Cloud Canteen and Catering
Terms & Conditions

Welcome to the Feedr App and Website. This page sets out the terms and conditions (“Terms”) on which you use our food ordering service to place orders with our food partners who can supply that food (“Items”) to you (the “Service”). Our food partners are third party restaurants providing an off-site delivery service (“Third Party Vendors”). These are the terms on which you will contract with our Third Party Vendors or In-House Vendors, as the case may be. We ask that you read these terms and conditions carefully and we would encourage you to print these terms for your records.

The Feedr app (“Feedr Application”) and the website at www.teamfeedr.com, www.feedr.co, www.eatfirst.com, and any subdomains, along with their underlying code, (the “Feedr Website”) is owned and operated by or on behalf of Feedr Ltd., a company registered in the England and Wales with registered number 09956874 and whose registered address is 52 Tabernacle Street, London, England, EC2A 4NJ (the “Company”).Our trading names include, without limitation, teamfeedr.com, feedr.co, eatfirst.com, Feedr, Feedr by EatFirst, EatFirst and the Feedr by EatFirst logo. Our VAT registration number is GB250936307.In these Terms, when we refer to “we”, “us”, “our” etc, we are referring to Feedr Ltd. and its agents and representatives from time to time. When we refer to you, we are referring to “you”, the user of the Feedr Website and/or Feedr Application.You can contact us at any time by writing to us at the address above, by emailing [email protected].

Ordering Food on the Feedr Website or using the Feedr Application – Cloud Canteen Delivery
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1.1. We make our Service available to you on the Feedr Website and via the Feedr Application. You may use the Service to place an order for the Items (“Group Order Delivery”), or select Items from a set menu chosen by us (“Cloud Canteen Delivery Order”), which one of our Third Party Vendors makes available via the Service.

1.2. A Third Party Vendor will provide to Feedr a set of menu Items that the Third Party Vendor will be able to deliver to you in the agreed time period. Feedr will work with its Third Party Vendors to create curated daily menus to present to you on a daily basis (“Cloud Canteen Delivery Items”).

1.3. You may use the Service to place a Cloud Canteen Delivery Order. You can place a Cloud Canteen Delivery Order by selecting the Cloud Canteen Delivery Items that the Third Party Vendor and Feedr have made available on the Service and checking out via the e-commerce facilities on the Website or in the Feedr Application. By listing Cloud Canteen Delivery Items, the Third Party Vendor is making an offer to you to sell those Cloud Canteen Delivery Items. Provided you have confirmed your Cloud Canteen Delivery Order and payment has been processed by no later than the relevant cut off time for the order, a legally binding contract shall be formed between you and the Third Party Vendor for the sale and purchase of the relevant Cloud Canteen Delivery Items detailed in the Cloud Canteen Delivery Order, at the price the Cloud Canteen Delivery Item is listed for at the time of the Cloud Canteen Delivery Order is being placed.
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1.4. If you are an employee of one of our business customers using the Services for the Cloud Canteen Delivery Items, we will add any credits provided by your employer to your account for you to use to purchase Cloud Canteen Delivery Items. If you choose to order Cloud Canteen Delivery Items that cost more than the value of credits provided by your employer under our service agreement with them, you will be due to pay the balance. Where this occurs, we shall notify you of the balance due before you confirm your Cloud Canteen Delivery Order. Once payment is processed, a legally binding contract shall be formed pursuant to provision 1.3 above, and such payments will be subject to clause 4.

1.5. Our Third Party Vendors or delivery agents shall deliver your Cloud Canteen Delivery Orders to you. If your order is late or if you have any other complaints relating to your Cloud Canteen Delivery Order, we refer you to our complaints policy which can be found in our help centre at https://intercom.help/feedr/en/articles/4066238-what-is-your-customer-complaint-policy.

1.6. Save as expressly prohibited by law, our entire responsibility to you pursuant to clause 1.5 will be as set out in the complaints policy.
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Ordering Food on the Feedr Website or using the Feedr Application – Group Order Delivery

2.1. You may place a Group Order Delivery by selecting Items that the Third Party Vendors have made available on the Service and checking out via the e-commerce facilities on the Website or in the Feedr Application. This will constitute an offer to buy the Items listed at the price shown on the Service at that time.

