurred. We cannot in any event guarantee that any request to cancel or change an Order will be agreed by the relevant Partner, regardless of how much notice is given.
4.4. Processing your Order and Partner rejections: On receipt of your payment, the relevant Partner will be notified, and we will notify you by email when your Order has been accepted by the Partner. We endeavour to ensure that our Partners refresh the Product information (availability and delivery or collection information) regularly (so that Orders placed are based on accurate information) but there will be times where Orders cannot be fulfilled. We ask our Partners to accept all Orders and communicate any rejection promptly, and we or the Partner will notify you (generally by email but by other means if appropriate) as soon as reasonably practicable if a Partner rejects your Order. However, Partners may reject Orders at any time because for any reason they are unable to fulfil the Order, for example, because of supply chain or staffing issues or any other circumstances that hinders fulfilment. In doing so, any payment made in respect of the Order will be returned to you in accordance with paragraph 5.5 below. If payment has been processed and paid to Partner, we may try to facilitate the return by the Partner of the payment to you if your Order cannot be fulfilled, but we are not responsible if the Partner fails to return the payment. Your contract is with the Partner.
4.5. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Partner.
4.6. Delivery of your Order: Our Partner is responsible for enabling collection or procuring delivery of your Order, and we are not responsibility for collection or delivery of your Order. We have no control over the collection or delivery process, other than to communicate the relevant times for collection or delivery via the Website with information given to us by the Partner. Estimated times for deliveries and collections that are provided by us (via the Website or otherwise) or the Partner are only estimates. Whilst the Partner will use reasonable efforts to meet a collection or delivery time that is confirmed by us or the Partner, neither we nor the Partner guarantee that Orders will be delivered or will be available for collection within the estimated times. If you select to have your Order delivered, you confirm that you or someone on your behalf will be present at the delivery address stated in the Order. The Partner will decide whether to leave the Order outside the delivery address if you are not present.

5. PRICE AND PAYMENT
5.1. Pricing and VAT: Prices are quoted on the Website. The Prices will state if VAT is to be charged in addition. Some items will not incur VAT, but others may. All VAT will be itemised on the order confirmation screen after selecting the products selected. The invoice will be split into the below sections.
5.1.2 Partner charges with VAT stated.
5.1.3 Parknic fee with VAT stated.
5.1.4 Delivery fee with VAT stated (if you opt for delivery instead of collection)
5.1.5 Other fees with VAT stated.
The total amount will be all charges incurred for using the Parknic service with a breakdown of the appropriate VAT charged.

5.2. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website.
5.3. Card payments: If you pay by credit or with debit card, you may be required to show the card to the Partner at the time of delivery or collection as proof of identification and so that they can check that the card corresponds with the receipt data for the Order.
5.4. Discount vouchers: We may from time to time allow discount vouchers for specified Partners as stated on the Website. A discount may apply to your Order if you use the appropriate promotional voucher or code recognised by the Website and approved by Parknic, and you pay for any balance by credit or debit card. The discount will be taken away from the overall cost of the menu selected, but excludes the fees paid to Parknic and any delivery costs if applicable. 
5.5. Orders rejected by Partner: When you submit an Order and pay by credit or with debit card and your payment has been authorised, your bank or card issuer may "ring-fence" the full amount of your Order. If your Order is then rejected by the Partner (as described in paragraph 4.4 above) or cancelled for any other reason prior to acceptance, in such event, your bank or card issuer may not transfer the funds for the Order to us, and may instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Partner will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account. In any event, Parknic will refund any payment not ring fenced and returned as described above if your Order is rejected by the Partner before acceptance.

6. MANAGING YOUR ORDER
6.1. General: If you have any issues or questions about your Order or if it is taking longer than expected, you can contact Parknic by clicking or selecting the "Contact us" option on the website. Alternatively, please contact the Partner supplying your service through their contact details listed on their Partners homepage through the Parknic system, We will attempt to contact the Partner in order to deal with your questions. The Parknic contact us page is not managed 24 hours a day so your question may take up to 24 hours to receive a response.
6.2. Changing or cancelling your Order: If you need to change or cancel your Order after payment has been authorised, you should contact the Partner using the contact details where available on the Website. You may also contact us as described above and we will attempt to contact the Partner in order to tell them of your requests. However, we may not be able to reach the Partner and in any event cannot guarantee that the Partner will agree to your requests. The Partner has a binding contract with you to supply the Order so may refuse any request, for example, where they have prepared your Order.
6.3. Complaints: If you are dissatisfied with the quality of any Products or the service provided by a Partner, you should contact the Partner directly with your complaint. Please note, however, that the legal contract for the supply and purchase of Products is between you and the Partner that you place your Order with. We have no control over Partners and the quality of the Products or service that they provide, and we are not able to provide, and have no responsibility or liability for providing any refund or other compensation to you on behalf of any Partner. Whilst Partner is responsible for any quality issues, we would like to hear from you with any feedback or complaints so we can be informed as to the level of service you are receiving and can take any action, we think necessary.

