WEB AND APP TERMS AND CONDITIONS AND ALLERGY POLICY
1.1. What these terms cover. These are the terms and conditions (“Terms”) on which we, [Alpha Cars] (trading as Alpha Grab) (“we” and “us” and “our” should be construed accordingly) provide access to www.alphagrab.co.uk (“Website”) and Alpha Grab (“App”) for you to be able to order food delivery, convenience foods/goods and other retail products (“Products”) for delivery (such delivery services being referred to as the “Delivery”) or takeaway from local restaurants/takeaways/convenience stores/businesses (“Suppliers” and “Supplier” shall be construed accordingly).
1.2. Why you should read them. Please read these Terms carefully before you submit your order via the Website or App. These Terms tell you who we are, how we will provide access to our Website and App. These Terms also tell you what to do if there is a problem and other important information.
1.3. Exclusion of other terms. These Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.4. Product orders. The Website and App provide a way for you to communicate your Orders (as defined at paragraph 3.1) for Products to Suppliers displayed on the Website and App. The legal contract for the supply and purchase of Products is between you and the Supplier that you place your Order with and we will conclude the sale of Products on behalf of, and as agent for, the Suppliers in all cases.
1.5. Delivery orders. The Website and App also provide a way for you to communicate your Orders (as defined in paragraph 3.1.) for Delivery. If an Order for Delivery is made, Delivery will usually be made by one of our partner drivers (“Driver”), although in some cases the Suppliers will themselves provide the Delivery instead. You will be notified in accordance with these Terms whether the Delivery is to be made by the Supplier or a Driver. In each case the legal contract for the supply and purchase of the Delivery is between you and the Supplier or the Driver (as applicable) that you place your Order with and we will conclude the sale of Delivery on behalf of, and as agent for, the Suppliers and Drivers in all cases.
1.6. Acceptance of these terms. By accessing any part of the Website or App, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website or App.
1.7. Revision of these terms. We may revise these Terms from time to time. Every time you wish to use our Website or App, please check these Terms to ensure you understand the terms that apply at that time.
2.1. Who we are. We are Alpha Cars (trading as Alpha Grab) a company registered in England and Wales. Our company registration number is and our registered office is at 89 Fengate, PE15BA. Our registered VAT number is 153808308.
2.2. How to contact us. You can contact us by telephoning our customer service team using the number displayed on the Website and App or by writing to us at firstname.lastname@example.org or 89 Fengate PE15BA.
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. Legal requirements for communication. Applicable laws require that some of the information or communications we send to you should be in writing. When accessing the Website or App 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 or App. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contract, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
3. PLACING AN ORDER AND HOW IT IS PROCESSED
3.1. The order process. To place an order (“Order”) on the Website or App please follow the onscreen prompts to select the Products you wish to order from the menu of your chosen Supplier and confirm whether or not you would like to order Delivery of the Products.. You may only submit an Order following the method set out on the Website or App. Each Order is made directly between you and the Supplier for the Products specified in the Order. If your Order includes Delivery, your Order for Delivery is made directly between you and the Supplier or the Driver (as applicable) for the supply of Delivery.
3.2. Errors in your order. Our order process allows you to check and amend any errors before submitting your Order. Please check the Order carefully before confirming it. You are responsible for ensuring that your Order is complete and accurate. It is important that any errors are corrected before submitting your Order; as once you submit your Order errors cannot be corrected.
3.3. Confirmation upon receiving your order. On receipt of your Order, we will send it to the relevant Supplier and (if applicable) Driver. We will notify you by email acknowledgement and a notification in the App that your Order has been received and is being processed, but please note that this does not mean that your Order has been accepted by the Supplier and (if applicable) the Driver. Acceptance of your Order will take place as described in paragraph 3.4 below.
3.4. Acceptance of your order. Acceptance of your Order will take place once you receive an order confirmation email and an app notification confirming that you have a contract for the sale of Products with the Supplier and (if applicable) a contract for the sale of delivery services with the Driver. However, this does not necessarily mean that your Order will be fulfilled by the Supplier and (if applicable) the Driver. We encourage all our Suppliers and Drivers to communicate any rejection promptly. However, Suppliers and Drivers have the ability to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. In doing so, Suppliers and/or Drivers (as applicable) will be in breach of their agreement with you and any payment made in respect of your Order will be returned to you.
