Effective Date: 24/11/2020
IMPORTANT LEGAL NOTICE
This page sets out the terms and conditions (“Service Terms“) on which we, Techdrobe Ltd. (“we“, “our” or “Techdrobe“), provide access to our website https://mydill.co.uk/ and any Techdrobe mobile application (including Dill application) through which you order products (together, “Services“). Please read these Service Terms carefully before ordering any products through, the Services. By ordering products through the Services (whether now or in the future), you agree to be bound by these Service Terms. Use of the Services is also subject to these Service Terms.
We reserve the right to change these Service Terms from time to time by changing them on this page. We advise you to print a copy of these Service Terms for future reference. These Service Terms are only in the English language.
For the avoidance of doubt, please note that references to “Services” in these Service Terms include any current or future version of our website https://mydill.co.uk/ and any Techdrobe 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, mobile application, affiliate website or related website for accessing and using our Services that may be developed from time to time).
By accessing any part of the Services, you indicate that you accept these Service Terms. If you do not accept these Service Terms, you should leave the Services immediately, and you will not be able to order any products through the Services.
I. TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
1.1. Company details: Techdrobe Ltd., registered in England and Wales, Company Number 12485262, whose registered office is at C/O Azets Charter Court, Swansea Enterprise Park, Swansea, Wales, SA7 9FS.
1.2. Product Orders: We provide a way for you to communicate your orders (“Order” or “Orders“) for products (“Product” or “Products“) to delivery or takeaway outlets in the UK (“Outlet” or “Outlets“) displayed on the Services. The legal contract for the supply and purchase of Products is between you and the Outlet that you place your Order with and we will conclude the sale of Products on behalf of, and as commercial agent for, the Outlets in all cases.
2. SERVICES ACCESS AND TERMS
2.1. Services access: You may access some areas of the Services without making an Order or registering your details with us. Most areas of the Services are open to everyone.
2.2. Acceptance of terms: By accessing any part of the Services, you indicate that you accept these Service Terms. If you do not accept these Service Terms, you should leave the Services immediately, and you will not be able to order any Products through the Services.
2.3. Revision of terms: We may revise these Service Terms at any time. You should check the Services regularly to review the current Service 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.
2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through your Internet connection are aware of these Service Terms and that they comply with them.
3. YOUR STATUS
3.1. Capacity and age: By placing an Order through the Services, you warrant that:
- 3.1.1. You are legally capable of entering into binding contracts with Outlet; and
- 3.1.2. You are at least 18 years old.
3.2. You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the Outlet 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, tobacco or other smoking products in the UK on behalf of any person who is under the age of 18;
- 3.3.2. If your Order includes any alcohol, cigarettes or other smoking products, you will be asked to provide proof of your age on collection or delivery of your Order. If you are unable to provide proof that you are aged 18 or over to the satisfaction of your chosen Outlet, or if the Outlet reasonably believes that the alcohol, cigarettes or other smoking products you have ordered have been bought by you on behalf of someone under the age of 18, the Outlet reserves the right not to complete the delivery of the alcohol, cigarettes or other smoking products to you.
4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
4.1. Compiling your Order: Once you have selected the Products you wish to order from the menu of your chosen Outlet and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the “pay”, “proceed”, “place my order”, Apple Pay confirmation, Google Pay confirmation or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a contract with the Outlet and errors cannot be corrected (subject to paragraph 4.2. below).
4.2. Amending or cancelling your Order: Once you have submitted your Order 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). If you wish to change or cancel your Order, you should contact the Outlet directly. The specific Outlet’s phone number will be provided within Dill application. However, there is no guarantee that the Outlet will agree to your requests as they may have already started processing your Order.
4.3. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Outlet.
4.4. Processing your Order and Outlet rejections: On receipt of your Order, we will send it to the relevant Outlet and will notify you within the Orders History section on Services that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Services and any Order confirmation e-mail that you may receive each confirm that you have a contract for the sale of Products with an Outlet but does not necessarily mean that your Order will be fulfilled by the Outlet. We encourage all our Outlets to accept all Orders and to communicate any rejection promptly, and we will notify you (generally within the Services, i.e. Dill application) as soon as reasonably practicable if an Outlet rejects your Order. However, Outlets 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, any payment made in respect of the order will be returned to you in accordance with paragraph 5.6 below.
4.5. Delivery of your Order: Estimated times for deliveries and collections are provided by the Outlets and are only estimates. Neither we nor the Outlets guarantee that Orders will be delivered or will be available for collection within the estimated times.
4.6. Commercial agency: For the avoidance of doubt, any orders processed by Techdrobe through the Services are processed by Techdrobe in its capacity as commercial agent of the relevant Outlet.
