GREEN ZOOM LIMITED (trading as ecoeats) is a company incorporated in Scotland with company number SC653512 and having its registered office at Suite 17, 17 Bell Street, St Andrews, Fife KY16 9UR ("GREEN ZOOM LIMITED", "we", "us", "our"). Our website is https://ecoeats.uk (the "Site") and our mobile app is called ecoeats (the "APP").
Set out below are the terms and conditions (the "Terms") you are agreeing to when you use (however you access it including from a mobile device) the Site and/or the APP. These Terms cover (i) the download of the APP through the Site or from any App Store and (ii) use of the Site.
You should read, and ensure that you understand, all of the Terms prior to using the Site and/or the APP. If you do not agree to be bound by these Terms then you should not use the Site and/or download or use the APP.
"APP" shall mean the software provided by GREEN ZOOM LIMITED to offer services related to GREEN ZOOM LIMITED, to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the APP;
"Items" means any food, drink or other products or services which you may order via the Site or the APP;
"Legal Rights" means the right to receive Items which comply with their description, which are of satisfactory quality and which comply with any specific requirements which you notify us of (and to which we agree);
"Order" means any order for Items you place via the Site or the APP;
"Restaurant Partner" means any of our restaurant partners from whom Items are available to order via the Site and the APP; and
"Rider" means any independent contractor authorised by GREEN ZOOM LIMITED to carry out delivery services.
2.1 By installing the APP you agree to be bound by these Terms. Please review them carefully before installation and/or acceptance.
2.2 It is free to download and use the APP, other than where you place an Order in accordance with these Terms.
2.3 You are entitled to delete the APP at any time.
2.4 By using the Site and/or the APP, you warrant that you have the right, authority and capacity to enter into and be bound by these Terms.
2.5 We do not represent that any material on the Site and/or the APP is appropriate for use in locations other than the United Kingdom and will not be liable for any losses incurred as a result of such use. If you choose to access the Site and/or the APP from other locations, you are responsible for compliance with local laws if, and to the extent, such local laws are applicable.
2.6 We make no warranty that the contents of the Site and/or the APP are free from infection by viruses or anything else which has contaminating or destructive properties.
2.7 We have taken every care in the preparation of the content of the Site and the APP, however we cannot guarantee uninterrupted and totally reliable access to the Site or other services provided through the APP, and therefore cannot guarantee that the information will always be completely up to date and free of mistakes. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the Site and/or obtained via the APP.
2.8 We shall not be liable to any person for any loss or damage howsoever caused which may arise from the use of any of the information and materials contained on the Site and/or obtained via the APP.
2.9 By using the APP you will access information provided by Restaurant Partners. We are not responsible for any data they upload or otherwise provide to you. If they provide hypertext links these may lead you to other websites which are not under our control. When you activate any of these you will leave the Site.
2.10 We may suspend the Site and/or operation of the APP or any part of it at any time and for any reason whatsoever, including, but not limited to, repairs or upgrades, and shall not be liable to you for any such suspension.
2.11 We reserve the right to alter these Terms from time to time by posting new terms and conditions on the Site. Your continued use of the Site and/or the APP (or any part of it) following such change will be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine if the Terms have been changed. If you do not agree to any change to the Terms, you must stop using the Site and the APP with immediate effect.
2.12 If any provision of these Terms is held by any competent authority to be illegal, invalid or unenforceable in whole or in part then such provision shall be deemed to be omitted and the validity of the other provisions of these Terms shall not be affected.
2.13 Nothing in these Terms shall, whether directly or indirectly, give or be deemed to give any enforceable benefit of any kind to any third party as against us.
2.14 Any failure or delay by us to enforce any of these Terms shall not be considered a waiver by us of our right to enforce such term or condition of these Terms.
3 The APP
3.1 The APP allows you to access certain functionality available on the Site.
3.2 Once you have downloaded the APP, it is essential for the APP to operate that it tracks the location of your mobile device.
3.3 The APP is currently made available to you free of charge for your personal, non-commercial use. GREEN ZOOM LIMITED reserves the right to amend or withdraw the APP, or charge for the APP at any time and for any reason.
4 Your details
4.1 In order to download and use the APP, the Site requires you to provide certain information about yourself ("Personal Information") and where you do this you agree:
4.1.1 to provide true, accurate, current and complete Personal Information as prompted by the relevant form;
4.1.2 where you register for an account, to maintain and promptly update your Personal Information (by updating it on the Site in the your account section, or by sending an appropriately worded email to firstname.lastname@example.org) to keep it true, accurate, current and complete; and
4.1.3 that you will not impersonate any other entity or use a false name that you are not authorised to use.
