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Delivery Term Engrossment

Delivery Service

These terms apply to your access to and use of Delivery Service on https://eathalalonly.com and our mobile app (the Platform). This service is provided by Eat Halal/We/Us.

By clicking “Accept” or by accepting a Delivery order on the Platform you confirm that:

You have authority to do so and to bind the person or company you are accepting for.
You accept our offer to provide the Delivery Service on these terms.
You agree to and will comply in full with these terms.
Your satisfactory completion of certain checks (including ID and food hygiene rating checks) required by Eat Halal from time to time is a condition of this contract coming into effect.

This forms a contract between you and Eat Halal, which commences on the later of the date of your acceptance and the date on which you have completed Eat Halal’s onboarding checks from time to time to Eat Halal’s satisfaction. You should save a copy of these terms for your records. We may make changes to these terms, so check back here from time to time. We’ll notify you of material changes before they happen. If you access or use the Delivery Service after being notified of a change, you’re deemed to have accepted that change.

You can procure other services (e.g. Self-Delivery or Pickup) from Eat Halal by agreeing and entering into a separate contract with us. Each additional contract entered into by you and Eat Halal shall form a separate agreement.

If you have questions about these terms or our Delivery Service please contact us through the Platform.

If we need to contact you, we’ll do so via the email address you have provided to us.

What is Delivery Service

Through its Delivery Service, Eat Halal will provide you with a real-time ordering process that enables customers to place orders with you for delivery on the Platform in the UK (Delivery Orders) from the site/s that you have chosen and we that have agreed to provide Delivery Services to (the Sites). We may agree to amend the Sites from time to time. Eat Halal will also provide Delivery Services and Customer Support Services for your Delivery Orders.

By signing up to Delivery Service, you authorise Eat Halal to act as your agent to solicit, promote and conclude contracts for Delivery Service orders in your name and on your behalf, and to collect customer payments owed to you in respect of those orders.

Customer payments made in respect of orders placed with you through the Delivery Service will be held by Eat Halal on your behalf; payment to Eat Halal settles the customer’s payment obligation to you for these orders.

Delivery Service Fees

Your use of Delivery Service is subject to our applicable service fee from time to time. Our service fee is 10% of the value of the order (inclusive of VAT) per order, plus VAT at the prevailing rate (Delivery Service Fee).

We will pay you an amount equal to the value of the order for your Delivery Orders during the relevant payment period, less the Delivery Service Fee, less any relevant adjustments for refunds paid to customers during the relevant payment period.

You will receive payments from us in accordance with our payment terms applicable in the country you operate in from time to time. We’ll make this payment by electronic bank transfer to the bank account you have nominated. You must cooperate with us so that we can comply with our VAT accounting obligations.

What we will do

If you are new to Eat Halal, when you accept these terms we will onboard you onto our Platform (including, if applicable, providing the equipment to you - see below). You agree that we may subcontract part of the onboarding process.
We will, subject to our rights to suspend your use of Delivery Service under these terms, display your site/s and menu items on the Platform as available for Delivery Orders.
We will facilitate and implement a real-time ordering process which will enable customers to place and pay for Delivery Orders on the Platform.
Provide support services for customers to deal with complaints or enquiries relating to Delivery Orders (Customer Support Service) through a professionally manned contact centre at no further cost to you.
Procure the delivery of Delivery Orders from you to the customer (Delivery Services) using delivery Drivers authorised by Eat Halal to carry out the Delivery Services (Drivers).

What you must do

You must:

Onboarding and set-up

Comply with our Food Hygiene and Safety Policy.
Provide all information, materials and assistance reasonably required by Eat Halal to onboard you to the Platform or launch Delivery Service for you. You must ensure that the information you provide to Eat Halal and customers in or in respect of your use of Delivery Service is complete and accurate in all material respects.
If you are new to the Platform, provide us with accurate descriptions of menu items to be offered in Delivery Service (including any relevant allergen advice and applicable VAT amounts). You agree that:

(a) We may make limited and reasonable edits to menu item descriptions from time to time (including where legally required); and

(b) To ensure a great customer experience the prices for the menu items you provide for displayed on the Platform should be the same as the prices for menu items published in your dine-in or in-store menu.

Display any Delivery Service signage provided by Eat Halal in accordance with our instructions.

