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Terms & Conditions

1 INTRODUCION

1.1 Local-TakeOut(the "Website") is owned and maintained by EmiGen Ltd, a company registered in England, Company No: 4921054 VAT No: 851543627, whose registered office is at:

12A Rushy View
Newton-Le-Willows
Merseyside
WA12 9FG

1.2 Your access to any part of the Website, constitutes your acceptance to the Website Terms of use. If you do not accept these Website Terms, you must leave this Website immediately.

1.3 Local-TakeOut may revise these Website Terms at any time. You should check this Website regularly to review the current Website Terms.

2 OUR ROLE

2.1 Local-TakeOut provides a simple, convenient and cost-effective way for you to send your orders to "Service Outlets" ("SOs") displayed on this Website.

3 PLACING AN ORDER;

3.1 Please note it is important that you check the information that you enter and correct any errors before confirming payment since once you confirm your payment input errors cannot be corrected.

3.2 If at any time prior to confirming your payment, you decide that you do not wish to proceed with your order, you should close the application window.

3.3 Once your payment has been authorised, Local-TakeOut will send you notification by email. Acceptance of your order will only occur when we send you this email notification.

3.4 An order may be subsequently cancelled by Local-TakeOut or the SO that you've placed your order with after you order has been accepted. Local-TakeOut and the SO reserves the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.

3.4 All food preparation and deliveries are the sole responsibility of the SO accepting the order.

3.5 Payment can be made using Cash on delivery or by credit or debit card on this Website

3.6 If you have any problems placing an order you can contact our customer care team by telephone or email on the number and email address shown on this Website.

3.7 In the event that you have a complaint about the quality of food or service provided by the SOs on this Website then any compensation should be sought directly from the SO. Local-TakeOut is not able to provide refunds on behalf of the SOs and is not liable for any such refunds sought. All complaints must be lodged initially with the SO and, where appropriate, the SO own complaint procedures followed before Local-TakeOut is able to respond to a complaint.

3.8 Local-TakeOut may not be able to handle any compliants or provide any refunds if lodged after 48 hours after placing the order.

4 PRICE

4.1 Prices will be as quoted on this Website. These prices include VAT but may exclude delivery costs, which will be added to the total amount due (if you opt for delivery instead of collection), where applicable.

4.2 Prices are subject to change and all goods are subject to availability.

4.3 While every effort is made to ensure accurate pricing and descriptions, it is always possible that some of the menus may be incorrectly priced. Local-TakeOut is under no obligation to ensure that the order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing. We reserve the right to cancel any order that is based on inaccurate information.

4.4 In the event that you lodge a complaint because you are dissatisfied with the quality of your order as, you must provide all evidence required by Local-TakeOut to substantiate your claim. Local-TakeOut shall have sole discretion in deciding whether a complaint lodged in accordance with paragraph 3.7 and 3.8 above warrants a refund. Local-TakeOut shall only provide refunds in respect of claims that it considers (at its sole discretion) to be honest and genuine.

5 SERVICE ACCESS

5.1 This site may become unavailable to allow maintainance and upgrades. Local-TakeOut will not be liable if this Website is unavailable at any time or for any period.

5.2 Access to this Website may be suspended temporarily and without notice.

5.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

6 LICENCE

6.1 You may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from this Website for anything other than personal, non-commercial use, including in particular any purpose which publicly re-sells or re-uses the materials, without the prior written consent of the copyright holder.

6.2 All copyright, trade marks and other intellectual property rights in this Website and its content (including without limitation the Website design, text, graphics, logos, icons, images and all software, databases and source code connected with the Website) are owned by or licensed to Local-TakeOut or otherwise used by Local-TakeOut as permitted by law.

6.3 Any rights not expressly granted in these Website Terms are reserved.

7 VISITOR FEEDBACK AND CONDUCT

7.1 Other than personally identifiable information, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. Local-TakeOut and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.