7. LICENCE
7.1. Terms of permitted use: You are permitted to use the Website for your own personal use. You are not allowed to use any of the materials on the Website for commercial purposes unless we agree in writing.
7.2 Except as stated in paragraph 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written consent.
7.3 The copyright and other intellectual property rights on the Website and in content appearing on it (including listings without graphical images) are owned by us or our licensors. Any use of extracts from the Website other than in accordance with paragraph 7.1 is prohibited.

8. WEBSITE AVAILABILITY
8.1. Website availability: We will endeavour to ensure the Website is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
8.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
8.3. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

9. DISCLOSED MATERIAL AND REVIEWS
9.1. General: Any personal data that we collect from you will be processed in accordance with our Privacy Notice. Save for personal data, if you upload, post, submit or otherwise provide, any information, reviews, or other material (“Disclosed Materials”), we may use or publish Disclosed Materials at our discretion (including adapting, copying, or combining such materials for any commercial or non-commercial use). You agree that you have the right to provide us with such materials and are responsible for the legality and obtaining of any consents to provide us with such materials.
9.2. Disclosed Material Policy: You must not post, upload, or transmit to or from the Website any Disclosed Material that is unlawful or fraudulent; breaches any applicable law; includes unauthorised advertising; or contains viruses or any other similar programs or things that may harm the Website or any computer system.
9.3. Visitor Reviews: Any Reviews that you provide via the Website must:
9.3.1. not contain any defamatory, obscene, or offensive content.
9.3.2 (whilst we accept that opinion’s are subjective) be honest and truthful;
9.3.2 relate to a direct actual experience with the Website or Products and not be hearsay;
9.3.2 infringe the intellectual property rights of another person;
9.3.2. promote violence, discrimination or any unlawful or illegal activity;
9.3.3. breach any legal duty owed to a third party (such as a duty of confidence);
9.3.5. infringe another person’s privacy or other rights;
9.3.7. impersonate another person or misrepresent your connection with another person.
9.4. Removal of Reviews: We have the right and may in our sole discretion remove or edit at any time any Reviews or other Disclosed Material posted to the Website to the extent that we believe the above acceptable use guidelines in clause 9.3 are contravened, or may expose us or any third parties to any damage or liability of any type.
9.5. Use of Reviews: Reviews and Disclosed Material reflect the opinions of customers who have ordered Products through the Website, and are theirs only. We assume no responsibility or liability to any person for any Reviews or other Disclosed Material, including without limitation any errors, defamation, obscenity, omissions, or illegal content.
9.7. Indemnity: If you upload or post any Reviews or other Disclosed Material to the Website, you indemnify us against any losses, claims, damages and liabilities (and all related costs including reasonable legal costs) incurred by or made against us by a Partner or any other third party arising out of or in connection with any Reviews or other Disclosed Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.
9.6. Images: Any images of food displayed on the Website are for illustration only and are provided as a design feature of the Website. Such images may not be either (a) an image of food prepared or produced by the Partner from which you choose to order; or (b) representative of the food you receive from a Partner.

10. LINKS TO AND FROM OTHER WEBSITES
10.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. We are not responsible for these websites or their content or availability and have not reviewed them. We do not recommend, endorse, or make any representation about these websites. You access such third party websites do so entirely at your own risk.
10.2. Linking permission: You may link to the Website's homepage, provided that:
10.2.1. the link is lawful and does not damage our reputation or harm us;
10.2.2. we have the right to withdraw permission to link at any time and for any reason in our absolute discretion.