Use of Delivery Service

Keep your menu up to date - by giving us at least three days’ notice of changes you require us to make for you.
Ensure that all relevant menu items are available to be ordered by a customer in a Delivery Order during your opening hours, and accept and reject Delivery Service orders as appropriate. Each Delivery Order must meet the applicable minimum Delivery Order value from time to time - if it doesn’t, Eat Halal may charge customers an additional fee.
Ensure that Delivery Orders are prepared using all due skill, care and diligence in line with best practice in your industry.
Ensure that all Delivery Orders are packaged in a way that avoids tampering, minimises spillages, and maintains the order at an appropriate temperature.
Prepare Delivery Orders promptly, accurately and in accordance with the timescales communicated via the Platform. In particular, you must ensure that menu items:

(a) correspond with the descriptions on the Platform (including indications that particular menu items are gluten free, nut free, or are suitable for vegetarians and/or vegans);

(b) are not harmful to health or the environment;

(d) are safely, securely and appropriately packaged at all times (including as reasonably required to withstand delivery); and

(e) are at an appropriate temperature for consumption by the customer.

Take account of any information relating to customer allergies provided with the Delivery Order.
Ensure that Delivery Orders are available for collection by our Drivers in a timely manner.
Ensure that the order number on the Delivery Order packaging corresponds with the order number provided by Eat Halal before the Delivery Order is handed over to the relevant Rider.
Provide each customer with an official receipt for their Delivery Order (and a VAT receipt, if applicable) if requested.

Service Standards

Use reasonable endeavours to reject less than 1% of Delivery Orders received through the Platform.
Use reasonable endeavours to ensure that Delivery Orders are available for collection by our Drivers at the time communicated on the Platform and to keep Drivers waiting for Delivery Orders for no longer than five minutes.
Use reasonable endeavours to ensure that no more than 1% of Delivery Orders contain errors.
You should be available for orders for 98% of your opening hours on the Platform.

General Requirements

Maintain the security and confidentiality of any access credentials we provide to you at all times. You are responsible for the actions of any person using your access credentials.
Comply with all applicable laws and licensing, registration and approvals requirements at all times, and any and all Eat Halal policies made available to you from time to time.
Without prejudice to your general obligation above, you warrant that you have not and will not do anything that breaches any applicable code and/or sanction relating to the prevention or prohibition of bribery, money laundering and similar activities. You must immediately notify Eat Halal if you become aware of any breach of this clause.
Without prejudice to your general obligation above, you shall comply, and procure that all of your employees, contractors, agents and representatives comply, with applicable anti-slavery laws, as relevant to your use of Delivery Service and your fulfilment of Delivery Orders. You must use reasonable endeavours on a continuing basis to ensure that no form of slavery is takes place in your supply chains.
Cooperate with Eat Halal and provide, in a timely manner, such assistance and information as Eat Halal may reasonably require.

Equipment and joining fees

You will need a tablet and a printer to start accepting Delivery Orders. If you’re an existing customer, you can use your existing equipment.

For new customers, when signing up you will be leased a Eat Halal device which will be subject to a one-off joining fee. The risk in the device passes from us to you upon installation. We retain title to the device at all times. You must let us know of any faults with, or damage to, the device and give us access to your site during normal business hours to inspect, clean, repair, replace or remove the device. We may charge a reasonable fee for repairing or replacing a device. You must comply with our Equipment Policy.

We will make software available to you to use on the equipment so that you can use Delivery Service. This software constitutes Eat Halal IP (see below) and it remains our property at all times. You must promptly implement any patches, updates, upgrades and/or new versions of such software that we release from time to time.

Intellectual property

All rights, title and interest in and to Restaurant Hub, any software we provide for your use and any other materials we provide to you under or in connection with these terms are and shall at all times remain Eat Halal’s intellectual property (Eat Halal IP). We grant you a limited, non-exclusive, non-transferrable, non-sublicensable, revocable licence to use the Eat Halal IP in the United Kingdom for the sole purpose of using Delivery Service.

You must not (and shall not permit any third party to):

copy, adapt, reverse engineer, decompile, modify or make error corrections to any Eat Halal IP other than with our express prior written consent;
breach, disable, tamper with, or develop or use any workaround for any security measure in any Eat Halal IP or otherwise do anything that disrupts any Eat Halal IP, Eat Halal or any person.

Eat Halal grants you a non-exclusive, royalty-free, non-sublicensable, non-transferable licence to use Eat Halal branding, which includes the “Eat Halal” logo, name and/or website address in the United Kingdom to allow you to advertise Delivery Service at your sites. You must comply with any Eat Halal policy issued from time to time.

You grant us and our affiliates a non-exclusive, royalty-free licence to use your branding which includes your logos, name and website address(es) in the United Kingdom. You warrant and undertake that your branding does not and will not infringe any third party intellectual property rights. We can use your branding on the Platform, for marketing purposes and as reasonably necessary to provide Delivery Service.

Except for these limited licences:

Eat Halal retains ownership of and all rights in and to Eat Halal branding; and
You retain ownership of and all rights in and to your branding.

We may collect data about your use of Delivery Service. By using Delivery Service you agree to us collecting and using this information. We may use this information for various purposes, including to improve, maintain, protect and develop our products, and to provide Services to you.

