Terms of Use
Before you use the site, please read the below terms of use carefully.
Effective: November 1, 2024
THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTES FIRST BY CONTACTING US DIRECTLY AND USING GOOD FAITH EFFORTS TO RESOLVE SUCH DISPUTE.
From the Restaurant S.L. dba Take Away Now owns and operates this website (https://takeawaynow.online/), the related mobile sites and mobile applications, and selected other domains (collectively, the "Sites"). These terms of use form a contract between you and us (the "Agreement"). If you do not agree to the following terms of use, please do not use the Sites. As used in this Agreement, "FTR," "we," "us," and "our" shall mean From the Restaurant S.L. and its owners and affiliates, as applicable.
The restaurants available on our Sites operate independently and have entered into agreements with us to provide the food and delivery services available to you on the Sites.
The restaurants are required to comply with applicable laws, rules, regulations, and standards pertaining to the preparation, sale and marketing of food, including food preparation and safety and menu disclosure. Subject to applicable law, FTR is not responsible for the restaurants' food preparation or safety and does not verify any restaurant's compliance with applicable laws. In addition, FTR does not guarantee the quality of what the restaurants sell, nor does it guarantee the services provided by the restaurant, including in those cases where the restaurant provides the delivery services. In addition, FTR does not independently verify representations made by restaurants regarding their food, including without limitation any menu- or restaurant-level descriptors or disclosures. Should you have any problems with your order, or the food or delivery services provided by the restaurant, or if you have any questions about your order or food allergies, please reach out to the restaurant directly. Contact details of the restaurants are available on the Sites and in the order confirmation.
We may also partner with certain delivery service providers when available and who may provide services if delivery is selected by you and not otherwise offered by the restaurant. The delivery service providers are not employed by us, nor do they report directly to us. We therefore do not control the means and method in which workers deliver orders. Your use of delivery service providers may be subject to separate terms of use. Please review the applicable delivery service provider’s terms for more information. We are not responsible for the services, acts, omissions, or representations of the delivery service providers.
You may only use the Sites to order if you are the authorized holder of the debit card or credit card or other permitted payment method used for payment on the Site or an authorized user of a corporate account and if you are able to form a binding contract with us. In addition, if you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Sites, and your parent or legal guardian must read and agree to this Agreement prior to your using the Sites. Notwithstanding the foregoing, you are prohibited from using the Sites if you are under the age of 13. Mobile applications can be downloaded for free. However, you will be responsible for any connection or data charges incurred as a result of downloading, installing or using such applications.
Use of the Sites to order requires that you provide certain personal information. In consideration of the use of the Sites' services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable Site, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FTR has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FTR has the right to block your current or future use of the Sites (or any portion thereof).
You are responsible for maintaining the confidentiality and security of your personal information and for all activities or any other actions that occur under or are taken in connection with your use of the Sites. You agree to (a) immediately notify FTR of any known or suspected unauthorized use(s) of your personal information while using the Sites, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your credit card information in connection with use of the Sites; and (b) ensure that you exit from the Sites at the end of each session. FTR will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your personal information.
We and the delivery service providers that we engage may communicate with you regarding your use of the Sites or delivery of orders. By using our Sites, you consent to receiving communications from us, including phone calls, faxes, emails, SMS and MMS text messages, messages through electronic apps or platforms, and any other communications made by and on behalf of us that may relate to the Site, your order, delivery of your order (if applicable), or these Terms of Use.
We are working hard toward ensuring that the Sites are accessible to everyone and improving accessibility of the Sites for people with disabilities. In the event you encounter any barrier to accessibility, you can contact us by e-mail: support@takeawaynow.com, or mail: c/o Regus Maria de Molina, 8th floor Maria de Molina 39, Madrid, Comunidad de Madrid, 28006, Spain. By using our Sites, you acknowledge and agree that accessibility is highly complex, subjective and changeable and that achieving absolute or total accessibility might not be possible. As provided in Section 6 (DISCLAIMER) below, the materials and all other content on the Site are provided on an “as is” and “as available” basis without warranties of every kind.
You must pay for order(s) placed through the Sites. You will be notified of the price for your order (including any service fees and delivery charges) during the order process before you checkout.
The prices shown on the Sites include VAT and may be subject to change at any time. No price changes will affect existing confirmed orders, unless there is an obvious pricing mistake.
If there is an obvious pricing mistake, the restaurant will notify you and you will have the option to proceed with the order at the corrected price or cancel the order and receive a full refund.
We are authorized to accept orders as agent on behalf of the restaurants. An order will not be accepted until it has been confirmed. We will send you an order confirmation via email when your order has been accepted. Adjustments may be made to your order if, for example, ingredients are not available.
