Terms & Conditions
BR Restaurant: Terms and Conditions
IMPORTANT LEGAL NOTICE
The following Terms of Service constitute a contract between you and BR Restaurant, are legally binding and therefore affect your rights. They contain a mandatory arbitration provision that require you and BR Restaurant to arbitrate any and all disputes that arise between us.
For the avoidance of doubt, please note that this document applies to all references to "Website" including any current or future versions of our website http://live.brsoftech.net/br_restaurant, and any BR Restaurant mobile application through which our website or services are accessed, 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 our website or services that may be developed from time to time).
By accessing any part of the Website, you indicate that you accept these Website Terms. For the purposes of this document, the words BR Restaurant, website, platform, ‘our team’, and us have been used interchangeably. For the purposes of this document, the word chef, cook, restaurant, vendor have been used interchangeably and word user, you and customer are used interchangeably for anyone using the website.
Please read these terms and conditions carefully and do not use BR Restaurant website and BR Restaurant mobile app , if you do not agree.
Welcome:
BR Restaurant is a food ordering (delivery or take away) platform that acts as a conduit between chefs and user. We provide a platform for the Chefs and Food customers to communicate, publish/purchase food items and arrange delivery/take-away of the same
TERMS AND CONDITIONS
1. Introduction:
1.1. Company details: BR Restaurant is a company registered in England and Wales with registered company number 04656315, whose registered office is at Unit 8, Dock Offices, Surrey Quays Road, London, SE16 2XU
1.2. VAT number: Our VAT number is GB 945 7192 91.
1.3. Service: We provide a platform for the Chefs and Food customers to communicate, publish/purchase food items and arrange delivery/take-away of the same.
2. Website access and terms
2.1. Website access: User may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.
2.2. Acceptance of terms: By accessing any part of the Website, user indicates that they accept these Website Terms. If the user does not accept these Website Terms, they should not use the website or platform in any scenario, and by doing so, will not be able to order any products/use any services through the Website.
2.3. Revision of terms: BR Restaurant may revise these Website Terms at any time, without any prior notice. User should check the Website regularly to review the current Website Terms, because they are binding on the user. User will be subject to the policies and terms and conditions in force at the time that the user places an Order through us.
2.4. Responsibility: Users are responsible for making all arrangements necessary for them to have access to the Website. Users are also responsible for ensuring that all persons who access the Website through their Internet connection are aware of these Website Terms and that they comply with them.
2.5. Abbreviation: Below are some of the abbreviations used across terms and conditions and across BR Restaurant as a platform
2.5.1. Website: BR Restaurant website or mobile application or any other future form of system via which anyone can place an order
2.5.2. Food/Food item/Menu/ Dish/Dishes: These words are interchangeably used and any product being sold on BR Restaurant platform
2.5.3. User/customer: anyone who uses BR Restaurant platform to browse food items/ order food. Sometimes user is also used for chef (terms and conditions apply to both user and chef).
2.5.4. Chef: Chef can represent a home cook/ restaurant or anyone else providing food/food items on BR Restaurant platform. Chef can be considered as a special kind of user of the website
2.6. All the terms and conditions apply to all the users using the BR Restaurant website or mobile application - whether its user who orders food/food items or chef who sells/promotes their products or anyone else who is looking at the website content.
3. Your Status
3.1. Capacity and age: By placing an Order through the Website, the user warrants that:
3.1.1. User is legally capable of entering into binding contracts; and
3.1.2. User is at least 18 years old.
4. How to make an order
4.1. Compiling your Order: Once the user has selected the Products they wish to order from the items listed on the website, user will be given the opportunity to submit their Order by clicking or selecting the "checkout", "place my order" or similar button. It is important that the user checks all the information that they enter and correct any errors before clicking or selecting this button. Once the user does so, BR Restaurant will start processing user’s Order and thereafter, any modifications cannot be made.
4.2. Amending or cancelling your Order: Once the user has submitted their Order and their payment has been authorised, user will not be entitled to change or cancel their Order, nor will they be entitled to a refund.
4.3. Payment Authorization: Until the payment that the user makes is not authorised, user’s Order will not be processed or communicated to the relevant chef/restaurant/provider.