3.5. Maximum order distance. Our Suppliers and Drivers do not accept Orders from addresses outside the UK, and also do not accept Orders from beyond the maximum delivery distance displayed on the relevant Supplier domain of the Website or App.
4.1. Complaints procedure. If you are dissatisfied with the quality of any Products or the service provided by a Supplier, you should contact the Supplier directly to lodge your complaint and, where appropriate, follow the Supplier's own complaint procedures. If you are dissatisfied with the quality of any service provided by a Driver, you should contact Us at first instance to lodge your complaint. We will pass this on to the Driver and contact you with further instructions where appropriate.
4.2. Changing or cancelling your order. Changing or cancelling an Order is not permitted once the Order has been submitted and payment has been authorised. It is at the relevant Supplier’s and (if applicable) Driver’s complete discretion whether to accept any order change or cancellation once the Order has been submitted and payment has been authorised.
4.3. Remedies. If you are dissatisfied with the quality of any Products or the service provided by a Supplier or a Driver and wish to seek a refund, a proportionate price reduction or any other compensation (“Remedy”):
4.3.1. you should contact the Supplier or Driver directly to notify them of your complaint; or
4.3.2. if you are unable to contact the Supplier or Driver, or the Supplier or Driver refuses to deal with your complaint within 48 hours of placing the Order, you can call our customer care line (details of which are set out on the Website and App) and we will attempt to contact the Supplier or Driver on your behalf.
Please note that the legal contract for the supply and purchase of the Products and Delivery is between you and the Supplier (or in relation to delivery services, if applicable, you and the Driver) that you have placed your Order with. We do not accept responsibility or liability for providing any Remedy to you on behalf of any Supplier or Driver.
4.4. Information concerning food allergies. When a Supplier signs up with us they have to provide up-to-date menu information which they then include on their dedicated page on the Website and App. If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences you should always contact the Supplier directly before placing an Order. Please DO NOT use the “leave a note for the Supplier” box for your food allergies, intolerances or other dietary preferences. Instead, you must contact the Supplier directly.
4.5. Legal relationship under these terms. The legal contract for the supply and purchase of Products is between you and the Supplier that you place your Order with. The legal contract for the supply and purchase of Delivery is between you and the Supplier or the Driver (as applicable). We have no control over the actions or omissions of any Suppliers or Drivers. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website or App:
4.5.1. we do not give any undertaking that the Products ordered from any Supplier through the Website or App will be of satisfactory quality or suitable for your purpose and we disclaim any and all such warranties;
4.5.2. estimated times for deliveries and collections are provided by the Suppliers or the Driver (as applicable) and are only estimates. Neither we nor the Suppliers nor the Drivers guarantee that Orders will be delivered or will be available for collection within the estimated times;
4.5.3. we do not give any undertaking that the Delivery ordered from any Supplier or Driver through the Website or App will be carried out with reasonable skill, care and diligence, and we disclaim any and all such warranties;
4.5.4. we encourage all our Suppliers and Drivers to accept all Orders and to communicate any rejection promptly, and will notify you as soon as reasonably practicable if a Supplier or Driver rejects your Order. However, we do not guarantee that Suppliers and Drivers will accept and fulfil all Orders. Suppliers and Drivers have the discretion to reject Orders at any time for any reason, including but not limited to: (i) because they are too busy; (ii) because you fail to provide proof of age; or (iii) due to weather conditions; and
4.5.5. the foregoing disclaimers do not affect your statutory rights against us or any Supplier or any Driver.
5. Your Obligations
5.1. Capacity. By placing an Order through the Website or App, you warrant that you are legally capable of entering into binding contracts with the Supplier and Driver.
5.2. Your obligations in respect of the products. It is your responsibility to ensure:
5.2.1. that the terms of your Order are complete and accurate; and
5.2.2. any specific food allergy or intolerance that you or anyone you are ordering for may have is notified to the Supplier directly in order to check that the Products are suitable before placing your Order.