Suspension and termination

We may suspend your use of the Platform on giving you notice if we know or suspect you have breached these terms, or if we otherwise consider suspension reasonably necessary taking account of all relevant circumstances.

We will give you the reasons for the suspension where permitted by law. We will maintain the suspension until you have remedied the breach to our reasonable satisfaction or we no longer consider the suspension necessary in the circumstances.

These terms take effect on acceptance (see above) and continue until terminated by either party giving 30 days’ written notice to the other. If permitted by law and where we consider immediate termination necessary in the circumstances, we may give you written notice to terminate these terms with immediate effect.

Legal terms

SAVE AS SET OUT BELOW, WE EXCLUDE ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE HAVE NO LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR SPECIAL DAMAGES OF ANY KIND OR FOR LOSS OF PROFITS, REVENUE OR BUSINESS ARISING OUT OF OR RELATING TO DELIVERY SERVICE, ORDERS PLACED BY CUSTOMERS USING DELIVERY SERVICE OR THESE TERMS.

Eat Halal will be responsible for customer claims that a Delivery Order has been spilled or crushed in the course of the Delivery Services or that it is not an appropriate temperature for consumption on delivery where the Delivery Services took more than 15 minutes (except where the Delivery Order wasn’t packaged in accordance with these terms).

Customers may be eligible for compensation in respect of a Delivery Order. Eat Halal will determine this in accordance with its complaints procedure from time to time. Refunds for which you are responsible under our complaints procedure will be deducted from our payment to you.

DELIVERY SERVICE IS OTHERWISE PROVIDED AS-IS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO DELIVERY SERVICE INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON INFRINGEMENT OF THIRD-PARTY RIGHTS.

Each party shall not at any time during this agreement and for a period of two years after termination of this agreement, use or disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as necessary to perform its obligations or exercise its rights under these terms. A party may disclose the other’s confidential information if required by law, provided it notifies the other in advance where permitted.

These terms are the entire agreement between us in relation to Delivery Service. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.

A delay in enforcing these terms is not a waiver. If part of these terms is found to be illegal or unenforceable, the rest of the terms remain in force. These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999. Neither of us will be in breach of these terms or liable for delay in performing, or failure to perform, any of its obligations under these terms if the delay or failure results from events, circumstances or causes beyond our reasonable control.

These terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction in respect of any dispute or claim arising out of or in connection with these terms.

Data protection

We will each comply with the following with respect to data protection.

1. DEFINED TERMS

Controller, Data Subject, Personal Data and processing all have the meanings given to them in DP Laws (and related terms like process have corresponding meanings).

Complaint a notice, complaint or request relating to the obligations of either party under DP Laws that is relevant to the Protected Data.

Data Subject Request a Data Subject’s request to exercise their rights under DP Laws.

DP Laws any law, enactment, regulation, regulatory policy, by law, ordinance or subordinate legislation relating to the processing, privacy, and use of Personal Data, that applies to the Partner, Eat Halal and/or the Delivery Service, including (a) any laws or regulations implementing EU Directives 95/46/EC (Data Protection Directive) or 2002/58/EC (ePrivacy Directive); and (b) the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and all relevant Member State laws giving effect to or corresponding with the GDPR, in each case, as in force and applicable.

Protected Data Personal Data received from or on behalf of the Customer for the purposes of placing a Delivery Service order.

Supervisory Authority any local, national or multinational agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for administering DP Laws.

2. USE OF PROTECTED DATA

We will give you the details of the customer’s Delivery Service order to allow you to process and fulfil it (Order Info). You must not access or use any Order Info for any purpose other than the fulfilment of the Delivery Service order to which it relates in accordance with these terms.

We will also provide access to Protected Data at your request if you reasonably require access to deal with a customer Complaint or respond to a Data Subject Request.

3. PROTECTED DATA OBLIGATIONS

The parties acknowledge and agree that, in respect of the Protected Data, each party is an independent controller. Each party shall comply with DP Laws and its obligations under these terms in connection with the access to and use of Protected Data.

Each party may deal at its discretion with all Data Subject Requests and Complaints that it receives directly from a Data Subject or the person making the Complaint.

Each party agrees to provide reasonable and prompt assistance to the other party as necessary to assist the other party to ensure compliance with its obligations under DP Laws and enable the other party to comply with Data Subject Requests and/or respond to other queries or Complaints received from Data Subjects or Supervisory Authorities, in each case related to the Protected Data.

To the extent permitted by law, you must not issue any public statement or notification about Protected Data without first obtaining Eat Halal’s consent.

Self-Delivery Service

These terms

These terms apply to your access to and use of Eat Halal’s Self-Delivery Service on https://eathalalonly.com and our mobile app (the Platform). This service is provided by Eat Halal.