4.4. Processing your Order and Chef rejections: On receipt of user’s Order, BR Restaurant will begin processing it by sending it to the relevant chef. User will be notified by BR Restaurant via email that the Order has been received and is being processed. Please note that the initial confirmation page that user may see on the Website and any order confirmation email that user receive, merely indicate that your order has been placed through website; this doesn’t necessarily mean that chef has started working on your order or food is ready to be picked or delivered. BR Restaurant has different stages of an order to make it easy for user to know/ get notified when order is ready to be picked or delivered.
4.5. Delivery of Order: Estimated times for deliveries and collections are provided by the Chefs and are only estimates and the best efforts would be made to guarantee that the timelines are met. Neither BR Restaurant nor the Chef guarantee that Orders will be delivered or will be available for collection within the estimated times, there can be a delay due to several valid reasons. In the event of the delay, BR Restaurant cannot be held responsible.
5. Price and Payment
5.1. VAT and Delivery Costs: Prices will be as quoted on the Website. These prices include VAT but may exclude delivery costs (if you opt for delivery instead of collection) and any online payment administration charge imposed by the Chef (if you pay for your Order online). These will be added to the total amount due where applicable.
5.2. Payment Methods: Payment for Orders must be made by an accepted credit or debit card or any mobile wallet supported on BR Restaurant Website.
5.3. Credit or Discount Vouchers and Loyalty Points: A credit or discount may apply to your Order if you use a promotional voucher or code or redeem loyalty points recognized by the website and endorsed by BR Restaurant, and you pay for any balance by credit or debit card.
6. Customer Care
6.1. FAQs: We also have a details Frequently ask question section (http://live.brsoftech.net/br_restaurant/faq); Please check this before contacting customer care as most questions would have an answer in this section . If not, please contact our Customer Care team (http://live.brsoftech.net/br_restaurant/contact-us )
6.2. General: Customer care is extremely important to us. 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 using any methods detailed at (http://live.brsoftech.net/br_restaurant/contact-us) or similar button.
6.3. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you can contact our Customer Care Team as described above and one of our Customer Care Advisers will attempt to contact the chef in order to follow up on your query. We also have notifications at various stage of your order processing to make it easy for you to keep a tap on your order progress.
6.4. Complaints or Feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by a chef, please consider providing feedback in the form of ratings, comments and reviews on the Website (together, "Reviews") to reflect your experience. The Reviews are an important part of our quality control process. You can also provide feedback for BR Restaurant with us by clicking “Feeback” (http://live.brsoftech.net/br_restaurant/feedback)
6.5. Compensation: We have followed the defined best practices by the local authorities and onboard the compliant chefs in the area. However, we are notliable for the quality of the Products (food items) or service that they provide. BR Restaurant have no responsibility or liability for providing, any compensation to you on behalf of any Chef
7. Licence
7.1. Terms of permitted use: You are not permitted to print or download extracts from the Website for your own personal non-commercial use on the following basis:
7.1.1. User must not misuse the Website (including by hacking or "scraping").
7.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the Website 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.
7.1.3. User must not modify the digital or paper copies of any materials that you print off and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
7.1.4. User must ensure that our status as the author of the material on the Website is always acknowledged.
7.1.5. Users are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a license or consent from us to do so.
7.2. Limitation on use: The Website may not be used, and no part of the Website 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 Website Terms are reserved.
8. Service Access:
8.1. Website availability: While we try to ensure the Website is 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 Website is unavailable at any time or for any period.
8.2. Suspension of access: Access to the Website 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 Website; any transmission is at your own risk.
8.4. Order processing: In the event that the website stops working as expected or user notice a glitch in system while your order was under processing or you didn’t receive order confirmation after completing the payment; please contact customer care.
9. Visitor Material and Review
9.1. General:
9.1.1. Other than personally identifiable information, which is covered under our privacy policy, any material you post, upload or transmit or upload to the Website (including without limitation Reviews) ("Visitor Material") will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
9.1.2. You represent and warrant that that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs below.
9.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website 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 unauthorized 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 Website must not:
9.3.1. contain any defamatory, obscene or offensive language or 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 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 Website that we determine breaches a prohibition in paragraphs 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 Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of user who have ordered through the Website 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. Liability: Chef agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Chef or user 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
10. Links to and from other Websites
10.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. 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 Website, you do so entirely at your own risk.