7.2 You may not misuse the Website including by hacking, hijacking, spoofing or other such similar means.

7.3 You are prohibited from posting, uploading or transmitting to or from this Website any material that:

7.3.1 breaches any regulations or codes of practice or any applicable local, national or international law;

7.3.2 is unlawful, libellous, abusive, threatening, harmful, obscene or fraudulent;

7.3.3 amounts to unauthorised advertising; or

7.3.4 contains viruses or any other harmful programs.

7.4 Any comments or feedback that you submit through the Website must not:

7.4.1 contain any defamatory, obscene or offensive material;

7.4.2 promote violence or discrimination, illegal activity;

7.4.3 infringe the intellectual property rights or invade the privacy of another person;

7.4.4 impersonate or misrepresent your affiliation with, another person or give the impression that they originate from us.

7.5 The prohibited acts listed in paragraphs 7.2 to 7.4 above are non-exhaustive. You will pay Local-TakeOut for all costs and damages which it incurs as a result of you breaching any of these restrictions.

7.6 Local-TakeOut will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of paragraph 7.2 to 7.4.

8 LINKS TO AND FROM OTHER WEBSITES

8.1 Links to third party websites on this Website are provided solely for your convenience. Local-TakeOut does not control (and is not responsible for these websites or their content or availability). Local-TakeOut does not endorse or make any representation about them, the material on them, or the results from using them. If you decide to access any of the third party websites links on this Website, you do so entirely at your own risk.

8.2 You may link to this Website homepage, provided that you do so in a fair and legal way which does not damage Local-TakeOut's reputation or take advantage of it.

8.3 You must 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 Local-TakeOut where none exists.

8.4 The website from which you link must comply with the content standards set out in these Website Terms.

8.5 Local-TakeOut has the right to withdraw the linking permission at any time.

9 DISCLAIMER

9.1 While Local-TakeOut tries to ensure that information on this Website is correct, we do not promise it is accurate or complete. Local-TakeOut may make changes to the material on this Website, or to the services and prices described in it, at any time without notice. The material on this Website may be out of date, and Local-TakeOut makes no commitment to update that material. In particular, we do not promise that the information provided by the SOs and displayed on this Website such as the menus, pricing and estimated times for deliveries and collections is correct or up to date.

9.2 Local-TakeOut provide you with access to this Website and our services on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Website Terms might apply in relation to this Website and the services that we provide).

9.3 You are responsible for the security of your password that you used to register with this Website. Unless Local-TakeOut negligently discloses your password to a third party, Local-TakeOut will not be liable for any unauthorised transaction entered into using your name and password.

10 TERMINATION

10.1 Local-TakeOut may terminate, suspend and/or prevent further use (at our absolute discretion) of this Website and its services immediately if:

10.1.1 If you breach any terms of these Website 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 of Use.

11 LIABILITY

11.1 Local-TakeOut, and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if forseeable) in connection with our services, this Website or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on these websites.

11.2 Local-TakeOut takes full responsibility for the content of this Website and for the communication of orders to the SOs as set out in these Website Terms. Local-TakeOut's customer care team will, subject to your compliance with these Website Terms and cooperation, use all reasonable endeavours to resolve any issues arising from the submission of orders via this Website including the processing of all credit or debit card refunds and chargebacks where appropriate. However the preparation, package, store or delivery of your orders are carried out entirely by the SOs, and for this reason, please note that the legal contract for the supply and purchase of food and beverages is between you and the SOs that you place your order with. Local-TakeOut cannot give any undertaking that any food and beverages ordered from SOs through this Website will be of satisfactory quality and any such warranties are disclaimed by Local-TakeOut. Neither can Local-TakeOut give an undertaking that the estimated delivery and collection times stated on this Website are accurate. These disclaimers do not affect your statutory rights against the SOs.

11.3 Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from Local-TakeOut's negligence, nor Local-TakeOut's liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.

11.4 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.

12 GOVERNING LAW AND JURISDICTION

These Website Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the English courts.

13 ADDITIONAL TERMS

If any provision or part of a provision of these Website Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Website Terms and the remainder of these Website Terms will apply as if the offending provision or part provision had never been agreed.