2.2. Once the Third Party Vendor has received that offer via the Service in email or other format, the Third Party Vendor may then accept or reject that Group Order Delivery. The Third Party Vendor shall do so as soon as reasonably practicable but in any event no later than within 12 business hours, otherwise the Group Order Delivery will be automatically rejected. You shall be notified accordingly, and you shall have no further obligations to the Third Party Vendor in respect of the Group Order Delivery. For the purposes of this Agreement, the term “business hours” shall mean 9:00am to 5:00pm on a business day, and the term “business day” shall mean a day other than Saturday, Sunday or a public holiday in England.

2.3. At the time of acceptance of your Group Order Delivery by the Third Party Vendor, a legally binding contract shall be formed between you and the Third Party Vendor for the sale and purchase of the relevant Items detailed in the Group Order Delivery, at the prices the Third Party Vendor has advertised via the Service at the time of the Group Order Delivery being placed plus any fees charged to you by Feedr.
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For the remainder of these terms:

the term “Vendor” shall mean either a “Third Party Vendor” as defined in clause 1; and the term “Order” shall mean either a “Cloud Canteen Delivery Order”, or a “Group Order Delivery”, including Pop-ups, Bespoke events and any other description of “Group Orders Delivery” placed via the “Group Order Delivery” functionality, whichever is applicable.
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Miscellaneous

4.1. If the Vendor is unable to fulfil your Order, we will contact you to inform you:

   4.1.1. within one business day for a Group Order Delivery or as soon as reasonably possible;
   4.1.2. before the delivery window if for a Cloud Canteen Delivery Order as soon as reasonably possible.

4.2. Where this occurs:

   4.2.1. we shall use all reasonable endeavours to find a substitute for your Order at the same or lower price from the same Vendor; or
   4.2.2. the contract will be terminated between you and the Vendor, and you will be refunded if you have paid or otherwise not charged for the Order.

4.3. Where you are sent a substitute for your Order without you accepting the substitute, you may request a refund for that Order. If you have accepted the substitute for your Order, we may not provide you with a refund unless there are reasonable grounds for us to do so.

4.4. You acknowledge and agree that the contractual relationship when placing an Order via the Website or Feedr Application is formed directly between you and the Vendor and that we act as their agent only in making their food available to you for Order on the Website or Feedr Application and in delivering it to you.

4.5. Where you require information on your Order, or are requested to verify your Order please contact [email protected], for a Cloud Canteen Delivery Order or Group Order Delivery.
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Payment and Invoicing

5.1. We shall collect payment from you on behalf of our Vendors through our Website or Feedr Application for any Order you place, unless otherwise agreed. We reserve the right to charge delivery on your Cloud Canteen Delivery or Group Order Delivery, and/or processing fees on your Order. We will tell you about these fees and all prices clearly on our Website or Feedr Application before you complete any payment.

5.2. Although we collect payment on behalf of the Vendors using the Service, the Vendors are solely responsible for updating and maintaining the prices on the Service, food quality, health and safety standards and allergen labelling. We do not accept any responsibility for incorrect or out of date pricing, information or other Vendor obligations. We are authorised to take payment on behalf of the Vendors and by making payment via the Service you will have discharged your obligation to pay the Vendor.

5.3. If you have a business account with us and requested invoices from us, we shall, unless we have agreed otherwise with you, invoice you for all charges either at the time of delivery for Group Order Delivery, or at the end of each month for Cloud Canteen Delivery Orders. You agree to pay such invoices within seven days of issue, unless otherwise agreed in your service agreement.

5.4. Without prejudice to any other right or remedy that we may have, if you fail to pay us any sum due under these Terms on the due date:

5.4.1. you shall pay interest on the overdue sum from the due date until payment of the overdue sum, with such statutory interest accruing each day at 8% per annum a year above the Bank of England’s base rate; and
5.4.2. we may suspend all or part of the Services until payment has been made in full.

All sums payable to us under these Terms shall be paid in full without any set-off, counterclaim, deduction or withholding (except as permitted by law).
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Cancellation

Our Vendors prepare your Orders specifically for you. Whilst we recognise that there may be circumstances in which you need to cancel your Order, we reserve the right to charge cancellation fees as follows:

6.1. For Group Catering Delivery, the following charges apply,

   6.1.1. you may cancel free of charge, if:
     a) The order value is less than £1,000 in the UK or €1,000 in Ireland and you cancel 48 hours before the scheduled delivery time.
       b) The order value is between £1,000-£2,000 in the UK or €1,000-€2,000 in Ireland and you cancel before 7 days of the scheduled delivery time.
       c) The order value is above £2,000 in the UK or €2,000 in Ireland and you cancel before 14 days of the scheduled delivery time.
   6.1.2. If you cancel within the specified time for the specified Group Orders value, you will be charged 50% of the order value.
   6.1.3. If you cancel within 24h of the scheduled delivery time, the full value of your Catering Delivery will be charged to you and you agree to pay it.

