Terms And Conditions
Welcome to Scunny Eats! These Terms and Conditions ("Terms") govern your use of the Scunny Eats website and services. By accessing or using our website, you agree to comply with these Terms. Please read them carefully.
Our Details
Scunny Eats is a food delivery platform owned and operated by Cube Incorporated. Our company registration number is 13758428. If you have any questions or concerns regarding these Terms, you can contact us via the website.
Your responsibility for others who use our website
If you allow others to access our website using your device or internet connection, you are responsible for their compliance with these Terms. Ensure that they understand and adhere to these Terms while using our website.
Other documents governing our website
These Terms supplement any other agreements or policies that may apply to specific services or features of our website. In the event of any conflict between these Terms and other documents, the provisions of the specific agreement or policy will prevail. In addition to these Terms of Use, your use of our website is also governed by the following documents:
Our privacy policy, which is available at www.scunnyeats.co.uk/privacypolicy. Our privacy policy governs our use of your information. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.
Our cookies policy, which is available at www.scunnyeats.co.uk/cookiepolicy . Our cookies policy governs our use of cookies and similar technologies on our website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.
Availability Of Our Website
We strive to ensure that our website is available at all times, but we cannot guarantee uninterrupted access due to factors beyond our control. We reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the website for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.
Our website is provided for users in the United Kingdom only. Although it may be possible to access the website from other countries, we make no representation that our website is compliant with any legal requirements in force in any jurisdiction other than the United Kingdom, or that the content available on the website will be appropriate for users in other countries or states.
Changes We May Make
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our website. It is your responsibility to review the terms periodically. Continued use of our website after any modifications constitutes acceptance of the revised terms.
1. Reflecting changes in our business operations.
2. Adapting to modifications on our website, such as new features, functionality, notification methods, content, purpose, or availability.
3. Providing accurate descriptions of our current data-processing practices to keep you informed of our latest procedures.
4. Informing you of any alterations in the use of cookies or similar technologies.
5. Ensuring compliance with current and future applicable laws, regulations, and official guidelines.
If required by law, we will notify you of any changes to these Terms of Use or other referenced documents by posting a notice on our website and/or publishing an updated version of the Terms of Use or other documents with a new effective date at the beginning.
By continuing to access our website after we have updated our Terms of Use, terms of sale, and/or user content agreement, you agree to be bound by the updated versions. Additionally, if we update our privacy policy and/or cookies policy, you acknowledge that the revised practices outlined in those policies will govern the handling of your information and our use of cookies and similar technologies.
To ensure you are aware of the current terms that apply to you, it is essential to review these Terms of Use and all other referenced documents each time you access our website.
The "effective date" of these Terms of Use and other documents (including the privacy policy and cookies policy) indicates the date of the most recent amendment, and it is stated at the top of each respective document.
Your Account Details
To use certain features of our website, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. Notify us immediately of any unauthorized use or security breach.
By accessing our services and using your account, you agree to the following terms
Confidentiality of Account Information;
Any account information provided to you, such as user name, identification number, account code, and password, must be kept confidential and not disclosed to anyone.
The account information is strictly for the named account holder's use and should not be shared with others.
You are solely responsible for any unauthorized access to your account resulting from the disclosure of your account information to a third party.
Selection of Login Information
When given the option to choose your own login information, including a password, we recommend using unique credentials specific to this website.
Avoid using information from other accounts you may have on different websites or any easily discoverable personal information.
You are accountable for any consequences resulting from unauthorised access to your account due to the disclosure of your login information to a third party.
Unauthorised Account Access
Using another user's account without permission is strictly prohibited.
During the registration process, you must provide accurate and complete information about yourself.
You agree not to solicit, collect, or use the login credentials of other individuals.
Creating an account for anyone other than yourself is prohibited.
You confirm that all information provided during registration and at any other time is true, accurate, current, and complete.
You agree to keep your information updated to ensure its truthfulness and accuracy.