10.2. Linking permission: You may link to the Website's homepage (http://live.brsoftech.net/br_restaurant), 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 Website 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. Disclaimers
11.1. Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.
11.2. Allergy, dietary and other menu information: We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information ("Dish Detail") from the menus/dish detail that are provided to us by chef. However, it is the chef that are responsible for providing this menu Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the chef or BR Restaurant before ordering.
11.3. Chef actions and omissions: The legal contract for the supply and purchase of Products is between you and the chef that you place your Order with. We have no control over the actions or omissions of any Chef. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:
11.3.1. The cooks providing services on BR Restaurant are not BR Restaurant employees. These are self-employed cooks who are using the technology provided by BR Restaurant to benefit their businesses.
11.3.2. We do not give any undertaking that the Products ordered from any chef through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
11.3.3. BR Restaurant and the cook take complete responsibility of the food until the time it is collected from the Cook’s collection address or the food has been delivered to the Customer’s premises. Once collected or delivered it is the responsibility of the customer that the quality of the food is not compromised. It is highly recommended that the food is consumed within the recommended time.
11.3.4. Estimated times for deliveries and collections are provided by the chefs and are only estimates. We don’t guarantee that Orders will be delivered or will be available for collection within the estimated times, but chef will have their best effort in this regard.
11.3.5. We encourage all our Chefs to accept all Orders and to communicate the latest status of the order by modifying the order status on the platform.
11.3.6. Chef have to complete all the orders received via BR Restaurant platform in all circumstances
11.3.7. Chef should complete all the pending/received orders before de-activating or making his/her invisible from the platform.
12. Liability
12.1. General: We are not liable if there is any delay in the delivery for food items as that is sole responsibility of the chef.
12.2. Food certification: Chef is liable to have proper food certification in the jurisdiction of the city/council he or she is registered and promoting their food items via BR Restaurant platform. BR Restaurant as a company performs due diligence when a Chef registers with us. However, if the legal requirements are for the Chef to renew their certifications then it is between the Chef and the related Council Food Department. BR Restaurant can only provide guidelines to all the chef who are or will use this platform to sell there food items.
13. Termination
13.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
13.1.1. you have used the Website in breach of paragraph 7.
13.1.2. you have posted Reviews or other Visitor Material in breach of paragraph 9
13.1.3. you have breached paragraph 10; or
13.1.4. you have breached any other material terms of these Website Terms.
13.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
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 Website or ordering Products via the Website, 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 Website. 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 Website 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, 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 Website 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 endeavors to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
16. Additional terms
16.1. Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Website Terms by this reference and is available here.
16.2. Severability: If any of these Website 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 Website Terms and any document expressly referred to in them constitute the whole agreement between user and Chef 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 Website 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 Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website 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 Website Terms are included for convenience only and shall not affect their interpretation.
16.7. Dispute: In case of any dispute or disagreement user should first try to contact BR Restaurant and we will try our best to resolve any conflict/dispute. This should be done before going to any legal option.
17. Governing Law and Jurisdiction
17.1. These Website Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.
II. BR Restaurant PRIVACY POLICY
We are committed to protecting the privacy of all visitors to the Website, including all visitors who access the Website or Service through any mobile application or other platform or device. Please read the following Privacy Policy, which explains how we use and protect your information. By visiting and/or using the Service on the Website, you agree and where required you consent to the collection, use and transfer of your information as set out in this policy.
1. INFORMATION THAT WE COLLECT FROM YOU
1.1. When you visit the Website or use the Service to make an Order through the Website, you may be asked to provide information about yourself including your name, contact details (such as telephone and mobile numbers and e-mail address) and payment information (such as credit or debit card information). We may also collect information about your usage of the Website and Service and information about you from the materials (such as messages and reviews) you post to the Website and the e-mails or letters you send to us.