When you place an order, you agree that we may immediately charge your debit or credit card or other payment method available via the Sites. In the event of any error in your order or the amount you were charged, you must contact our helpline or the restaurant directly within one week following the date of your order so that the restaurant may determine whether you are entitled to a credit.
When you make payment to us of the amount due for the Order (including any service and delivery charges) this will fulfil your obligation to pay the price to the applicable restaurant.
You may cancel an order placed via the Sites without charge at any time before the Restaurant has started preparing the order. If you wish to cancel an order before this point you can do so by contacting the restaurant and you will be issued a full refund. You will not be able to cancel an order once the Restaurant has started preparing your order.
FTR or the applicable restaurant may cancel an order placed by you at any time. You will not be charged for any orders cancelled by FTR or the restaurant and you will receive a full refund.
You have a legal right to receive products which comply with the applicable description and are of satisfactory quality. If you believe that your order does not comply with these legal rights, you should contact the restaurant directly in the first instance for them to put the issue right.
If you think there is a problem with our Sites or related service, please let us know.
The Sites and everything on them, from text to photos to videos to graphics and software, (collectively, the "Materials") are owned by or licensed to FTR. The Sites and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws anywhere in the world. Except as otherwise indicated on the Sites and except for the trademarks, service marks, logos and trade names of restaurants and other companies that are displayed on the Sites, all trademarks, service marks, logos, trade dress and trade names are proprietary to FTR, including without limitation, FTR and the Take Away Now trade dress. Please be advised that FTR enforces its intellectual property rights to the fullest extent of the law.
We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Sites and/or the Materials for your personal use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Sites. Any other use of the Sites and/or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Sites should be interpreted as granting to you any license or right to use any of the Materials and/or third-party proprietary content on the Sites without the express written permission of FTR or the appropriate third party owner, as applicable.
If you download any software from the Sites, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.
FTR reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the Sites' features, look and feel, and functional elements and related services.
By accessing the Sites, you agree:
1. to comply with all applicable laws and not to use the Sites for any illegal purposes;
2. not to use the Sites or the services if you are under the age of 13;
3. not to access the Sites or services using a third-party's account/registration without the express consent of the account holder;
4. not to attempt, through any means, to gain unauthorized access to any part of the Sites and/or any service, other account, computer system and/or network connected to any FTR server;
5. not to attempt to impersonate another user or person;
6. not to deep-link to the Sites and/or access the Sites manually and/or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of the Sites and/or any Materials and/or other content on the Sites;
7. not to conduct any kind of systematic retrieval of data or other content from the Sites;
8. not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Site content;
9. not to use the Sites in any manner that could damage, disable, overburden and/or impair any FTR server, or the network(s) connected to any FTR server, and/or interfere with any other party's use and enjoyment of the Sites;
10. not to use any information obtained from the Sites or the FTR services in order to contact, advertise to, solicit, or sell to any user or restaurant;
11. not to sell or transfer your profile;
12. not to use the Sites to engage in commercial activities apart from sanctioned use of FTR services;
13. not to use the Sites as part of an effort to compete with FTR, the Sites, or the FTR services;
14. not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for republication in any format or media;
15. not to license, sell and/or otherwise provide access to and/or use of the Sites to any third party, including without limitation to build a competitive product and/or service;
16. not to copy, publish or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers;
17. not to harass, annoy, intimidate or threaten any FTR employees or agents engaged in providing any portion of FTR's services;
18. not to display an advertisement, or accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Sites or FTR's services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
19. not to delete the copyright or other proprietary rights notice from any User Content or any portion of the Sites or FTR's services;
20. not to upload or transmit viruses or other harmful, disruptive or destructive files; and
21. not to disrupt, interfere with, or otherwise harm or violate the security of the Sites, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites (including those of our restaurant partners).
You agree that the consequences of commercial use or re-publication Materials from the Sites or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that FTR will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.
THE FOLLOWING DISCLAIMER IS GIVEN TO THE EXTENT PERMITTED BY APPLICABLE LAW AND DOES NOT AFFECT YOUR STATUTORY RIGHTS.
THE SITES, THE MATERIALS AND ALL OTHER CONTENT ON THE SITES ARE PROVIDED "AS IS," ON AN “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM, WITH RESPECT TO THE MATERIALS AND ALL OTHER CONTENT ON THE SITES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FTR DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE MATERIALS AND/OR THE OTHER CONTENT ON THE SITES WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE SITES, THE MATERIALS AND/OR OTHER CONTENT ON THE SITES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. FTR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF A DELIVERY ORDERED ON THE SITES AND/OR THE FOOD OR OTHER PRODUCTS DELIVERED. YOU (AND NOT FTR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE SITES, THE MATERIALS AND/OR OTHER CONTENT ON THE SITES.