Account Access Termination
We reserve the right to withdraw access to your account without notice if we suspect a breach of these Terms of Use or any related documentation.
This includes situations where unauthorised access to your account or unauthorised disclosure of your login information is suspected.
Compromised Login Information
If you know or suspect that the confidentiality of your login information has been compromised (e.g., disclosed to a third party), you must immediately change your password.
If you are unable to change your password, please contact us promptly through our live chat to report the issue.
Ownership Of Material On Our Website
All materials on our website, including text, graphics, logos, images, and software, are owned or licensed by us and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.
Permitted Use Of Materials On Our Website
You may access, view, and use the materials on our website solely for personal, non-commercial purposes, in accordance with these Terms. Any unauthorized use or violation of these Terms may result in termination of your access to our website.
Prohibited Uses Of Our Website
You are strictly prohibited from reproducing, duplicating, copying, or reselling any part of our website or its content, unless expressly permitted in these Terms of Use.
Without our prior written consent, you must not access, interfere with, damage, or disrupt our website or any of its components, including our systems, hardware, equipment, networks, software used to create or modify the website, or any technology owned or operated by us or any third party.
Your use of our website must be lawful and in accordance with these Terms of Use. Specifically, you must not;
1. Engage in any unlawful activities or violate any applicable local, national, or international laws or regulations.
2. Utilise the website for fraudulent purposes.
3. Engage in unsolicited or unauthorised advertising, direct or indirect marketing, spamming, or promoting goods, services, or businesses without our authorization.
4. Upload, host, or transmit any harmful programs or code, including viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, logic bombs, time bombs, or any other content that may adversely affect the website, our hardware or systems, or the devices of users or third parties. You must also refrain from uploading any content or materials that contain such harmful content.
5. Communicate with or harm children in any way.
6. Engage in any activity that violates these Terms of Use or the terms specified in any documents referenced by these Terms of Use.
You must not submit any sensitive personal information to us. This includes information that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, information related to health, sex life, or sexual orientation. In the event that you unintentionally or intentionally submit such information to us, it will be considered your consent to our processing of that information under the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769).
Viruses And Other Harmful Content
We make efforts to maintain a secure website, but we cannot guarantee that it will be free from viruses or other harmful content. It is your responsibility to use appropriate antivirus software and ensure the security of your devices while accessing our website.
Links To Other Websites
Our website may contain links to third-party websites. These links are provided for your convenience, but we do not endorse or assume any responsibility for the content, products, or services offered on these websites. Accessing third-party websites is at your own risk.
Links To Our Website
Prior written consent is required before linking to our website. If you have obtained our consent to link to our website, you are permitted to provide links on other websites that you own, as long as those websites and the use of any links comply with these Terms of Use. When posting a link to our website on any other website, it must be done in an appropriate manner and must not be defamatory, disparaging, or misrepresentative of us or our business. The link should not cause any harm to us or our business.
Additionally, you are not allowed to link to our website to imply any form of joint venture, partnership, collaboration, affiliation, business relationship, approval, or endorsement unless you have obtained our prior written consent. We reserve the right to withdraw permission to link to our website at any time. If we inform you of the withdrawal, you must promptly remove any links to our website or ensure their removal.
Refunds
You have the legal right to receive goods that match their description, are of satisfactory quality, and meet any specific requirements you communicated to us and we agreed upon before placing your order. If you believe that the items you received do not meet these legal rights, please inform us. In such cases, we may ask for a photograph depicting the issue if it is visible through inspection of the items.
We will refund or provide an account credit for the affected portion of the item, as well as the delivery charges if the entire order was impacted, unless we have reasonable grounds to believe that the problem occurred after delivery.
Before processing your refund or account credit, we may consider relevant factors such as the order details, your account history, the circumstances surrounding the delivery, and information provided by our partners.
Exclusions And Limitations Of Liability
We will not exclude our liability to you if it would be unlawful to do so. For example, we are responsible for any death or personal injury caused by our negligence. If the applicable law does not allow certain limitations of liability to apply to you, those limitations will only apply to the maximum extent permitted by the law.