4.2 THE PERSONAL INFORMATION WHICH YOU SET UP IN YOUR PROFILE UNDER THE APP IS, UNDER THE OPERATION OF THE SERVICES PROVIDED BY THE APP, MADE AVAILABLE TO OUR RESTAURANT PARTNERS. NOTE YOU MAY UPDATE OR AMEND YOUR PERSONAL INFORMATION AT ANY TIME.
4.3 You may withdraw your consent at any time by deleting your account through the APP (or requesting its deletion by emailing email@example.com) which will result in all your Personal Information and your profile being removed.
5 Username and password
5.1 Once you have registered with the Site, your username will be your email address and you will be required to choose a unique password that gives you access to your Site account. You are fully responsible for (i) maintaining the confidentiality of your username and password and (ii) editing your username and password as and when required and you accept full responsibility for all activities that occur through your Site account. You agree to:
5.1.1 notify us immediately if you become aware of any unauthorised use of your password or Site account or any other breach of security by sending an appropriately worded email to firstname.lastname@example.org; and
5.1.2 ensure that you exit from your Site account at the end of each session. We cannot and will not be liable for any claims, loss or damage of any nature whatsoever, including indirect, consequential or economic losses of profit arising from your failure to comply with these requirements.
6.1 Where you submit an Order, we first need to accept the Order before it can be confirmed. We will notify you if your Order is accepted ("Acceptance"). The contract for the fulfilment of the Order will only become binding when we send the Acceptance and may only be cancelled in accordance with clause 10. You are responsible for payment for the Order, any applicable delivery charge and/or any additional fee and for complying with these terms even in the event that you have placed an Order for someone else.
6.2 All Orders (even after Acceptance) are subject to availability with our relevant Restaurant Partner.
6.3 Our Restaurant Partners may use nuts or other allergens in the preparation of certain Items. If you have an allergy or any dietary requirements, you should contact our Restaurant Partner before ordering. GREEN ZOOM LIMITED does not guarantee that any of the Items sold by our Restaurant Partners are free of allergens.
7.1 We will give you an estimated delivery time for the arrival of an Order after its Acceptance. However, we will attempt delivery as soon as possible after the time requested in an Order. As such, you must be available to accept delivery from the time you place the Order.
7.2 Where the delivery of any Order is more than 40 minutes late, we will provide you with the option to cancel the Order for a full refund.
7.3 GREEN ZOOM LIMITED will attempt delivery of the Order at the address you provide to us when you place the Order. You are responsible for ensuring that the address is correct and that there is appropriate access. GREEN ZOOM LIMITED will still charge you for the Order and its delivery if your actions or inactions have resulted in a failure to deliver. Such actions or inactions include, but are not limited to, the following:
7.3.1 your failure to meet the Rider at the door;
7.3.2 your failure to answer the phone where the Rider contacts you using contact information which you have provided to us; and
7.3.3 the Rider being unable to deliver any Items to you in accordance with section 9 below.
8 Inadequate Items
8.1 In the event that you are under the impression that the Items you have received do not comply with your Legal Rights, you should contact GREEN ZOOM LIMITED. However, please note GREEN ZOOM LIMITED is not the supplier of the Items. The Items are supplied by the Restaurant Partner which fulfilled the Order.
8.2 GREEN ZOOM LIMITED may request photographic evidence displaying the issue (if such issue is something which can be identified by viewing the Items).
8.3 GREEN ZOOM LIMITED will take all reasonable steps to procure that a refund is provided where the Items do not comply with your Legal Rights other than where there is reasonable cause to believe that the issue was caused post-delivery.
8.4 GREEN ZOOM LIMITED will take into account details of the Order including account history and information from our Restaurant Partner when processing any refund.
9.1 Alcoholic beverages can only be sold to individuals who are aged 18 or above. You confirm that you are at least 18 years old when placing any Order for alcohol.
9.2 GREEN ZOOM LIMITED uses the Challenge 25 retailing strategy through which customers who appear under the age of 25 will be requested by the Rider to provide proof of age. The Rider can refuse to deliver alcohol to any individual who does not look at least 25 years old other than where they are able to provide a valid photo ID proving that they are at least 18 years old.
9.3 Where the Rider refuses to deliver alcohol on the basis that you look under the age of 25 and you have not provided a valid photo ID proving that you are at least 18 years old, you will still be charged for the Items, for delivery and for any additional fee.