5.3. When proof of age is required. If your Order contains alcohol, cigarettes or other smoking or age restricted products (“Age Restricted Products”) you will be asked to confirm that you are over the age of 18 and you may be required to provide proof or your age on collection or Delivery if it is reasonably believed that you may be under 18. If you cannot produce proof of age when requested by either the Supplier, the Driver or us, we and the Supplier and the Driver each reserve the right to refuse to complete the Delivery (or allow the collection) of the Age Restricted Products, and you will be offered a full refund for the Age Restricted Products.
5.4. Supplying age restricted products to third parties. If we or the Supplier or the Driver reasonably believe that the Age Restricted Products that you have purchased are to be supplied to others under the age of 18, we, the Supplier and the Driver each reserve that right to refuse to complete the Delivery (or allow the collection) of the Age Restricted Products to you and you will be offered a full refund for the Age Restricted Products.
6. Price and PAYment
6.1. Pricing. Prices will be as quoted on the Website or App. Separate prices will be quoted for each Product and the Delivery. These prices include VAT. In addition to the prices for the Products and (if applicable) the Delivery, an administration charge may be levied by us for the use of the Website and App. This charge will be added to the total amount due via the Website and App ordering process, where applicable.
6.2. Errors in pricing. The Website and App contain a large number of menus and it is possible that some of the menus may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website or App, the Supplier will contact you before the relevant Order is dispatched. In such an event, neither we nor the relevant Supplier is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of the incorrect pricing.
6.3. Time of payment. Payment for Orders must be made by an accepted credit or debit card through the Website or App only on placing your Order.
6.4. Time for payment to process. Please note that from time to time there may be delays with the processing of card payments and transactions, this may result in payments taking up to 60 days to be deducted from your bank account or charged to your credit or debit card.
6.5. Discount voucher application. A discount may apply to your Order if you use a promotional voucher or code recognised by the Website and App and endorsed by us, and you pay for any balance by credit or debit card. Please refer to paragraph 15 for further details in respect of the use of vouchers.
6.6. Additional payment process information. Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will “ring-fence” the full amount of your Order. If your Order is subsequently rejected by the Supplier or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Supplier 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.
6.7. If payment fails to clear. If your payment for an Order does not successfully process for any reason you must ensure that full payment for the Order you have received is immediately made (“Successful Payment”). If a Successful Payment is not promptly received by us it will be your responsibility to reimburse us and/or the Supplier on written demand any costs or losses we or the Supplier sustain or incur arising directly or indirectly from your failure to make a Successful Payment.
8.1. Liability that cannot be legally limited. Nothing in these Terms limits any liability which cannot legally be limited, including liability for:
8.1.1. death or personal injury caused by negligence;
8.1.2. fraud or fraudulent misrepresentation; and
8.1.3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
8.2. Liability that is limited. Subject to paragraph 8.1 we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms for:
8.2.1. loss of profits;
8.2.2. loss of sales or business;
8.2.3. loss of agreements or contracts;
8.2.4. loss of anticipated savings;
8.2.5. loss of use or corruption of software, data or information;
8.2.6. loss of or damage to goodwill; and
8.2.7. any indirect or consequential loss.
8.3. Total liability limit under these terms. Subject to paragraphs 8.1 and 8.2, our total liability to you arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to £100 or twice the value of your Order, whichever is lower.
9.1. Limit to liability caused by an event outside our control. We will not 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 any act, event, non-occurrence, omission or accident beyond our reasonable control (“Event Outside Our Control”).
9.2. What happens if an event outside our control occurs. If an Event Outside Our Control takes place that affects the performance of our obligations:
9.2.1. we will contact you as soon as reasonably possible to notify you; and
9.2.2. our obligations under these terms will be suspended and the time for performance of our obligations will be extended for a reasonable duration of the Event Outside Our Control..
10. Website and App Access
10.1. Website and app availability. While we try to ensure the Website and App are normally available 24 hours a day we do not undertake any obligation to do so and the Website and App may be unavailable at any time and for any period of time.