By clicking “Accept” or by accepting a ‘Delivery’ order on the Platform you confirm that:

You have authority to do so and to bind the person or company you are accepting for.
You accept our offer to provide the Self-Delivery Service on these terms.
You agree to and will comply in full with these terms.
Your satisfactory completion of certain checks (including ID and food hygiene rating checks) required by Eat Halal from time to time is a condition of this contract coming into effect.

This forms a contract between you and Eat Halal, which commences on the later of the date of your acceptance and the date on which you have completed Eat Halal’s onboarding checks from time to time to Eat Halal’s satisfaction. You should save a copy of these terms for your records. We may make changes to these terms, so check back here from time to time. We’ll notify you of material changes before they happen. If you access or use the Self-Delivery Service after being notified of a change, you’re deemed to have accepted that change.

You can procure other services (e.g. Delivery Service or Pickup) from Eat Halal by agreeing and entering into a separate contract with us. Each additional contract entered into by you and Eat Halal shall form a separate agreement.

If you have questions about these terms or our Self-Delivery Service please contact us through the Platform.

If we need to contact you, we’ll do so via the email address you have provided to us.

What is Self-Delivery

Through its Self-Delivery Service, Eat Halal will provide you with an online ordering process that enables customers to place orders with you for delivery on the Platform in the UK (Delivery Orders) from the site/s that you have chosen and we that have agreed to provide Self-Delivery Services to (the Sites). The Delivery Orders will be delivered by your own fleet of delivery Drivers (Drivers). We may agree to amend the Sites from time to time. Eat Halal will also provide Customer Support Services for your Delivery Orders.

By signing up to Self-Delivery Service, you authorise Eat Halal to act as your agent to solicit, promote and conclude contracts for Self-Delivery Service orders in your name and on your behalf, and to collect customer payments owed to you in respect of those orders.

Customer payments made in respect of orders placed with you through the Self-Delivery Service will be held by Eat Halal on your behalf; payment to Eat Halal settles the customer’s payment obligation to you for these orders.

Self-Delivery Service Fees

Your use of Self-Delivery Service is subject to our applicable service fee from time to time. Our service fee is calculated as a percentage of the value of the order (inclusive of VAT) per order, plus VAT at the prevailing rate (Self-Delivery Service Fee).

We will pay you an amount equal to the value of the order for your Delivery Orders during the relevant payment period, less the Self-Delivery Service Fee, less any relevant adjustments for refunds paid to customers during the relevant payment period.

What we will do

If you are new to Eat Halal, when you accept these terms we will onboard you onto our Platform (including, if applicable, providing the equipment to you - see below). You agree that we may subcontract part of the onboarding process.
We will, subject to our rights to suspend your use of Self-Delivery Service under these terms, display your site/s and menu items on the Platform as available for Delivery Orders.
We will facilitate and implement an online ordering process which will enable customers to place and pay for Delivery Orders on the Platform (Self-Delivery Services).
Provide support services for customers to deal with complaints or enquiries relating to Delivery Orders (Customer Support Service) through a professionally manned contact centre at no further cost to you.

What you must do

You must:

Onboarding and set-up

Comply with our food hygiene and safety policy.
Provide all information, materials and assistance reasonably required by Eat Halal to onboard you to the Platform or launch Self-Delivery Service for you. You must ensure that the information you provide to Eat Halal and customers in or in respect of your use of Self-Delivery Service is complete and accurate in all material respects.
If you are new to the Platform, provide us with accurate descriptions of menu items to be offered in Self-Delivery Service (including any relevant allergen advice and applicable VAT amounts). You agree that:

(a) We may make limited and reasonable edits to menu item descriptions from time to time (including where legally required);

Display any Self-Delivery Service signage provided by Eat Halal in accordance with our instructions.
You are responsible for setting the fee that consumers pay for delivery and the delivery radius within which your Drivers will deliver Delivery Orders.

Use of Self-Delivery Service

Keep your menu up to date - by giving us at least three days’ notice of changes you require us to make for you.
Ensure that all relevant menu items are available to be ordered by a customer in a Delivery Order during your opening hours, and accept and reject Self-Delivery Service orders as appropriate. You are responsible for setting the minimum Delivery Order value.
Ensure that Delivery Orders are prepared using all due skill, care and diligence in line with best practice in your industry.
Ensure that Delivery Orders are packaged in a way that avoids tampering, minimises spillages, and maintains the order at an appropriate temperature.
Prepare Delivery Orders promptly, accurately and in accordance with the timescales communicated via the Platform. In particular, you must ensure that menu items:

(a) correspond with the descriptions on the Platform (including indications that particular menu items are gluten free, nut free, or are suitable for vegetarians and/or vegans);

(b) are not harmful to health or the environment;

(d) are safely, securely and appropriately packaged at all times (including as reasonably required to withstand delivery); and

(e) are at an appropriate temperature for consumption by the customer.