6.2. For Cloud Canteen Delivery Orders and Cloud Canteen Collect Orders, you may cancel your order at no charge until your respective order cutoff time on the Website or Feedr Application. After your order cutoff time, any refunds for Cloud Canteen Delivery Orders will be solely at our discretion.

6.3. Refunds provided to you pursuant to these Terms will be in the form of a credit unless otherwise requested via [email protected].

6.4. Any credit provided to you for our Services may only be applied to certain transactions as chosen by Feedr in its sole discretion. If for whatever reason Feedr ceases to make the Services available to you, we will advise you ahead of time and give you an opportunity to use or request a refund of your credits within 30 days. After this point, any remaining credits will lose their value.
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Standard Terms
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Promotions

From time to time we may also make available particular promotions or incentives, which will be available in respect of any one or more of the above Services. All details relating to such promotions and incentives will be posted on the Feedr Website or in the Feedr Application, sent via email, and/or delivered to you via an in-app push notification to your mobile phone.
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Using the Website and Feedr Application

By using the Website and Feedr Application, you agree:

8.1. to the Terms and our privacy and cookie policy which is available here www.feedr.co/privacy and any other applicable terms relating to your relationship with Feedr;

8.2. you are at least 18 years of age;

8.3. that it is your responsibility to ensure that the details you provide are correct and accurate;

8.4. if you are accessing the Feedr Website or using the Feedr Application without Wi-Fi, you may be charged by your mobile provider for the cost of data while accessing the Feedr Application or incur third party charges. You are fully responsible for any such charges. If you are not the bill payer for the device on which you are using the Feedr Application, it is your responsibility to obtain permission from the bill payer before accessing or using the Feedr Application on that device.

8.5. that you will use the Feedr Website and Feedr Application for the purposes they were intended and you will conduct yourself in relation to the Feedr Website and Feedr Application in the spirit as well as to the letter of these Terms;

8.6. not to access the Feedr Website and Feedr Application without authority, penetrate, interfere with, damage or disrupt the Feedr Website and Feedr Application in any way, including by using any viruses or misusing or attempting to misuse the Service or subjecting the Feedr Website and Feedr Application or our servers to any kind of intentional loading including without limitation a denial of service attack or any other malicious, unlawful or disruptive behaviour towards us, the Feedr Website or servers;

8.7. to respect the copyright arising in any content we publish on the Feedr Website and Feedr Application including the Feedr Website and Feedr Application itself and not to make any use of that content without our prior written authorisation including by copying or distributing the Feedr Website and Feedr Application or any part of it;

8.8. that we may deny or restrict access for you or any, or all, users of the Feedr Website and Feedr Application at our sole discretion at any time and without notice;

8.9. that we cannot and do not guarantee the performance or availability of the Feedr Website and/or Feedr Application and cannot be held responsible for its poor performance, or lack of availability;

8.10. that we cannot control the security of your devices or the networks that you use to access the Feedr Website and/or Feedr Application and that we cannot be responsible for any loss or interception of data sent by you to the Feedr Website and/or Feedr Application;

8.11. that the Feedr Website and Feedr Application may contain links to other websites owned or maintained by others and that Feedr has no control of those websites and does not endorse or recommend them and by following those links you submit to the terms and conditions and privacy policies of the relevant websites;

8.12. that any unauthorised use of content on our site belonging to us or to our, suppliers, customers or partners will cause us loss and or damage and you agree to indemnify us and hold us harmless against any such loss or damage arising directly from your misuse of that content; and

8.13. that you may not link to any part of our site from any other website whatsoever without our prior and continuing consent.

8.14. The Feedr Application is currently available on iOS and the Google Play Store - the requirements for these systems may change, and you will need to download these updates if you want to keep using the Application.
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Use of the Service and registration

9.1. You must be at least 18 years old to use the Service.

9.2. You will need to register an account with us in order to use the Service.

9.3. Your access to the Service is permitted on the basis that:
   9.3.1. you provide the following or are entitled to provide the following information (and by providing such information you warrant it is up to date, accurate and correct information):
      9.3.1.1. your email address;
      9.3.1.2. your payment information such as credit or debit card or a form of company or corporate payment information for which you have full authority to use; and
      9.3.1.3. your mobile phone number if requested;
   9.3.2. you provide correct, current and complete information about yourself when registering (including without limitation the information set out above); and
   9.3.3. you update the information you provide about yourself as required from time to time to maintain its truth and accuracy. You can do this via the account pages available at www.feedr.co/account/details.

