TERMS & CONDITIONS
Introduction
These terms and conditions ("Terms") govern your engagement with www.eg-otm.com and any other applications, websites, or apps (the "Sites") operated by EG On The Move Limited ("EGOTM" and “We” and "Us") in connection with our offering of certain products, services and benefits, which may include participation in a customer membership or loyalty club, use of a mobile application, provision of informative materials, benefits, features, events, sales or promotions, all to the extent available from time to time ("Services").
Additional terms or documents contained on the Sites may govern the use of specific features or benefits, and such specific terms will take precedence over these Terms.
Our End User Privacy Notice explains our practices regarding the collection, processing, and transfer of any personal data.
You can only place an order on our Sites if you’re over the age of 16. If you are at least 16 years old but not yet 18 years old, you must review these terms and conditions with your parent or guardian. If you place an order on our Sites, you are confirming to us that you are either at least 18 years old and legally capable of entering a contract to buy our products or are at least 16 years old but not yet 18 years old and have your parent or guardian’s permission to enter a contract to buy our products or to use our Services.
Please read these Terms carefully. If you do not wish to be bound by these Terms, then you should not access the Sites. Access of the Sites by you shall be deemed to be your acceptance of these Terms.
SERVICES
- Subject to these Terms, You may access and use the Services on a non-exclusive basis for your own privacy, personal, non-commercial use.
- Our Sites are made available to You free of charge.
- Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Services does not violate any applicable law, regulation, or obligation you may have to a third party; and (d) you shall comply with applicable laws, regulations, and these Terms throughout your use of the Services. You are solely responsible for ensuring that these Terms follow all laws, rules, and regulations applicable to You. The right to access the Services is revoked where these Terms or use of the Services is prohibited.
- We may, at any time and without prior notice, change the scope or availability of the Services, the benefits, content, and functionalities, and may add or remove features.
- We may use information that you provide to let you know about products and Services that it believes will be of interest to you and will offer you the opportunity to unsubscribe from any such messages. For more information, see the End User Privacy Notice.
TERMINATION
- Subject to applicable law, we may, at any time, at our sole discretion, terminate or suspend the operation of the Services, its components, features, or any part thereof, temporarily or permanently. Efforts will be made to publish a termination or suspension notice a reasonable time beforehand. You may request termination of your account at any time by sending an email to us at [email protected] or via means provided on the Sites. Upon termination, you must discontinue any use of the Services.
- We may suspend or terminate your account with immediate effect and may take any other corrective action we deem appropriate, including if we believe that you have abused your rights, violated the letter or spirit of these Terms, or engaged in any behaviour that is fraudulent, harassing, abusive, illegal, or harmful to other users, third parties, or to us. If your account is terminated, you may not rejoin without our permission.
- To the maximum extent permitted by law, upon termination of the Services or any features provided by the Services, any benefits or rights to benefits which you have earned when using the Services will expire immediately, all at our sole discretion. If a mobile application is provided as part of the Services ("App"), removal of the App does not automatically unsubscribe you from our membership club, for which you should unsubscribe separately.
- Suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
USE RESTRICTIONS
- You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Services, including framing or mirroring any part of the Site or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content available through the Services; (3) use the Services or content thereon in connection with any personal or commercial endeavours in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (5) use or access another user's account without permission; (6) use the Services or content thereon in any manner not permitted by these Terms or applicable law, including all applicable export laws and regulations to (re)export the Services and/or any related materials in violation of such laws.
- To the extent you are provided with login details as part of your use of the Services, you are solely responsible for keeping them confidential and not sharing them with any third party. We shall not be liable for any loss or damage arising from unauthorized access to or use of your account or benefits from your failure to keep your information confidential.
PAYMENTS AND PRODUCTS
- The Services may include an online or physical store through which you can purchase certain goods or services ("Products"). To make purchases, you will be asked to provide customary billing information such as name, billing address and credit card information to Us or to our third-party payment processor(s). Depending on our technical configurations, We may save these details for future purchases. Information of payment methods used by you may be used by the Services to allow automatic identification. You hereby authorize the collection of such amounts by charging the credit card provided, via a third-party payment processor. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's Personal Data collection practices. Please review such terms and conditions and privacy policy before using such services.