5. PRICE AND PAYMENT
5.1. VAT and delivery costs: Prices will be as quoted on the Services. These prices include VAT but may exclude delivery costs (if you opt for delivery instead of collection) and any administration or service charge imposed by the Outlets. These will be added to the total amount due where applicable.
5.2. Incorrect pricing: The Services 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 Services, we will normally contact you before the relevant Order is dispatched. In such an event, neither we nor the relevant Outlet 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 incorrect pricing.
5.3. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Services by, you.
5.4. Card payments: 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 sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
5.5. Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the Services and endorsed by Techdrobe. In case such credit or discount vouchers become available, there will be a specific Credit and Discount Vouchers Terms and Conditions page which will describe the terms related to them. We will make this available for you at the appropriate time.
5.6. Rejected Orders: 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 Outlet (as described in paragraph 4.4 above) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, 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 Outlet 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. CUSTOMER CARE
6.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by clicking or selecting the “Need help?”, “Help” or similar button or by calling the telephone number shown on the Services.
6.2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order and in case the Outlet in question does not reply to your enquiry, you can contact our Customer Care Team as described above and one of our Customer Care Advisers will attempt to contact the Outlet in order to follow up on your query.
6.3. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you should contact the Outlet directly. If the Outlet does not reply to your enquiry, you can contact our Customer Care Team and they will contact the Outlet in order to communicate your requests. However, there is no guarantee that we will be able to reach the Outlet or that the Outlet will agree to your requests as they may have already started processing your Order.
6.4. Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by an Outlet, please consider providing feedback in the form of ratings, comments and reviews on the Services (together, “Reviews”) to reflect your experience. The Reviews are an important part of our quality control process.
6.5. Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Outlet and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Outlet directly to lodge your complaint and, where appropriate, follow the Outlet’s own complaint procedures. If you are unable to contact the Outlet, or the Outlet refuses to deal with your complaint, you can contact our Customer Care Team as described above within 48 hours of placing your Order and one of our Customer Care Advisers will attempt to contact the Outlet in order to request compensation on your behalf. Please note, however, that the legal contract for the supply and purchase of Products is between you and the Outlet that you place your Order with. We have no control over Outlets 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 compensation to you on behalf of any Outlets.
7.1. Terms of permitted use: You are permitted to use the Services and print and download extracts from the Services for your own personal non-commercial use on the following basis:
- 7.1.1. You must not misuse the Services (including by hacking or \”scraping\”).
- 7.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the Services and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Service Terms, any use of extracts from the Services other than in accordance with paragraph 7.1 is prohibited.
- 7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
- 7.1.4. You must ensure that our status as the author of the material on the Services is always acknowledged.
- 7.1.5. You are not allowed to use any of the materials on the Services or the Services itself for commercial purposes without obtaining a license from us to do so.
7.2. Limitation on use: Except as stated in paragraph 7.1, the Services may not be used, and no part of the Services 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 permission.
7.3. Reservation of rights: Any rights not expressly granted in these Service Terms are reserved.
8. SERVICES ACCESS
8.1. Services availability: While we try to ensure the Services are 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 Services are unavailable at any time or for any period.
8.2. Suspension of access: Access to the Services 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 Services; any transmission is at your own risk.
9. VISITOR MATERIAL AND REVIEWS
- 9.1.2. 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 9.2 to 9.3 below.
9.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Services any Visitor Material (including any Reviews) that:
- 9.2.1. breaches any applicable local, national or international law;
- 9.2.2. is unlawful or fraudulent;
- 9.2.3. amounts to unauthorised advertising; or
- 9.2.4. contains viruses or any other harmful programs.
9.3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Services must not:
- 9.3.1. contain any defamatory, obscene or offensive material;
- 9.3.2. promote violence or discrimination;
- 9.3.3. infringe the intellectual property rights of another person;
- 9.3.4. breach any legal duty owed to a third party (such as a duty of confidence);
- 9.3.5. promote illegal activity or invade another\’s privacy;
- 9.3.6. give the impression that they originate from us; or
- 9.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.
9.4. Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above 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 Reviews or other Visitor Material posted, uploaded or transmitted to the Services that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
9.5. Use of Reviews: The Reviews and other Visitor Material contained on the Services are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Services 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 Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
9.6. Images: Any images of food displayed on the Services are provided as a design feature of the Services only and may not be either (a) an image of food prepared or produced by the Outlet from which you choose to order; or (b) representative of the food you receive from an Outlet.
9.7. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by an Outlet or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.
9.8. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
10. LINKS TO AND FROM OTHER WEBSITES
10.1. Third party websites: Links to third party websites on the Services are provided solely for your convenience. If you use these links, you leave the Services. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Services, you do so entirely at your own risk.