9.4. Except for people or businesses that Feedr has authorised in writing to register accounts on behalf of their employees or clients, Feedr prohibits the registration of, and you agree that you will not register, an account for anyone other than yourself. You will comply with any and all the identification requirements made by us of you for any reason that we deem appropriate for the safe and legal provision of the Service. You further acknowledge and agree that any failure by you to comply with such requirements will be a breach of this Agreement sufficiently serious for us to terminate it immediately and to deny you continued access to the Service.

9.5. You agree that you will not solicit, procure, collect or make use of the login credentials of any other Feedr user or users.

9.6. You are responsible for maintaining the security of your account and the secrecy of your password and agree not to disclose it to any third party. If you know or suspect that anyone other than you knows or has accessed your account, you must immediately notify us at [email protected] and change your password if applicable. You are responsible for the acts or omissions of any third parties who use your password or access your account, whether fraudulent, without your permission or not, and you agree to reimburse us on demand for any loss we may suffer as a result of such use.

9.7. You can delete your account by emailing [email protected] at any time. It may take us up to 14 business days to process your request during which time your account will continue to function and you may continue to receive email and other communications from us. Once your account has been deleted, you will no longer have access to the Feedr Service. We will automatically cancel any pending orders and you agree that a cancellation fee of any such orders may apply.
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Our Liability to You

10.1. We shall have no liability for any loss or damage caused by errors or omissions in any information, instructions or scripts provided to you by us in connection with the Service, or any actions taken by us at your direction.

10.2. The Service is provided to you on an “as is” basis.

10.3. We shall not be liable to you for any loss or damage incurred as a result of any incorrect Item data posted on the Feedr Website or in the Feedr Application or otherwise.

10.4. Nothing in these Terms shall or shall purport to make us liable for any act or omission of any Vendor in respect of any Order and you agree that any Vendor with whom you place an Order shall be directly responsible for that Order, including any loss or damage arising out of it and any inconvenience resulting from it not being fulfilled in accordance with your expectations.

10.5. Nothing in these Terms shall limit any rights you might have as a consumer or other legal rights that may not be excluded by law. We do not in any way exclude or limit our liability for:
   10.5.1. death or personal injury caused by our negligence;
   10.5.2. fraud or fraudulent misrepresentation; or
   10.5.3. any other liability which cannot be limited or excluded by applicable law.
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Your Personal Information

We only use your personal information, which you provide to us, in accordance with our Privacy Policy which can be found at www.feedr.co/privacy. Please take the time to read the policy as it includes important terms which apply to you.
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Complaints
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We have a formal process for dealing with any complaints about our Service or Vendors. If you have a complaint about our Service or one of our Vendors, please contact us via [email protected]. We shall use reasonable endeavours to respond to you in writing within 72 hours of receiving a complaint.
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Other Important Terms

13.1. Each section of these Terms operates separately. If any of these sections (or any part of any section) is found by any court or relevant authority to be unlawful or unenforceable, the other sections (or other parts of the section in question) shall not be affected and shall remain in full force and effect. If any section of these Terms is found to be unlawful or unenforceable but would be lawful and enforceable if some part of the section were deleted, the section in question shall apply with such deletion as may be necessary to make it lawful and enforceable.

13.2. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

13.3. We may perform any of our obligations or exercise any of our rights under these Terms ourselves or where applicable, through any other persons (legal or otherwise) or entities.

13.4. We may amend and or update these Terms at any time and repost them to the Feedr Website and by continuing to use the Feedr Website or Feedr Application once these Terms have been updated and reposted you agree to and accept that your use of the Feedr Website or Feedr Application is governed by the Terms as amended and or updated.

13.5. We may transfer our rights and obligation under the Terms to another organisation but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

13.6. The provisions of these Terms apply for the benefit of Feedr, its subsidiaries, affiliates, venues, suppliers, merchants and other third party content providers and or licensors and each of those shall have the right to assert and enforce such provisions against you directly on its own behalf.

13.7. These Terms are governed by the laws of England and Wales and any dispute or claim arising out of or in connection with it will be subject to the laws of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

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