10.2. Website and app access. Access to the Website and the App may be suspended at any time without notice.
10.3. Permitted use of the website and app. You are permitted to use the Website and App and print and download extracts from the Website and App for your own personal non-commercial use on the following basis:
10.3.1. you must not misuse the Website or App for any illegal or improper purpose;
10.3.2. you must not modify the digital or paper copies of any material that you print or download in accordance with paragraph 10.3 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text;
10.3.3. you must not use any of the materials on the Website or App, or the Website or App themselves, for commercial purposes without obtaining a licence from us to do so; and
10.3.4. unless otherwise stated, the copyright and other intellectual property rights in the Website and App and in the material published on them (including without limitation photographs and graphical images) are owned by us or the Supplier or our licensors. These works are protected by copyright law and all rights are reserved any use of extracts from the Website or App other than in accordance with paragraph 10.3 is prohibited.
10.4. Limitation on use, reproduction and storage of the website and app. Except as stated in paragraph 10.3 the Website and App and any part of the Website and App may not be used, reproduced or stored in any way on another website including any public or private electronic retrieval system or service without our prior written permission.
10.5. Description and illustrations on the website and app. Any descriptions or illustrations on our Website and App are published for the sole purpose of giving an approximate idea of the Products described in them. They will not form part of these Terms or have any contractual force.
11. Visitor Material
11.2. Your warranty in respect of visitor material you post. You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 11.3 and 11.4 below.
11.3. Prohibited visitor material. You are prohibited from posting, uploading or transmitting to or from the Website or App any Visitor Material that:
11.3.1. breach any applicable national or international law;
11.3.2. is unlawful or fraudulent;
11.3.3. amounts to unauthorised advertising; or
11.3.4. contains viruses or other harmful programs.
11.4. Further prohibited visitor material. Any Visitor Material that you submit through the Website or App must not:
11.4.1. contain any defamatory, obscene or offensive material;
11.4.2. promote violence or discrimination;
11.4.3. infringe the intellectual property rights of another person;
11.4.4. breach any legal duty owed to a third party;
11.4.5. promote illegal activity or invade another’s privacy;
11.4.6. give the impression that they originate from us; or
11.4.7. be used to impersonate another person or to misrepresent your affiliation with another person.
11.5. Our right to remove and edit visitor material. The prohibitive acts listed in paragraphs 11.3 and 11.4 are non-exhaustive we reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Visitor Material posted, uploaded or transmitted to the Website or App that we determine breaches a prohibition in paragraphs 11.3 or 11.4, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
11.6. Limitation to our responsibility for visitor material. Visitor Material contained on the Website and App is for information purposes only and does not constitute advice from us. Visitor Material reflects the opinions of customers who have ordered through the Website or App or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such material.
11.7. Your indemnity. You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Supplier or any other third party arising out of or in connection with any Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 11.
11.8. Your acknowledgment. You acknowledge that we will fully cooperate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Visitor Material in breach of paragraphs 11.3 or 11.4 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
12. LINKS TO AND FROM OTHER WEBSITES
12.1. Links to third party websites. Links to third party websites on the Website or App are provided solely for your convenience. If you use these links you will leave the Website or App. We do not review or control any of these third party websites and are not responsible for these websites’ content or availability. We do not endorse or make any representation about these websites or their content or the results from using such websites or content. If you decide to access any of the third party website links on the Website or App you do so entirely at your own risk.
12.2. Permitted linking to our website. You may link to the Website’s homepage (www.peterboroughgrab.co.uk) provided that:
12.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;
12.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
12.2.3. any website from which you link must comply with the content standards set out in these Terms; and
12.2.4. we have the right to withdraw linking permission at any time and for any reason.
13.1. Information on our website and app. While we try to ensure that information on the Website and App is correct it may be inaccurate or incomplete. We may make changes to the material on the Website or App, or to the functionality, products and prices described on them at any time without notice. The material on the Website and App may be out of date, and we make no commitment to update that material.
13.2. Images on our website and app. Any images of products displayed on the Website or App are provided as a design feature and may not be either an image of the Product produced by the Supplier from which you choose to order or representative of the Product you receive from a Supplier.
13.3. Exclusions. We provide you with access to and use of the Website and App on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and App and your use of them.