We will be responsible to you for loss or damage suffered by you that is a foreseeable result of us breaching our Agreement with you or otherwise failing to comply with our legal obligations to you. We will not be responsible for any loss or damage that is not foreseeable. For these purposes loss or damage will be considered to be foreseeable if it is obvious that it will happen or if you told us when you placed your order that it might happen as a result of us breach of our Agreement with you.
We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. We do not limit our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or for any other liability which it is unlawful for us to limit or exclude.
Save as set out in this clause we will not be responsible for any loss or damage that you suffer as a result of your breach of the Agreement or as a result of any of the circumstances set out in the disclaimers in clause 8. We will also not be responsible to you for any circumstances or event outside our control or for results which you could have avoided by taking reasonable action (for example, damage to your digital devices caused by you failing to maintain reasonable anti-virus protection or security measures). We will also not be liable to you for any businesses losses.
You will have a direct contract with the restaurants which is formed when your order is accepted. We will not be liable to you for the acts or omissions of the restaurants or for problems with their food or service. You should contact the applicable restaurant directly in the event of a problem.
To the extent permitted by law our total liability to you in relation to the Agreement (including liability for negligence) will be limited to the lesser of: (a) the amount paid by you to FTR for using our services and (b) €500.
The Sites may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions ("Third Party Websites"). FTR does not review, monitor, operate and/or control the Third Party Websites and FTR makes no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third Party Websites. By providing access to Third Party Websites, FTR is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. We do not have any responsibility for such Third Party Websites and any third-party business practices (including, without limitation, their privacy policies). Your access and/or use of the Third Party Websites, including providing information, materials and/or other content to the Third Party Websites, is entirely at your own risk. We encourage you to be aware when you access such sites and read the terms and condition and privacy policy of each Third Party Website you use. FTR reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.
Your use of the Sites is subject to any and all additional terms, policies, rules or guidelines applicable to FTR's services or certain features of the Sites that we may post or link to on the Sites (collectively, the "Additional Terms"), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions or content on the Sites. All such Additional Terms are hereby incorporated into this Agreement by reference.
Where we collect or use personal data about you, the terms and conditions of the Privacy Policy located at https://takeawaynow.online/consumer-privacy-policy.html are incorporated into this Agreement by reference.
If you place an order with a restaurant via one of our Sites or choose a delivery option through a service provider, we will share certain information you provide to us with the restaurant and delivery service providers to enable them to complete the delivery of your order. The restaurants and delivery service providers will use your personal data as a controller and will not be operating under our direction or control. To understand how the restaurants and delivery service providers will use your personal data, please see their privacy policies.
FTR respects the intellectual property of others, and we ask all of our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Sites or a website through which our services may be accessed in a way that constitutes copyright infringement, please provide us with notification containing the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works;
3. Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Sites;
4. Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address;
5. A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.
FTR reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Sites from a particular account, device and/or IP address.
We may change this Agreement from time to time and without prior notice. If we make a change to this Agreement, it will be effective as soon as we post it, and the most current version of this Agreement will always be posted under the "Terms of Use" tab ("Updated Terms"). If we make a material change to the Agreement, we may notify you. You agree that you will review this Agreement periodically. By continuing to access and/or use the Sites after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using the Sites. This Agreement will govern any disputes arising before the effective date of the Updated Terms.
If you use the Sites in a business capacity and not as a consumer, you agree to defend, indemnify, and hold us and our directors, affiliates, owners, officers, agents, partners, and employees harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Sites, breach of these terms of use, or breach of your obligations under these terms of use. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
You acknowledge and agree that your access to and/or use of the Sites, the Materials and other content on the Sites is subject to all applicable laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of laws principles.
Direct discussions. In the event of any dispute arising out of or relating to use of the Site, or these terms of use, you agree that the parties hereto shall first seek to settle such dispute through direct discussions between the parties.
Court proceedings. These terms are governed by Irish law and wherever you live you can bring claims against us in the Irish courts. We can claim against you in the courts of the country you live in.
Any waiver by FTR of any provision of this Agreement must be in writing. If any portion of this Agreement is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of this Agreement shall continue to be enforceable and valid according to terms contained herein.
We can transfer our agreement with you, so that a different organisation is responsible for providing the services which we provide. The transfer won't affect your rights under the contract.
From The Restaurant SL (FTR) is a company registered in Spain with NIF B55427660. Our registered office is at c/o Regus Maria de Molina, 8th floor Maria de Molina 39, Madrid, Comunidad de Madrid, 28006. Our VAT number is ESB55427660. You can conduct us via email at support@takeawaynow.com or via the contact details on the Sites.
Company information and contact details for our restaurants can be found on the Sites.
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