1.2. By accessing BR Restaurant platform and/or the Website or Service using mobile digital routes such as (but not limited to) mobile, tablet or other devices/technology including mobile applications, then you should expect that our data collection and usage as set out in this Privacy Policy will apply in that context too. We may collect technical information from your mobile device or your use of the Website or the Service through a mobile device, for example, location data and certain characteristics of, and performance data about, your device, carrier/operating system including device and connection type, IP address, mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes or use of mobile vouchers. Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by us automatically if you use the Website or Service through your mobile device(s) via any BR Restaurant mobile application, through your mobile's browser or otherwise.
2. USE OF YOUR INFORMATION
2.1. Your information will enable us to provide you with access to the relevant parts of the Website and to supply the Service. It will also enable us to bill you and enable us and/or a Chef with whom you have placed an Order to contact you where necessary concerning the Service. For example, we and/or the Chef may use your information to provide you with status updates or other information regarding your Order by e-mail, telephone, mobile or mobile messaging (e.g. SMS, MMS etc.). We will also use and analyse the information we collect so that we can administer, support, improve and develop our business, for any other purpose whether statistical or analytical and to help us prevent fraud. Where appropriate, now and in the future you may have the ability to express your preferences around the use of your data as set out in this Privacy Policy and this may be exercised though your chosen method of using the Service, for example mobile, mobile applications or any representation of the Website.
2.2. We may use your information to contact you for your views on the Service and to notify you occasionally about important changes or developments to the Website or the Service.
2.3. Where you have indicated accordingly, you agree that we may use your information to let you know about our other products and services that may be of interest to you including services that may be the subject of direct marketing and we may contact you to do so by post, telephone, mobile messaging (e.g. SMS, MMS etc.) as well as by e-mail.
2.4. Where you have indicated accordingly, you agree that we may also share information with third parties (including those in the food, drink, leisure, marketing and advertising sectors) to use your information in order to let you know about goods and services which may be of interest to you (by post, telephone, mobile messaging (e.g. SMS, MMS etc.) and/or e-mail) and to help us analyze the information we collect so that we can administer, support, improve and develop our business and services to you.
2.5. If you do not want us to use your data in this way or change your mind about being contacted in the future, please let us know by contacting BR Restaurant customer care.
2.6. Please note that by submitting Reviews regarding the Website, Service and/or Chef, you consent to us to use such Reviews on the Website and in any marketing or advertising materials.
3. DISCLOSURE OF YOUR INFORMATION
3.1. The information you provide to us will be transferred to and stored on our servers which may be in or outside the European Economic Area, and may be accessed by or given to our staff working outside the United Kingdom and third parties including companies within the BR Restaurant group of companies (which means our subsidiaries and affiliates, our ultimate holding company and its subsidiaries and affiliates) who act for us for the purposes set out in this policy or for other purposes notified to you from time to time in this policy. Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is treated in accordance with this policy.
3.2. The third parties with whom we share your information may undertake various activities such as processing credit card payments and providing support services for us. In addition, we may need to provide your information to any Chef that you have placed an Order with so as to allow the Chef to process and deliver your Order. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
3.3. If you have consented we may allow carefully selected third parties, including marketing and advertising companies, our affiliates and associates, to contact you occasionally about services that may be of interest to you. They may contact you by post, telephone, mobile messaging (e.g. SMS, MMS, etc.) as well as by e-mail. If you change your mind about being contacted by these companies in the future, please let us know by Contacting BR Restaurant Customer care
3.4. If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.
3.5. We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation; or in order to enforce the Website Terms and any other agreement; or to protect our rights or the rights of Restaurants or other third parties. This includes exchanging information with other companies and other organizations for the purposes of fraud protection and prevention.
4. SECURITY AND DATA RETENTION
4.1. We take steps to protect your information from unauthorized access and against unlawful processing, accidental loss, destruction and damage. We will keep your information for a reasonable period or as long as the law requires.
4.2. Where you have chosen a password which allows you to access certain parts of the Website, you are responsible for keeping this password confidential. We advise you not to share your password with anyone. Unless we negligently disclose your password to a third party, we will not be liable for any unauthorized transactions entered into using your name and password.
4.3. 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. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
5. CHANGES TO OUR PRIVACY POLICY
5.1. Any changes to our Privacy Policy will be posted to the Website and, where appropriate, through e-mail notification.
6. CONTACT
6.1. All comments, queries and requests relating to our use of your information are welcomed and should be addressed to BR Restaurant via customer care