Take account of any information relating to customer allergies provided with the Delivery Order.
Ensure that the order number on the Delivery Order packaging corresponds with the order number provided by Eat Halal before the Delivery Order is handed over to the relevant Rider.
Ensure that your Drivers deliver the orders to the address specified in a professional manner.
Provide each customer with an official receipt for their Delivery Order (and a VAT receipt, if applicable) if requested.

Service Standards

Use reasonable endeavours to reject less than 1% of Delivery Orders received through the Platform.
Use reasonable endeavours to ensure that Delivery Orders are available for collection by your Drivers at the time communicated on the Platform and to keep Drivers waiting for Delivery Orders for no longer than five minutes.
Use reasonable endeavours to ensure that no more than 1% of Delivery Orders contain errors.
You should be available for orders for 98% of your opening hours on the Platform.

General Requirements

Maintain the security and confidentiality of any access credentials we provide to you at all times. You are responsible for the actions of any person using your access credentials.
Comply with all applicable laws and licensing, registration and approvals requirements at all times, and any and all Eat Halal policies made available to you from time to time.
Without prejudice to your general obligation above, you warrant that you have not and will not do anything that breaches any applicable code and/or sanction relating to the prevention or prohibition of bribery, money laundering and similar activities. You must immediately notify Eat Halal if you become aware of any breach of this clause.
Without prejudice to your general obligation above, you shall comply, and procure that all of your employees, contractors, agents and representatives comply, with applicable anti-slavery laws, as relevant to your use of Self-Delivery Service and your fulfilment and delivery of Delivery Orders. You must use reasonable endeavours on a continuing basis to ensure that no form of slavery is takes place in your supply chains.
Cooperate with Eat Halal and provide, in a timely manner, such assistance and information as Eat Halal may reasonably require.

Equipment and joining fees

You will need a tablet and a printer to start accepting Delivery Orders. If you’re an existing customer, you can use your existing equipment.

For new customers, when signing up you will be given two options for equipment (you can find the latest pricing for each on our sign-up pages). Each option is subject to a one-off joining fee.

You can use your own device (which you are responsible for obtaining and maintaining).
You can lease a Eat Halal device. The risk in the device passes from us to you upon installation. We retain title to the device at all times. You must let us know of any faults with, or damage to, the device and give us access to your site during normal business hours to inspect, clean, repair, replace or remove the device. We may charge a reasonable fee for repairing or replacing a device. You must comply with our Equipment Policy.

We will make software available to you to use on the equipment so that you can use the Self-Delivery Service. This software constitutes Eat Halal IP (see below) and it remains our property at all times. You must promptly implement any patches, updates, upgrades and/or new versions of such software that we release from time to time.

Intellectual property

You must not (and shall not permit any third party to):

copy, adapt, reverse engineer, decompile, modify or make error corrections to any Eat Halal IP other than with our express prior written consent;
breach, disable, tamper with, or develop or use any workaround for any security measure in any Eat Halal IP or otherwise do anything that disrupts any Eat Halal IP, Eat Halal or any person.

Eat Halal grants you a non-exclusive, royalty-free, non-sublicensable, non-transferable licence to use Eat Halal branding, which includes the “Eat Halal” logo, name and/or website address in the United Kingdom to allow you to advertise Self-Delivery Service at your sites. You must comply with any Eat Halal policy issued from time to time.

Except for these limited licences:

Eat Halal retains ownership of and all rights in and to Eat Halal branding; and
You retain ownership of and all rights in and to your branding.

We may collect data about your use of Self-Delivery Service. By using Self-Delivery Service you agree to us collecting and using this information. We may use this information for various purposes, including to improve, maintain, protect and develop our products, and to provide Services to you.

Suspension and termination

Legal terms

SAVE AS SET OUT BELOW, WE EXCLUDE ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE HAVE NO LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR SPECIAL DAMAGES OF ANY KIND OR FOR LOSS OF PROFITS, REVENUE OR BUSINESS ARISING OUT OF OR RELATING TO SELF-DELIVERY SERVICE, ORDERS PLACED BY CUSTOMERS USING SELF-DELIVERY SERVICE OR THESE TERMS.

SELF-DELIVERY SERVICE IS OTHERWISE PROVIDED AS-IS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO SELF-DELIVERY SERVICE INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON INFRINGEMENT OF THIRD-PARTY RIGHTS.

These terms are the entire agreement between us in relation to Self-Delivery Service. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.

Data protection

We will each comply with the following with respect to data protection.

1. DEFINED TERMS

Controller, Data Subject, Personal Data and processing all have the meanings given to them in DP Laws (and related terms like process have corresponding meanings).

