• Terms & Condition

Terms & Condition

  1. 1. Introduction

    Last updated 18 July 2019.

    Yahmee Ltd. owns and operates this website (the "Site"). Your access to, use of, linking to the Site or placing an order on the site (your "Access") is subject to your approval and compliance with the terms, conditions, notices, and disclaimers contained on this page and elsewhere on the Site (the "Terms and Conditions"). Exit this Site if you disagree with the Terms and Conditions.

    Your access to the Site is your arrangement to be bound by the Terms and Conditions and Privacy Policy. In compliance with our Privacy Policy, we retrieve, use and store information. We reserve the right at any time without notice to amend the Terms and Conditions and you should refer to them periodically on this page and elsewhere on this site.

    These Terms and Conditions extend to the use of this website ("Site"), and you agree to be bound by the terms and conditions laid out below by accessing this website and/or placing an order.

    The Terms of Use of this Site do not affect your statutory rights as a consumer.

    "You", "Your", “User” and “Users” means:
    The individual who uses this Site to order products and to comply with these terms and conditions.

    "Yahmee", "We", "Us", or "Our" means:
    Yahmee limited
    Registered in England at 331 Nelson Road, Twickenham, TW2 7AG.

    “Partner Restaurant” means:
    The merchant from which you have ordered your meal.

    2. Our Services

    The objective of this Site is to provide consumers with an easy and cost-effective system that links them with local establishments offering meals for takeaway. 

    Access to our Site can be restricted, removed, blocked or otherwise prevented at our sole discretion and without prior notice to You.

    Yahmee does not take accountability for preparing, handling or cooking of meals as it stays the sole responsibility of the Partner Restaurant.

    The quality of meat, portion size or any complaint, including food poisoning, is not the responsibility of Yahmee. Yahmee shall not accept any liability. If you believe that there is a case of food poisoning, it should be reported to the Food Standard Agency (FSA).

    We apologise that, including in the instances of suspected food poisoning, Yahmee assumes no liability, or can give refunds or compensation, on the standard of the food. Nevertheless, refunds may be produced on account of the Partner Restaurant, provided that the FSA determines that there has been a case of food poisoning.

    3. Placing an Order

    Yahmee is committed to dealing with reliable third-party service providers, but Yahmee is not responsible or liable on the quality or quantity of the goods obtained from third parties. Before deciding to purchase goods, the client is responsible for closely checking the products.

    The Partner Restaurant should be responsible for any questions concerning goods on this Site.

    You intend to be careful when registering your phone number and email address and warrant that the data you provide is accurate. Failure to provide private information may cause delays in delivery. Neither the Partner Restaurant nor Yahmee is responsible for refunding or replacing your order if we cannot contact you.

    The Partner Restaurant receiving the offer has sole responsibility for all food preparation and deliveries. Please note that the Partner Restaurant will do its best to meet the estimated delivery times, but delivery times may be influenced by uncontrollable factors and cannot, therefore, be assured. 

    Yahmee does not guarantee that your food or goods are free from allergens and accepts no liability irrespective of whether you have informed Us or the Partner Restaurant or not.

    5. Delivery

    All deliveries are the sole obligation of the Partner Restaurant which accepts your order.

    All stated delivery (or collection) times are estimates only and are subject to change at any time without notice. Yahmee cannot ensure delivery (or collection) times.

    Neither Yahmee nor the Partner Restaurant shall be held liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery (or collection).

    6. Prices and Payment

    All prices are susceptible to modification and all products to accessibility.

    All prices are in Pounds (sterling), including VAT.

    However, we cannot ensure that this data is exact because it is regulated by the Partner Restaurant. Yahmee wants Partner Restaurants to provide accurate prices, delivery zones, delivery costs, trading hours or special offers. Yahmee assumes no liability for any losses, cost, damages, fees or fees resulting from incorrect data.

    Partner Restaurants may, without previous notification to you, at any moment delete or change unique deals or discounts. As a result of a Partner Restaurant which removes or alters a special offer or premium, Yahmee recognizes no liability for any failure you face and is unable to provide compensation.

    Where you opt to pay by credit or debit card, you agree to allow Us to process the payment as an agent of the Partner Restaurant. Card charges or fees are calculated in accordance with the Partner Restaurant’s policy and will be displayed clearly in your order summary.

    Where you opt to pay by cash, funds are collected and held exclusively by the Partner Restaurant.

    7. Cancellation

    You have the right to cancel an order up to the point the order is sent to the Partner Restaurant. Normally, this is approximately 45 minutes before the time you requested delivery or collection of the order.

    You must cancel the order by contacting Yahmee via email or by phone.

    While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information.

    Yahmee and our Partner Restaurants reserve the right to cancel any order before or after acceptance.

    Cash refunds are exclusively dealt with by the Partner Restaurant.

    Refunds can take between 3-5 working days, or longer, depending on your card issuer, bank or PayPal.