Please note that if you purchase goods or services from our website, different exclusions of liability may apply. These can be found in our terms of sale.
By using our services, you agree that we are not liable for any content or the defamatory, offensive, or illegal conduct of any third party. The risk of harm or damage from such matters solely rests with you.
In the event that you suffer any damages, losses, or injuries arising from our acts or omissions, you acknowledge that such damages, if any, are not irreparable or sufficient to entitle you to an injunction preventing the exploitation of any website, service, property, product, or other content owned or controlled by us. You also agree that you have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition, or exploitation of any website, property, product, service, or other content owned or controlled by us.
If any provisions of this clause 14 (EXCLUSIONS AND LIMITATIONS OF LIABILITY) are unenforceable as complete exclusions of liability, they will be interpreted as limitations on liability, restricting our liability to you to the maximum extent permitted by the law.
Indemnification
By operating an account or engaging in activities on the website, you (including any third party acting on your behalf) agree to defend us (at our request), indemnify us, and hold us harmless from any claims, liabilities, damages, losses, and expenses. This includes reasonable legal and attorney fees and costs arising from the following circumstances, whether as a result of your direct actions on the website or actions conducted on your behalf:
1. Your uploads, access to, or use of the website.
2. Your breach or alleged breach of these Terms of Use.
3. Your violation of any third-party rights, including intellectual property rights, publicity rights, confidentiality rights, property rights, or privacy rights.
4. Your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities, including regulatory, administrative, and legislative authorities.
5. Any misrepresentation made by you.
You will fully cooperate with us in the defence of any claim. We reserve the right to assume exclusive control and defence of any matter that you are required to indemnify us for. In any case, you will not settle any claim without our prior written consent.
Disclaimers
THE WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
1. SERVICE: We make no representations or warranties regarding the service provided on the website.
2. WEBSITE CONTENT: We do not guarantee the accuracy, completeness, or usefulness of the website content.
3. USER CONTENT: We do not endorse or warrant the user-generated content on the website.
4. SECURITY: We do not guarantee the security associated with the transmission of information to the website.
We hereby disclaim all warranties, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus.
We do not guarantee that the service will be error-free or uninterrupted, that defects will be corrected, or that the service or the server making it available is free from harmful components, including viruses. We do not warrant the accuracy, completeness, or usefulness of the information (including any instructions) on the service. Your use of the website is at your sole risk. We do not warrant the lawfulness of your use of the website in any particular jurisdiction and specifically disclaim such warranties. If any jurisdiction's law limits or does not allow the disclaimer of implied or other warranties, this disclaimer may not apply to you.
By accessing or using the website, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.
We do not endorse content and specifically disclaim any responsibility or liability for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability, or other cause of action of any kind or character based upon or resulting from any content.
Governing Law And Jurisdiction
These Terms shall be governed by and construed in accordance with the English Law. Any disputes arising out of or relating to these Terms or your use of our website shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Copyright, Credit And Logo
All copyright, trademarks, and other intellectual property rights used on our website are either owned by us or licensed to us. Unauthorized use of our intellectual property is strictly prohibited.
User Content Agreement
About Us
Scunnyeats.co.uk is a website ran by CUBE INCORPORATED Limited ("we" or "us" or "CUBE INCORPORATED"), are incorporated and registered in the England and Wales, whose registered office is CHARTERHOUSE DRIVE, SCUNTHORPE, NORTH LINCS, DN163QP, United Kingdom. Our Company registration number is 13758428.
Scunny Eats is an online based business where the food is prepared by independent restaurants (our "Partner Restaurants") and delivered by Scunny Eats sub contracted drivers on behalf of the stores.
Availability
Scunny Eats offers an ordering and delivery service from our Partner Restaurants throughout North Lincolnshire and elsewhere in the UK. Every restaurant has a designated delivery area to ensure that meals are delivered to your doorstep when they are at their optimal quality. If you reside outside these delivery areas, unfortunately, you will not be able to place an order. The operating hours may differ based on local trading conditions and the availability of our partner restaurants and drivers.