Complaint a notice, complaint or request relating to the obligations of either party under DP Laws that is relevant to the Protected Data.

Data Subject Request a Data Subject’s request to exercise their rights under DP Laws.

DP Laws any law, enactment, regulation, regulatory policy, by law, ordinance or subordinate legislation relating to the processing, privacy, and use of Personal Data, that applies to the Partner, Eat Halal and/or the Self-Delivery Service, including (a) any laws or regulations implementing EU Directives 95/46/EC (Data Protection Directive) or 2002/58/EC (ePrivacy Directive); and (b) the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and all relevant Member State laws giving effect to or corresponding with the GDPR, in each case, as in force and applicable.

Protected Data Personal Data received from or on behalf of the Customer for the purposes of placing a Self-Delivery Service order.

2. USE OF PROTECTED DATA

We will give you the details of the customer’s Self-Delivery Service order to allow you to process and fulfil it (Order Info). You must not access or use any Order Info for any purpose other than the fulfilment of the Self-Delivery Service order to which it relates in accordance with these terms.

We will also provide access to Protected Data at your request if you reasonably require access to deal with a customer Complaint or respond to a Data Subject Request.

3. PROTECTED DATA OBLIGATIONS

Each party may deal at its discretion with all Data Subject Requests and Complaints that it receives directly from a Data Subject or the person making the Complaint.

To the extent permitted by law, you must not issue any public statement or notification about Protected Data without first obtaining Eat Halal’s consent.

Pickup Service

These terms

These terms apply to your access to and use of Pickup on https://eathalalonly.com and our mobile app (the Platform). Pickup is provided by Eat Halal.

By clicking “Accept” or by accepting a Pickup order on the Platform you confirm that:

You have authority to do so and to bind the person or company you are accepting for.
You accept our offer to provide Pickup on these terms.
You agree to and will comply in full with these terms.
Your satisfactory completion of certain checks (including ID and food hygiene rating checks) required by Eat Halal from time to time is a condition of this contract coming into effect.

This forms a contract between you and Eat Halal, which commences on the later of the date of your acceptance and the date on which you have completed Eat Halal’s onboarding checks from time to time to Eat Halal’s satisfaction. You should save a copy of these terms for your records. We may make changes to these terms, so check back here from time to time. We’ll notify you of material changes before they happen. If you access or use Pickup after being notified of a change, you’re deemed to have accepted that change.

You can procure other services (e.g. Delivery or Self-Delivery) from Eat Halal by agreeing and entering into a separate contract with us. Each additional contract entered into by you and Eat Halal shall form a separate agreement.

If you have questions about these terms or Pickup please contact us through the Platform.

If we need to contact you, we’ll do so via the email address you have provided to us.

What is Pickup

Pickup allows customers to place an order on the Platform and pick it up from your site in the UK (Pickup Orders).

By signing up to Pickup, you authorise Eat Halal to act as your agent to solicit, promote and conclude contracts for Pickup Orders in your name and on your behalf and to collect customer payments owed to you in respect of those orders.

Pickup Service Fee

Your use of Pickup is subject to our applicable service fee from time to time. Our service fee is calculated as a percentage of the value of the order (inclusive of VAT) per order, plus VAT at the prevailing rate (Pickup Service Fee).

We will pay you an amount equal to the value of the order for your Pickup Orders during the relevant payment period, less the Pickup Service Fee, less any relevant adjustments for refunds paid to customers during the relevant payment period.

What we will do

If you are new to Eat Halal, when you accept these terms we will onboard you onto our Platform. You agree that we may subcontract part of the onboarding process.
We will, subject to our rights to suspend your use of Pickup under these terms, display your site/s and menu items on the Platform as available for Pickup orders.
We will facilitate and implement a real-time ordering process which will enable customers to place and pay for Pickup orders on the Platform.
Provide support services for customers to deal with complaints or enquiries relating to Pickup Orders through a professionally manned contact centre at no further cost to you.

What you must do

You must:

Onboarding and set-up

Comply with our food hygiene and safety policy.
Provide all information, materials and assistance reasonably required by Eat Halal to onboard you to the Platform or launch Pickup for you. You must ensure that the information you provide to Eat Halal and customers in or in respect of your use of Pickup is complete and accurate in all material respects.
If you are new to the Platform, provide us with accurate descriptions of menu items to be offered in Pickup (including any relevant allergen advice and applicable VAT amounts). You agree that:

(a) We may make limited and reasonable edits to menu item descriptions from time to time (including where legally required).

(b) To ensure a great customer experience, the prices for the menu items you provide for display on the Platform should be the same as the prices for menu items published in your dine-in or in-store menu. You agree that if a customer provides us with evidence that, without reference to promotional offers, the price in-restaurant/store is lower than the price of the menu item on the Platform, we will refund the difference to the customer and deduct an amount equal to the refund from the payment we make to you.