- Products, offerings, appointment, reservations, bookings, scheduling, dealings, transactions and interactions that may be available through the Services are customized and handled by Us and may be supported or enabled by third parties' services linked to, embedded in or integrated with the Services (for example: e-commerce platforms, scheduling service providers, payment services providers, etc.). We are not responsible for the independent actions of any of our service providers.
- The Products shall be offered in compliance with applicable law, including applicable consumer protection laws. Any returns of Products shall be conducted in accordance with the required conditions under applicable consumer protection laws.
- The Services may include promotions, advertisements and commercial information. By clicking advertisements, you may be transferred to an advertiser's website and may choose to receive any other messages, information or offers from the advertiser and from others. To the maximum extent permitted by law, We are not responsible for any of the advertisers' practices including their privacy practices, or for the content of their websites, information, messages, or offers.
- Products offered for delivery are shown on the delivery menu pages on the relevant our Sites, as updated from time to time. There may be some products we sell in store that are not available for delivery via our Sites. The Products you order may vary slightly from the images of the products shown on our Sites.
- The prices of our Products are shown on our Sites, as updated from time to time. Our delivery prices may be different to what you’re used to paying in-store. Prices may also vary from store to store and depending on the type, quantity and/or size of the products ordered as well as any variations, amendments or additions you order. All our prices are inclusive of VAT and any other applicable taxes unless otherwise indicated.
- Some ingredients are made in factories that handle nuts. We don’t have a separate nut-free or vegetarian preparation or cooking areas. Our teams regularly handle multiple food ingredients in our kitchens, our food and packaging may contact allergens during preparation, cooking and delivery. Delivery couriers may deliver more than one order. We can’t guarantee that any items are 100% allergen free including ingredients removed on request.
- Some of our foodservice businesses prepare halal food but we cannot guarantee that food prepared in these restaurants will remain halal during the delivery process.
- As all our products are made fresh to order, it is possible that we might run out of stock from time to time. Whilst we will make every effort to remove these out-of-stock items from our Sites as soon as possible we may need to substitute part of your order for something of equal or greater value. We apologise if this happens.
CUSTOMER LOYALTY FEATURES DESCRIPTION
Through the Services you may be offered the ability to participate in certain customer loyalty features, to the extent available from time to time. We do not guarantee that any of these features will be offered at any time. You may be required to be a member of our customer membership club to use certain features. To the extent provided, these customer loyalty features are subject to applicable law and may be subject to additional terms, as follows:
- Scratch Cards. Digital scratch cards allow you to click to unveil rewards, discounts, or other benefits ("Benefits") that are hidden behind virtual scratch panels. Some scratch cards may entitle you to a prize within an individual game. The Benefits available may change from time to time. We may need You to key in a code into your device, scan a QR code, or use another feature available to you on the Services to enable you to redeem your Benefit. Do not click the "Redeem" button or otherwise try to redeem a Benefit unless you are at our premises and actively presenting your Benefit to Us.
- Point Accumulation Plans. This feature allows you to earn points for each purchase you make in our premises and/or other actions taken by you on the Services and/or for other activities, as determined by Us. The points that you earn can be redeemed at a conversion ratio pre-determined by Us. Your aggregate number of points will be presented to you via the Services.
- To process payments and fulfill orders.
- Punch Card. This feature allows you to collect "punches" on a virtual punch card. When you've collected several punches in the amount pre-determined by Us, you will be eligible to get a Benefit. A punch may be earned for a purchase in our premises, an action on the Services (e.g. sharing something on social media), or another action as determined by Us. Subject to any specific punch card rules and the setup of the Services, your punch card may be punched automatically when you make certain purchases, or you may be provided with a code to be used to register the punch.
- To process payments and fulfill orders.