Orders
When you place an order through our service, an email will be sent confirming your order has been received and accepted by Scunny Eats. You will act on your own behalf and not for any other person when you place an order with us. Scunny Eats will act as agent on behalf of the Partner Restaurant when we accept your order to conclude sales of meals to you. The contract for the supply of any meal you order through us will be between you and the Partner Restaurant and will only be formed when you have been sent the confirmation email by us.
Please ensure that you have given us a correct email address as this is how we will communicate with you about your order. Please also ensure that you provide an accurate address and telephone number to ensure that your meals arrive at the correct location. If you do not open the door or respond to telephonic correspondence within 10 minutes of our delivery drivers physically reaching your address, we reserve the right to leave the premises, and you will be charged for the meal. Scunny Eats seeks to provide a quality service and will be the first contact in the event there is a problem with your meal, either in regards to food quality and/or temperature. We do monitor our Partner Restaurants very closely, and it is of utmost importance to us that they comply with our standard.
Order Policies
Availability of Meals
Please note that all meals are subject to availability. In the event that your desired meal is unavailable, your Partner Restaurant may propose an alternative option for you.
Allergen Information
Some of our Partner Restaurants incorporate nuts in the preparation of specific meals. If you have any allergies, we recommend contacting the Partner Restaurant before placing your order to inquire about allergen-related concerns.
Allergen Guarantee
It is important to understand that Scunny Eats cannot ensure that the meals offered by our Partner Restaurants are completely free of allergens. We advise exercising caution and taking necessary measures if you have specific dietary requirements or allergies.
Delivery Service And Timings
At our core, we strive to offer the finest delivery service available, with a goal of completing deliveries within an hour. However, we acknowledge that unforeseen circumstances, such as traffic conditions and weather, can occasionally impede our ability to meet this target. Rest assured, we are committed to making every effort to ensure that your order arrives within the specified timeframe as mentioned in the email and web page. The timing of your order is determined by considering factors such as order volume and the prevailing conditions experienced by our partner restaurant at that particular time.
Order Cancellation
You are entitled to cancel an order within a reasonable timeframe and prior to its preparation. To cancel an order, simply reach out to Scunny Eats. Both Scunny Eats and the store reserve the right to cancel any order and will inform you promptly upon cancellation. You will not incur any charges for orders cancelled in accordance with this provision. If you have made a payment before an order is cancelled by us or the store, it will typically be refunded using the same payment method you used for the order. Please note that orders cancelled after preparation may be subject to charges.
Price And Payment
The prices for all orders will be clearly displayed on our menus and FAQS. These prices include VAT and may vary across different menus. While we strive to maintain accurate pricing, there is a possibility of some items being incorrectly priced on our Service. The respective store will typically verify the prices.
Please note that prices are subject to change at any time. However, any changes will not affect orders for which you have already received a Confirmation Email.
To make a payment for your order, you can use a credit or debit card. Once your order is confirmed, your credit or debit card will be authorized, and the payment amount will be marked for processing. You will make the payment directly to Scunny Eats, who acts as an agent on behalf of the store.
By authorizing payment to us, you fulfil your obligation to pay the price of the items to the store. It is important to understand that Scunny Eats is authorized by the store to accept payment on their behalf.
In addition to the order total, there may be a delivery fee applicable to your order. We reserve the right to charge a delivery fee at our sole discretion. The exact amount of the delivery fee will be communicated to you before you finalize your order.
Our Liability
To the extent permitted by law, Scunny Eats provides our Service on an "as available" basis. We cannot guarantee it will be available during displayed opening hours if we need to correct issues stopping it from being timely or error-free. Subject as provided below, neither Scunny Eats nor our stores shall have liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service.
