PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES.
Welcome to Epic Eats, this page outlines our Terms & Conditions of Sale “Terms” which govern the sale of all Goods by us, the "Goods", from our epiceats.com website or our mobile application “App”. Please make sure you read these Terms carefully before creating a Epic Eats account or using our App. In setting up a Epic Eats account and accessing our Services, you accept that a contractual relationship is formed between you and Epic Eats and that you are bound by these Terms. If you do not accept these Terms, you may not access or use the Epic Eats Services.
1. Information About Epic Eats
DLYT LIMITED, trading as ‘Epic Eats’, a company incorporated and registered in Scotland, whose registered office is at G432QY, Company registration number is SC658549. You may contact us at info@epiceats.com
2. Services
Our “Service” is to link you to users of our App “User”, whether they be members of the general public or other businesses to allow you to advertise your Goods for sale. Where an order is placed by a User for your Goods via our App, Epic Eats will act as an agent on behalf of that User to conclude the order from our App.
3. Placing an Order
If you wish to place an order with Epic Eats, our Website/App will guide you through the ordering process. Before submitting your order, you will be given the opportunity to review and amend it. Please ensure that you have checked your order and that you have read these Terms carefully before submitting it. If you are unsure about any part of these Terms, please email us on info@epiceats.com
When you place an order, after the vendor has accepted, Epic Eats will send you an acknowledgement confirming receipt of your order via the app and from the email info@epiceats.com. This message will only be an acknowledgement and will not constitute acceptance of your order until the vendor has agreed. The contract between us will not be formed until we send you confirmation by the medium used for placing the order that the Goods which you ordered have been dispatched to you (after the vendor/baker has accepted your order). Only those Goods listed sent at the time of dispatch will be included in the contract formed.
All orders placed with Epic Eats are subject to availability. Dispatch times may vary according to availability and subject to any delays for which Epic Eats will not be held responsible.
You agree that all details provided to Epic Eats when placing an order are true and accurate, that you are the authorised user of the credit or debit card being used to order your Goods and that there are sufficient funds to cover the cost of the Goods.
4. Age Restriction
In order to contract with Epic Eats you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Epic Eats retains the right to refuse any request made by you.
5. Pricing and Availability
Epic Eats tries to ensure that all details, descriptions and prices which appear on this Website/App are accurate, but sometimes errors may occur. If we discover an error in the price or description of any Goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, you will need to contact us at info@epiceats.com to request a refund.
6. Payment
Upon receiving your order, Epic Eats will carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a full payment against the value of the Goods you wish to purchase. Once the Goods have been despatched and you have been sent a confirmation email, SMS or notification on the website, the monies paid shall be used for the value of Goods you have purchased as listed. All online card payments are made via Stripe. Payments made to Epic Eats will appear on your statement as “Epic Eats APP”.
7. Delivery
Delivery of your order is the sole responsibility of the supplier of the Goods. Epic Eats shall have no responsibility or liability whatsoever in respect of delivery or any failure to deliver Goods ordered by you.
8. Order cancellation and amendments
Once the order has been confirmed and payment taken from your account, you will be unable to cancel your order and will not be eligible for a refund. To change or cancel your order please contact info@epiceats.com to attempt to resolve your request. Epic Eats will contact the supplier on your behalf but cannot guarantee your request will be accepted as the process for providing you with the Goods may already be underway.
9. Your Epic Eats Account
Before orders can be placed via our App, you need to open a Epic Eats account. By opening an account, you will be required to create a password and provide financial information such as credit card details. You will also be required to provide certain personal information, such as your name, address, mobile phone number. It is your responsibility to ensure that any password you create is kept safe and confidential and that you take reasonable steps to ensure that others cannot access your account. You are responsible for all activity that occurs under your Account and your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services. You accept that if any another party uses these details to access your account, it is your responsibility to cover the costs of any Goods ordered and you accept that Epic Eats are not responsible for any losses you suffer.
You may close your Epic Eats account at any time by contacting us using the contact details above. Epic Eats may suspend access to your account, or close it permanently, if we believe that your account has been used by someone else.
10. Restrictions to your Epic Eats Account
You are not permitted to reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services within the App except as expressly permitted by Epic Eats. Further, you are not permitted to decompile, reverse engineer or disassemble link to, mirror or frame any portion of the Services or cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
11. License
Subject to your compliance with these Terms, Epic Eats grants to you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the App on your personal device solely in connection with your use of the Services and any rights not expressly granted herein are reserved by Epic Eats.
12. Third Party Services
The Services may be made available or accessed in connection with some third party services and content (including advertising) that Epic Eats does not control and you understand and accept that different terms of use and privacy policies may apply to your use of such third party services and content and you accept that these third parties are not parties to this contract and are not responsible for the provision or support of the Services in any manner.
13. Intellectual Property Rights
Epic Eats are the owners of or the licensee of all intellectual property rights in our App and our Service, and in the works published on it. Those works are protected by copyright laws and as such all rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
14. Data Protection
Our collection and use of personal information in connection with the Services is as provided in Epic Eats’s Privacy Policy which can be found at partner.epiceats.com/privacypolicy
15. Our Responsibility for Loss or Damage That You Suffer
We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaking these Terms or of failing to use reasonable care and skill in relation to your use of our Service. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage arising from our breach of these Terms before you place an order. In particular we offer you no guarantee or warranty in respect of quality, fitness for consumption, fitness for purpose or compliance with description of any goods or services that you purchase using the Epic Eats app. You agree that your sole remedy in respect of such claims is against the vendor.
We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by our failure, or our employees’, agents’ or subcontractors’ failure, to use reasonable care and skill; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Items, as summarised at part 7 above; or for defective Items under the Consumer Protection Act 1987. Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in our Applications.
16. Indemnity.
You agree to indemnify and hold Epic Eats and any of it officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or Goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Epic Eats’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
17. Governing Law.
Except as otherwise set forth in this Agreement, the Terms contained herein shall be exclusively governed by and construed in accordance with the laws of Scotland.
18. Disputes
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation and regulated under the Scottish Mediation Charter.
19. General
Partnership
No joint venture, partnership, employment or agency relationship exists between you, Epic Eats or any Third Party Provider as a result of the contract between you and Epic Eats or your use of the Services.
Unenforceable terms
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.
Entire Agreement
Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
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