Display any Pickup signage provided by Eat Halal in accordance with our instructions.

Use of Pickup

Keep your menu up to date - by giving us at least three days’ notice of changes you require us to make for you.
Ensure that all relevant menu items are available to be ordered by a customer during your opening hours, and accept and reject Pickup Orders as appropriate. You should not accept cash payment for Pickup Orders.
Ensure that Pickup Orders are prepared using all due skill, care and diligence in line with best practice in your industry.
Ensure that all Pickup Orders are packaged in a way that avoids tampering, minimises spillages, and maintains the order at an appropriate temperature.
Prepare Pickup Orders promptly, accurately and in accordance with the timescales communicated via the Platform. In particular, you must ensure that menu items:

(a) correspond with the descriptions on the Platform (including indications that particular menu items are gluten free, nut free, or are suitable for vegetarians and/or vegans);

(b) are not harmful to health or the environment;

(d) are safely and appropriately served at all times; and

(e) are at an appropriate temperature for consumption by the customer.

Take account of any information relating to customer allergies provided with the Pickup order.
Ensure that Pickup Orders are available for collection by customers in a timely manner.
Ensure that the order number on the Pickup Order packaging corresponds with the order number provided by Eat Halal before the Pickup Order is handed over to the relevant Rider.
Provide each customer with an official receipt for their Pickup order (and a VAT receipt, if applicable) if requested.
Ensure that customers are at all times treated in a professional manner by staff and are provided with access to a safe pick up area.

Service Standards

Use reasonable endeavours to reject less than 1% of Pickup Orders received through the Platform.
Use reasonable endeavours to ensure that Pickup Orders are available for collection by customers at the time communicated on the Platform and keep customers waiting for Pickup Orders for no longer than five minutes.
Use reasonable endeavours to ensure that no more than 1% of Pickup Orders contain errors.
You should be available for orders for 98% of your opening hours on the Platform.

General Requirements

Maintain the security and confidentiality of any access credentials we provide to you at all times. You are responsible for the actions of any person using your access credentials.
Comply with all applicable laws and licensing, registration and approvals requirements at all times, and any and all Eat Halal policies made available to you from time to time.
Without prejudice to your general obligation above, you warrant that you have not and will not do anything that breaches any applicable code and/or sanction relating to the prevention or prohibition of bribery, money laundering and similar activities. You must immediately notify Eat Halal if you become aware of any breach of this clause.
Without prejudice to your general obligation above, you shall comply, and procure that all of your employees, contractors, agents and representatives comply, with applicable anti-slavery laws, as relevant to your use of Delivery Service and your fulfilment of Delivery Orders. You must use reasonable endeavours on a continuing basis to ensure that no form of slavery is takes place in your supply chains.
Cooperate with Eat Halal and provide, in a timely manner, such assistance and information as Eat Halal may reasonably require.

Equipment and joining fees

You will need a tablet and a printer to start accepting Pickup orders. If you’re an existing customer, you can use your existing equipment.

For new customers, when signing up you will be given two options for equipment (you can find the latest pricing for each on our sign-up pages). Each option is subject to a one-off joining fee.

You can use your own device (which you are responsible for obtaining and maintaining).
You can lease a Eat Halal device. The risk in the device passes from us to you upon installation. We retain title to the device at all times. You must let us know of any faults with, or damage to, the device and give us access to your site during normal business hours to inspect, clean, repair, replace or remove the device. We may charge a reasonable fee for repairing or replacing a device. You must comply with our Equipment Policy.

We will make software available to you to use on the equipment so that you can use Pickup. This software constitutes Eat Halal IP (see below) and it remains our property at all times. You must promptly implement any patches, updates, upgrades and/or new versions of such software that we release from time to time.

Intellectual property

You must not (and shall not permit any third party to):

copy, adapt, reverse engineer, decompile, modify or make error corrections to any Eat Halal IP other than with our express prior written consent;
breach, disable, tamper with, or develop or use any workaround for any security measure in any Eat Halal IP or otherwise do anything that disrupts any Eat Halal IP, Eat Halal or any person.

Eat Halal grants you a non-exclusive, royalty-free, non-sublicensable, non-transferable licence to use Eat Halal branding, which includes the “Eat Halal” logo, name and/or website address in the United Kingdom to allow you to advertise Pickup at your sites. You must comply with any Eat Halal policy issued from time to time.

Except for these limited licences:

Eat Halal retains ownership of and all rights in and to Eat Halal branding; and
You retain ownership of and all rights in and to your branding.

We may collect data about your use of Pickup. By using Pickup you agree to us collecting and using this information. We may use this information for various purposes, including to improve, maintain, protect and develop our products, and to provide Services to you.