In the event that Scunny Eats or the store is found to be liable to you our total aggregate liability is limited to the purchase price of the order you have paid for. This does not include or limit in any way Scunny Eats or any stores liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
Outside Our Control
Neither party shall be held accountable to the other for any failure to fulfill its obligations outlined in this Agreement due to circumstances beyond their control, which may include, but are not limited to, acts of nature, government actions, warfare, fires, floods, explosions, or civil unrest. It is important to clarify that the provisions stated in clause 11 do not exempt the Customer from meeting their payment responsibilities as specified in this Agreement.
Waiver
None of the involved parties, including yourself, Scunny Eats, or the store, shall be held liable to each other for any failure to fulfil their obligations outlined in this agreement due to circumstances beyond their control. Such circumstances may include, but are not limited to, acts of nature, government actions, warfare, fires, floods, explosions, or civil unrest.
Entire Agreement
This agreement represents the complete understanding between the parties regarding its subject matter and overrides any previous agreements, arrangements, or understandings pertaining to said subject matter.
Our Right To Terms And Conditions
Scunny Eats reserves the right to modify the terms of use at any time by updating this page. It is your responsibility to periodically review this page and take note of any changes, as they are legally binding upon you.
Law And Jurisdiction
The English courts will have jurisdiction over any claim arising from, or related to, any use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Use Of Our website Terms
You are granted temporary access to our Site and Service, and we retain the right to withdraw or modify this access at any time and without prior notice. We shall not be held liable in the event that our Site or Service becomes unavailable for any reason or duration. It is your responsibility to safeguard the confidentiality of your login credentials. Should you have any concerns regarding the misuse or security of your login details, please reach out to us.
Acceptable Use
You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law.
Suspension And Termination
Failure to comply with section 2 (Acceptable Use) in these Terms of Use may lead to the implementation of one or more of the following measures;
Immediate, temporary, or permanent withdrawal of your right to use our Service.
Immediate, temporary, or permanent removal of any posting or material uploaded by you to our Service.
Issuance of a warning to you.
Initiation of legal action against you, including proceedings for reimbursement of all costs incurred due to the breach (including, but not limited to, reasonable administrative and legal costs).
Disclosure of such information to law enforcement authorities, as deemed necessary by us.
The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate
Our Site And Service Updates
We regularly make updates to our Site and Service, and we reserve the right to modify the content at any time. In case necessary, we may temporarily suspend access to our Site and Service. Please note that any information or materials on our Site or Service may become outdated, and we are not obligated to update such content.
Liability Disclaimer
We shall not be held responsible for any errors or omissions in relation to the content provided or for any technical difficulties encountered while using our Site or Service. In the event that inaccuracies are brought to our attention, we will make reasonable efforts to rectify them promptly.
To the fullest extent permitted by law, we disclaim all liability (whether arising from contractual obligations, negligence, or any other cause) for any loss or damage incurred by you or any third party in connection with our Site, Service, linked websites, or materials posted on them. However, this disclaimer does not affect our liability in cases of death or personal injury resulting from negligence, fraudulent misrepresentation, misrepresentation of a fundamental matter, or any other liability that cannot be excluded or limited under applicable law.
Collection Of Your Information
By using our Service, we gather specific information about you. For a comprehensive understanding of the data we collect, please refer to our privacy policy.
Uploading To Our Site
Any material you upload to our Service or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.
Our Site’s Links
The links found on our website are intended for informational purposes and are provided as a courtesy. These links lead to external sites and resources provided by third parties. We do not have control over the content of these sites and therefore cannot be held responsible for them. Any loss or damage that may occur from your use of these external links is not our responsibility.
Jurisdiction And Applicable Law
Any claim arising from or related to a visit to our Site or the use of our Services shall be subject to the jurisdiction of the English courts. These terms of use, including any disputes or claims arising from them, their subject matter, or their formation (including non-contractual disputes or claims), shall be governed by and interpreted in accordance with the laws of England and Wales.
Variations
These terms of use may be amended by us at any time, and any revisions will be reflected on this page. It is your responsibility to periodically review this page for updates.