- Pre-paid Card. This feature allows you to purchase a pre-paid punch card entitling you to a fixed number of items that you may redeem at our premises, via the Services or otherwise as solely determined by Us. Items from a pre-paid card are redeemable until the expiration date indicated on the card
- Pay with Budget. This feature allows you to charge (and recharge) your Services with certain amount of credit by purchasing it ("Budget"). With the Budget, you may purchase items from Us until such credit reaches a balance of zero (0). Your current Budget will be displayed on the Services.
- Coupons. This feature offers you a coupon code (e.g. a number, barcode, or QR). To use the coupon, the coupon code needs to be keyed, scanned and/or read at checkout/payment page or by the cashier at our premises. Only one coupon may be used for each transaction, unless stated otherwise on the coupon. Each coupon can be used only within the valid dates thereon. Expired coupons will not be accepted. Coupons may be subject to certain limitations and/or preconditions as indicated thereon. Coupons cannot be exchanged for cash or gift cards. We reserve the right to limit the use of or revoke any coupon. We may decide at our sole discretion not to honour coupons which we do not recognize, which are not present in the Services database/lists, or which have allegedly already been used. Coupons that have been applied are non-refundable.
- General Club Deals. We may, at our sole discretion, determine that certain Benefits shall apply to registered club members, or to certain groups of members. To receive Benefit(s) you may have to identify yourself to Us as a registered member and may have to provide identification details (such as name or phone number). If you do not actively identify yourself to Us, you may not be able to receive the Benefit to which you would otherwise be entitled.
CUSTOMER LOYALTY FEATURES – TERMINATION; DISCLAIMER.
- Subject to applicable law, Customer Loyalty Features on your Services will automatically expire upon any of the following events: (a) use of the specific feature, including use of Budget or redemption of a Benefit; (b) upon the expiration date indicated; (c) if you remove the Services from your device; (d) if We have decided to cancel that feature and/or Benefit for any reason; or (e) if the Services are terminated generally or the Site becomes unavailable.
- We may, at any time and without notice: (a) suspend or cancel any Customer Loyalty Features and/or Benefits if you have violated these Terms or part thereof in the event of violation of these Terms or any part thereof by you; or (b) terminate any Customer Loyalty Feature in its entirety. In addition, We may decrease the number of points or other Benefits which you (allegedly) earned for various reasons such as: (a) if they have been granted to you by mistake or as a result of an error or bug in the Services or our point of sale system; (b) if you returned a purchased Product; or (c) if they were not earned in accordance with these Terms. In some cases, We may choose to offer you an equivalent alternative benefit.
- No refunds or cash compensation will be available to you for unused points, coupons, virtual money on your gift card or any benefit that was not redeemed for any reason.
- If a purchased item is returned by You to our premises, then We may, subject to applicable law: (a) charge you for the same number of points earned by you when purchasing such item; (b) cancel your entitlement to a Benefit; or (c) cancel your related punches, coupons, discounts etc.
INTELLECTUAL PROPERTY
We or our licensors, as the case may be, have all right, title, and interest in the Services, and any content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the content of the Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the Services. “EG On The Move” is a registered trademark of EG On The Move Limited in the United Kingdom and/or other countries. All other names, designs and related trademarks are the property of their respective owners. Nothing in these Terms should be construed as granting you any right to use any trademark, service mark, logo, or trade name of EGOTM or any third party. If you provide Us with any feedback regarding the Services, We or our service providers may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.
DISCLAIMERS AND DISCLAIMER OF WARRANTY
- Your use of the Services is at your sole discretion and risk. The Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that Services will be of good quality or useful for your needs. We do not guarantee that our Sites will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programs and platform to access our Sites. You should use your own virus protection software.
- You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Sites, the servers on which our Sites are stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.
- WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITES AND/OR SERVICES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE BUSINESS DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE APP AND/OR SERVICES; (II) THAT THE APP OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED.
- No advice or information, whether oral or written, obtained by you, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
LIMITATION OF LIABILITY.
- Without derogating from any of the above, We assume no responsibility for any error, interruption, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any materials or Services. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer systems or equipment, servers, software, failure due to technical problems or traffic congestion on the Internet or on the Services.
- Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
- By entering the Sites, you acknowledge and agree that the use of the Sites is at your own risk and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Sites or any content on it, whether express or implied.
- We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: Use of, or inability to use, our Sites; Use of or reliance on any content displayed on our Sites. If you are a business user, please note that in particular we will not be liable for: Loss of profits, sales, business or revenue; Business interruption; Loss of anticipated savings; Loss of business opportunity, goodwill or reputation; or Any indirect or consequential loss or damage.
- If you are a consumer user, please note that we only provide our Sites for domestic and private use. You agree not to use our Sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any loss or damage caused by a virus, distributed denial-of- service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any content on it, or on any website linked to it.
- We assume no responsibility for the content of websites linked on our Sites. Such links should not be interpreted as endorsement by Us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. Any software is downloaded at your own risk. If you are in any doubt as to the suitability of the software to be downloaded for your computer or mobile device it is recommended that you obtain specialist advice before downloading it.
INDEMNIFICATION
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, the Involved Parties and anyone acting their behalf, at your own expense and immediately after receiving a written notice thereof, from and against any damages, losses, liabilities, costs and expenses, including attorney's fees and legal expenses, resulting from any plea, claim, or demand, arising from, or in connection with, your use of the Services, your breach of the Terms, your violation of applicable laws, any other terms, rules or regulations applicable to the Services, or your violation, or infringement of other persons rights, including, without limitation, the rights of any Involved Parties. You may not settle or compromise such suit without our prior written consent. We may be represented in any such suit by counsel of our own choosing at our own expense.
LINKING TO OUR SITES
- You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to our Sites in any website that is not owned by you.
- Our Sites must not be framed on any other site
- We reserve the right to withdraw linking permission without notice.
LINKING TO OUR SITES
To the extent an App is provided, the App may be subject to additional third-party terms relating to the marketplace or store from which the App was downloaded. The third parties providing such marketplaces may be beneficiaries of these Terms, pursuant to the marketplace's Terms.
The following terms apply if you downloaded the App from Apple's App Store.
- Apple Inc. ("Apple") is not a party to these Terms and is not responsible for the App.
- Your license to use the App is not transferrable and is limited to use on iOS Products that you own or control, and as permitted by the Usage Rules in the App Media Services Terms and Conditions, except as permitted via Family Sharing, volume purchasing, or Legacy Contacts.
- In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple's responsibility.
- Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
- Apple will not be responsible for the investigation, defence, settlement, or discharge of a claim that your use of the App infringes a third party's rights.
- Apple and its subsidiaries are third party beneficiaries of these Terms and Apple will have the right to enforce these Terms against you as a third-party beneficiary. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
GOVERNING LAW, JURISDICTION.
- The Sites are intended for use only by persons who access them from within the United Kingdom & Ireland. Goods advertised, displayed or provided on this Sites are available only to residents of (or companies incorporated in) the United Kingdom & Ireland. We make no representation that any material contained on this Site is appropriate for any other jurisdiction
- These Terms shall be governed solely by the laws of England and Wales and the competent courts of London, England shall have exclusive jurisdiction to hear any disputes arising hereunder, provided however, that We or any relevant parties may lodge a claim against you pursuant to the indemnification clause above, in any court adjudicating a claim, in which case the law that governs that claim shall also govern the indemnification claim against you and/or Us, the relevant parties and our service providers may also seek injunctive relief in any court of competent jurisdiction in any country where the infringement, violation or action takes place.
MISCELLANEOUS.
If any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between You and Us or enables You to act on behalf of Us. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between You and Us pertaining to the subject matter hereof, and any and all other agreements existing between You and Us relating thereto are hereby cancelled. We may assign and/or transfer its rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
We may amend the Terms at any time by amending this page. Any such changes are binding on you.
CONTACT US.
The Sites are owned and operated by EG On The Move Limited, a company registered in England and Wales, whose registered office is at Waterside, Haslingden Road, Blackburn, BB1 2FA, Company registration number: 14960308, VAT number: 273522409. To contact us, please email [email protected].