    Once you receive your order, if you are unhappy with it for any reason you should contact the Partner Restaurant in the first instance to attempt to achieve a resolution.

    Neither Yahmee nor Partner Restaurants can expedite the refund process beyond the timeframes stated above.

    8. Exclusion of Right of Withdrawal

    You have no right to withdraw your food order towards the restaurants, if and when it concerns the delivery of goods, which 
    a) are liable to deteriorate or expire rapidly, or
    b) are made to the consumer’s specifications or clearly personalized.

    Deviating agreements have not been made between you and the restaurants.

    9. Disclaimers and Limitation of Liability

    To the extent permitted by law, Yahmee provides this Site and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of this Site, or that it will be timely or error-free, that defects will be corrected, or that the Site or server that makes it available are free of viruses or other harmful components.

    Subject to the previous paragraph, neither Yahmee nor Yahmee directors, officers, agents, employees or contractors shall have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from the use or inability to use this Site.

    We will make every effort to ensure all information displayed on Site and in our apps is accurate at all times however we are unable to guarantee all information is correct, up to date or complete

    Data transmission over the internet is not entirely secure. We take steps to ensure security however you agree that submission of your data is at your own risk.

    Nothing in these terms shall exclude or limits liability for death or personal injury resulting from our negligence or that of our agents or employees.

    10. Alcohol and Cigarettes

    Pursuant to the Licensing Act 1964, it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18. Cigarettes are not for sale to minors under the age of 16. Orders containing either alcohol or cigarettes can therefore not be accepted from minors.

    11. Indemnity

    You must indemnify and hold harmless Yahmee, its directors, officers, employees, agents, vendors, advertisers, partners and suppliers and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from your Access to and use of this Site, any breach or violation of the Terms of Conditions of this Site or your violation of any law or your violation of the rights of any third party.

    12. Availability

    This Site may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavour to notify customers in advance of any service unavailability, this cannot be guaranteed, and we reserve the right to alter or withdraw the service at any time.

    13. Third-Party Sites

    This Site contains links to other websites. Those websites are not under the control of Yahmee and is not responsible for the practices, content or availability of such websites. A link does not imply endorsement of, sponsorship of, or affiliation with the linked site. We provide the links as a convenience only. If you decide to access linked third-party websites, you do so at your own risk, and we will not be held responsible or liable for any loss or damages caused by use of or reliance on any contents, goods or services available on such websites.

    You may provide a non-framed link to this Site from any other business or service website but not in any way which gives the impression that we are associated with or have approved such other site unless expressly agreed to by ourselves in writing.

    14. Limitations of Use

    This Site is intended to be accessed by persons located in the UK and we make no representation that any information, materials or functions included in this Site are appropriate for use in any other jurisdiction.

    By using this Site, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the Site or contacting us.

    You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

    To use our service you must be over 18 years of age.

    You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in the termination of your membership.

    Members' passwords should always be kept confidential and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your membership. If you know or suspect that someone has knowledge of your password then you should contact us immediately.

    You may not use the Site for any unlawful or unauthorised purpose, including without limitation:

    • Distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material
    • Transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice.
    • Interfering with any other persons use or enjoyment of the Site.
    • Damaging, disabling or impairing the operation of this Site or attempting to gain unauthorised access to this Site or to networks connected to it, through hacking, spoofing or other such similar means.

    15. Feedback and User Submissions

    We do not solicit nor wish to receive any confidential or proprietary information from you. Nor do we wish to receive any creative materials, ideas or suggestions other than those we specifically request.

    If you do send to us by email or otherwise, any communication or material, you represent and warrant that the information and material is original to you, and you will be deemed to have granted us a perpetual, worldwide, royalty-free license to use such communications or material in any way we see fit and we will be free to use any such material or information contained in communications you send for any purpose whatsoever. 

    16. Customer Ratings

    The ratings contained on this Site are for informational purposes only and do not constitute advice. Nor should you rely on ratings to make (or refrain from making) or take (or refrain from taking) any action. Ratings are the opinions of customers who have ordered through the Site, and any statements, advice or opinions made by such customers are those of such customers only.

    17. Termination

    We reserve the right to decline a new registration, terminate your right to link to the Site, remove you as a user of this Site, and/or prevent any further use if you violate any of the Terms and Conditions. If we consider there to be a risk of liability or loss to us or our partner restaurants we may take any action deemed necessary to prevent such a liability or loss from occurring.

    If we terminate your right to link to the Site you must cease linking to the Site immediately. Any person who holds a suspended or terminated membership must not order from or re-join this Site without our prior written consent. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms.

    Please note that we have the ability to trace your IP address, and if necessary, contact your ISP in the event of a suspected breach of these Terms and Conditions.

    18. Enforceability

    If any part of these Terms and Conditions are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Terms and Conditions.

    No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

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