Suspension and termination

Legal terms

WE EXCLUDE ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE HAVE NO LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR SPECIAL DAMAGES OF ANY KIND OR FOR LOSS OF PROFITS, REVENUE OR BUSINESS ARISING OUT OF OR RELATING TO PICKUP, ORDERS PLACED BY CUSTOMERS USING PICKUP OR THESE TERMS.

Customers may be eligible for compensation in respect of a Pickup Order. Eat Halal will determine this in accordance with its complaints procedure from time to time. Refunds for which you are responsible under our complaints procedure will be deducted from our payment to you.

PICKUP IS PROVIDED AS-IS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO PICKUP INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON INFRINGEMENT OF THIRD-PARTY RIGHTS.

These terms are the entire agreement between us in relation to Pickup. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.

These terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction in respect out of or in connection with these terms.

Data protection

We will each comply with the following with respect to data protection.

1. DEFINED TERMS

Controller, Data Subject, Personal Data and processing all have the meanings given to them in DP Laws (and related terms like process have corresponding meanings).

Complaint a notice, complaint or request relating to the obligations of either party under DP Laws that is relevant to the Protected Data.

Data Subject Request a Data Subject’s request to exercise their rights under DP Laws.

DP Laws any law, enactment, regulation, regulatory policy, by law, ordinance or subordinate legislation relating to the processing, privacy, and use of Personal Data, that applies to the Partner, Eat Halal and/or Pickup, including (a) any laws or regulations implementing EU Directives 95/46/EC (Data Protection Directive) or 2002/58/EC (ePrivacy Directive); and (b) the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and all relevant Member State laws giving effect to or corresponding with the GDPR, in each case, as in force and applicable.

Protected Data Personal Data received from or on behalf of the Customer for the purposes of placing a Pickup Order.

2. USE OF PROTECTED DATA

We will give you the details of the customer’s Pickup Order to allow you to process and fulfil it (Order Info). You must not access or use any Order Info for any purpose other than the fulfilment of the Pickup Order to which it relates in accordance with these terms.

We will also provide access to Protected Data at your request if you reasonably require access to deal with a customer Complaint or respond to a Data Subject Request.

3. PROTECTED DATA OBLIGATIONS

Each party may deal at its discretion with all Data Subject Requests and Complaints that it receives directly from a Data Subject or the person making the Complaint.

To the extent permitted by law, you must not issue any public statement or notification about Protected Data without first obtaining Eat Halal’s consent.

Payment Cycle - Contract Change

We refer to the agreement(s) between us that relate to the provision by us of Core Services, Self-Delivery Services and/or Pick-up Services (for the purpose of this amendment only, the “Agreements” and the “Services”, respectively). Pursuant to the provisions in the Agreement that permit us to make amendments that do not materially affect the Services, we are amending the Agreements to alter the payment terms such that you are paid on approximately a weekly basis.

This amendment sets out the basis on which the Core Services Fees, Self-Delivery Services Fees, Pick-up and/or Services Fees (for the purposes of this amendment only, the “Fees”) and the Menu Items Amount and Restaurant Payments are calculated.

From 10th August 2023 onwards, and subject to transition periods notified to you:

The relevant clauses about the timing of the payment of the Fees are deemed replaced with the following.
Fees in your Agreement shall be calculated weekly on the Calculation Day by reference to consecutive periods of approximately the 7 days ending on the Sunday immediately prior to such Calculation Day (or, during the first such period, such period from the commencement of the Agreement ending on the Sunday immediately prior to such Calculation Day) (each, a “Period”)
A day shall be regarded as beginning at 00:00 UTC time and ending at 23:59 UTC time;
Within 2 Business Days of the Calculation Day, Eat Halal shall:

(i) send or otherwise make available to you a statement summarising the Menu Items ordered from the you during the relevant Period (the “Menu Items Amount”);

(ii) send or otherwise make available to you a statement summarising the corresponding amount due to the you, which shall be the Menu Items Amount less the Fees applicable in the Agreement (the “Restaurant Payment” or “Partner Payment” as the case may be); and

(iii) authorise the transfer of the Restaurant Payment or Partner Payment (as the case may be) to you by electronic bank transfer to a bank account in the Territory nominated by you.

Notwithstanding the above, Eat Halal may make available, and you may elect to apply, alternative arrangements for the Period or the timing of the Restaurant Payment or Partner Payment (as the case may be) from time to time. In the event of any conflict between the terms of such alternative arrangements and these terms, the terms of such alternative arrangements shall prevail.

“Calculation Day” means the applicable Eat Halal standard day on which Eat Halal calculates payments to restaurants and partners in the Territory .

Except as set out above, your Agreements with us shall continue in full force and effect. If there is any direct conflict or inconsistency between the terms above and your Agreements, the terms above shall prevail.

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