11. DISCLAIMERS
11.1. Website information: We will endeavour to ensure that information on the Website is correct, but we do not represent or guarantee that it is accurate, complete, up-to-date or error free. We may make changes to the content (including Products and prices) or functionality of the Website, at any time without notifying you, so you should be careful to monitor any changes from time to time if you use the Website multiple times.
11.2. Allergy, dietary and other menu information: Our Partners provide us with up-to-date menu information that we include this on their dedicated part of the Website. If this information includes allergy or other dietary information or instructions, we will endeavour to include this information on the Website as it appears on the restaurant's menu. However, it is the Partner’s responsibility to provide you with any relevant dietary information and if you have a concern about food allergies, intolerances, or other dietary issues, you should always contact the Partner directly before placing your order.
11.3. Your contract with Partner: When an Order is accepted in accordance with clause 4.1, the legal contract for the supply and purchase of Products is between you and the Partner that you place your Order with. We have no control or responsibility over or in relation to the actions or omissions of any Partners. Accordingly, you acknowledge and accept the following by using the Website:
• We do not give any warranty or other contractual commitment that the Products ordered from any Partner through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties or commitment.
• Estimated times for deliveries and collections that are communicated to you via this Website are provided by the Partners and are only estimates. Neither we nor the Partners guarantee or undertake that Orders will be delivered or will be available for collection within any estimated times.
• We ask our Partners to accept all Orders and communicate any rejection promptly, and we or the Partner will notify you (generally by email but by other means if appropriate) as soon as reasonably practicable if a Partner rejects your Order. However, Partners may reject Orders at any time because for any reason they are unable to fulfil the Order, for example, because of supply chain or staffing issues, if you fail to provide proof of age for purchases of alcohol, or any other circumstances that hinder fulfilment.
• The above disclaimers do not affect your statutory rights against any Partner.
11.4. Exclusion of terms: To the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise ).

12. LIABILITY
12.1. General: Nothing in these Terms affects your statutory rights. Nothing in these Terms excludes or limits the liability of Parknic or the Partner for death or personal injury arising from negligence, liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
12.2. Limitation of liability: Subject to clauses, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it including the sale and purchase of Products, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of your Order or £50, whichever is higher.
12.3. Exclusion of liability: Subject to clause 12.1, we nor the named Partner will under any circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Website or the sale or delivery of Products (including the use, inability to use or the results of use of the Website) for any loss of profits or revenue, loss or corruption of information or loss of business (whether direct or indirect) or any indirect or consequential loss.

13. TERMINATION
We may terminate or suspend (at our absolute discretion) your right to use the Website (and to prevent future access) immediately without notice, if we believe in our sole discretion that you are in material breach of these Terms. Upon termination or suspension, you must immediately destroy any downloaded or printed extracts from the Website.

14. WRITTEN COMMUNICATIONS
When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. Parknic, any Partner and you all agree that all contracts, notices, information, and other communications that we or Partner provide to you by email or otherwise electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15. EVENTS OUTSIDE OUR CONTROL
15.1. We nor our Partners will be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control including but not limited to : strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack, epidemic or pandemic, war or threat of war; fire, explosion, storm, flood, earthquake, epidemic or other natural disaster; unavailability of railways, shipping, aircraft, or other means of public or private transport; unavailability of public or private telecommunications networks; and governmental acts, decrees, legislation, regulations or restrictions (each such event being a "Force Majeure Event").
15.2. Any obligations under these Terms are suspended for the period that any Force Majeure Event continues.

16. ADDITIONAL TERMS
16.1. Privacy Notice: All personal data that we collect from you will be processed in accordance with our Privacy Notice. You should review our Privacy Notice and Cookies Policy.
16.2. Severability: If any of these Terms are held by any Court or competent authority to be invalid or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
16.3. Entire agreement: These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, terms and conditions or agreement between us relating to the subject matter of these Terms.
16.4. No waiver: Any failure or delay by us in enforcing (in whole or in part) any provision of these Terms will not be treated as a waiver of our rights or remedies.
16.5. Assignment: You shall not transfer any of your rights or obligations under these Terms without our prior written consent, which we may refuse at our discretion. We may transfer or assign any of our rights or obligations under these Terms without your prior written consent.

17. GOVERNING LAW AND JURISDICTION
17.1. These Terms shall be governed by English law. You can bring legal proceedings in respect of Terms in the English courts. If you are resident in a part of the United Kingdom other than England or any other Member State of the European Union, you can bring legal proceedings in either the English courts or the courts of your home country.
17.2 As a consumer, you have the benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on or use such mandatory provisions of local law.