10.2. Linking permission: You may link to the Services’ homepage (https://mydill.co.uk/), provided that:
- 10.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;
- 10.2.2. 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;
- 10.2.3. any website from which you link must comply with the content standards set out in these Service Terms (in particular paragraph 9 (Visitor Materials and Reviews));
- 10.2.4. we have the right to withdraw linking permission at any time and for any reason.
11.1. Services information: While we try to ensure that information on the Services is correct, we do not promise it is accurate or complete. We may make changes to the material on the Services, or to the functionality, Products and prices described on it, at any time without notice. The material on the Services may be out of date, and we make no commitment to update that material.
11.2. Allergy, dietary and other menu information: When an Outlet signs up with us, they have to include menu and Products information on their dedicated page on the Services. We may, from time to time, help Outlets upload this information on our Services. Where this information includes allergy or other dietary information, we will do our best to republish this information on the website or app exactly as it appears on the outlet’s menu. If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you must always contact the Outlet directly before placing your order. Please do not use the “Special Requirements” box for your food allergies or intolerances, please contact the Outlet directly.
11.3. Outlet actions and omissions: The legal contract for the supply and purchase of Products is between you and the Outlet that you place your Order with. We have no control over the actions or omissions of any Outlets. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Services:
- 11.3.1. We do not give any undertaking that the Products ordered from any Outlet through the Services will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
- 11.3.2. Estimated times for deliveries and collections are provided by the Outlets and are only estimates. Neither we nor the Outlets guarantee that Orders will be delivered or will be available for collection within the estimated times.
- 11.3.3. We encourage all our Outlets to accept all Orders and to communicate any rejection promptly, and we will notify you (generally within the Dill application) as soon as reasonably practicable if an Outlet rejects your Order. However, we do not guarantee that Outlets will accept and fulfil all Orders, and Outlets have the discretion to reject Orders at any time because they are too busy, if you fail to provide proof of age for purchases of alcohol, cigarettes or other smoking products when required, due to weather conditions or for any other reason. Outlets will not be obliged to deliver an Order to an address outside of their set delivery area, which may change from time to time.
- 11.3.4. The foregoing disclaimers do not affect your statutory rights against any Outlet.
11.4. Exclusion of terms: We provide you with access to and use of the Services 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 Services and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Services and your use of it, or be otherwise implied or incorporated into these Service Terms, by statute, common law or otherwise).
12.1. General: Nothing in these Service Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Service Terms affects your statutory rights.
12.2. Exclusion of liability: Subject to clause 12.1, we will under no circumstances whatever 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 Services (including the use, inability to use or the results of use of the Services) for:
- 12.2.1. any loss of profits, sales, business, or revenue;
- 12.2.2. loss or corruption of data, information or software;
- 12.2.3. loss of business opportunity;
- 12.2.4. loss of anticipated savings;
- 12.2.5. loss of goodwill; or
- 12.2.6. any indirect or consequential loss.
12.3. Limitation of liability: Subject to clauses 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Services or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £100, whichever is lower.
12.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Services, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
13.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Services immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
- 13.1.1. you have used the Services in breach of paragraph 7.1 (License);
- 13.1.2. you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);
- 13.1.3. you have breached paragraph 10.2 (Links to and from other websites); or
- 13.1.4. you have breached any other material terms of these Services Terms.
13.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Services.
14. WRITTEN COMMUNICATIONS
14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Services or ordering Products via the Services, 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 Services. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, 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.
15. EVENTS OUTSIDE OUR CONTROL
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Service Terms that is caused by events outside our reasonable control (“Force Majeure Event“).
15.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- 15.2.1. strikes, lock-outs or other industrial action;
- 15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (whether declared or not) or threat or preparation for war;
- 15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- 15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- 15.2.5. impossibility of the use of public or private telecommunications networks; and
- 15.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
15.3. Our performance under these Service Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Service Terms may be performed despite the Force Majeure Event.
16. ADDITIONAL TERMS
16.2. Severability: If any of these Service Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.3. Entire agreement: These Service Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
16.4. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Service Terms will not be interpreted as a waiver of your or our rights or remedies.
16.5. Assignment: You may not transfer any of your rights or obligations under these Service Terms without our prior written consent. We may transfer any of our rights or obligations under these Service Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
16.6. Headings: The headings in these Service Terms are included for convenience only and shall not affect their interpretation.
17. GOVERNING LAW AND JURISDICTION
17.1. These Service Terms shall be governed by and construed in accordance with English law. You can bring legal proceedings in respect of Service Terms in the English courts. If you live 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 respect of these Service Terms in either the English courts or the courts of your home country.
17.2 As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Service Terms, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.