10.1 You are entitled to cancel an Order without charge at any time before our Restaurant Partner has started preparing at least one of the Items ("In Progress Order"). If you want to cancel any Order before it becomes an In Progress Order, please contact GREEN ZOOM LIMITED immediately. If our Restaurant Partner confirms that the Order is not an In Progress Order, we will accept the cancellation and refund the Order, but not otherwise. The Restaurant Partner's advice on whether the Order is an In Progress Order is final.
10.2 Any In Progress Order which is cancelled will be charged at the full amount (including the delivery fee and any additional fee) where the Rider is already en route to or from our Restaurant Partner for the purposes of delivering the Order.
10.3 GREEN ZOOM LIMITED and its Restaurant Partner are entitled to notify you at any time that your Order has been cancelled. Where we cancel any Order, you will not be charged by GREEN ZOOM LIMITED or our Restaurant Partner and we will refund you for any payment which you have already made using the same method you used to pay for the Order.
11 Prices and Payment
11.1 All prices are inclusive of VAT.
11.2 Prices, including our delivery fee and any additional fee, are subject to change at any time.
11.3 You will be notified of any delivery charge, additional fee and taxes prior to purchase on our checkout page.
11.4 Where there is an obvious pricing mistake, GREEN ZOOM LIMITED will notify you as soon as we are able to and you may choose either to confirm the order at the updated price or to cancel it with a full refund.
11.5 Payment may be made by credit or debit card, or any other payment method we make available to you such as PayPal. Once your Order has been confirmed, your debit or credit card will be authorised and the total amount will be marked for payment.
11.6 Payment is made directly to GREEN ZOOM LIMITED as we are authorised by our Restaurant Partners to accept payment on their behalf and any payment you make to us will fulfil your obligations to our Restaurant Partner for payment.
12.1 When you place your Order, you may have the option to make a discretionary tip to GREEN ZOOM LIMITED in addition to the full Order value and the delivery fee. The Rider will receive 100% of any such discretionary tip you make.
13 Prohibitions of use
13.1 We prohibit the use of the Site and/or the APP for any unlawful purpose.
13.2 In the event that we consider that you are making any illegal and/or unauthorised use of the Site and/or the APP and/or your use of the Site and/or the APP is in breach of these Terms, we reserve the right to take any action that we deem fit, including terminating your use of the Site without notice and with immediate effect and, in the case of illegality, instigating criminal proceedings.
13.3 Notwithstanding any other provision of these Terms, we may, at any time and for any reason, terminate these Terms with you and deny you access to the Site.
13.4 You will not, nor allow third parties on your behalf to:
13.4.1 make and distribute copies of the APP;
13.4.2 attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the APP; or
13.4.3 create derivative works of the APP of any kind whatsoever.
14 Intellectual property
14.1 The copyright and all other intellectual property rights in the material contained on the Site and the APP, together with the website design, images and source code, belong to us, our licensors and/or our Restaurant Partners and all rights are reserved.
14.2 You warrant that you will not infringe any of the intellectual property rights described above at clause 14.1.
14.3 We grant to you a non-transferable, non-exclusive, revocable, royalty-free licence to:
14.3.1 to use the APP for your personal use in accordance with these Terms; and
14.3.2 view and print the content of the Site for your personal and non-commercial use only.
15 Data protection
15.2 We draw your particular attention to Section 4.2 above.
16 Site, APP and Service
16.1 Content on the Site and the APP may change at any time. Any of the material on the Site or the APP may be out of date at any time and we not under any obligation to update such material.
16.2 We may suspend access to your account, or close it permanently, if we believe that your account has been or is being used by someone else. We may also close your account if in our opinion you are abusing our service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff or those of a Restaurant Partner, or any other good reason).
17 Mobile provider
17.1 You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using the APP. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the APP or any such third party charges as may arise. You accept responsibility for any such charges that arise.
17.2 If you are not the bill payer for the mobile telephone or handheld device being used to access the APP, you will be assumed to have received permission from the bill payer for using the APP.
18.1 This APP is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. GREEN ZOOM LIMITED will use reasonable efforts to make the APP available at all times. However you acknowledge the APP is provided over the internet and mobile networks and so the quality and availability of the APP may be affected by factors outside GREEN ZOOM LIMITED’s reasonable control.
18.2 GREEN ZOOM LIMITED does not accept any responsibility whatsoever for unavailability of the APP, or any difficulty or inability to download or access content or any other communication system failure which may result in the APP being unavailable.
18.3 GREEN ZOOM LIMITED will not be responsible for any support or maintenance for the APP.
19 System requirements
19.1 In order to use the APP, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ("Software Requirements").
19.2 The version of the APP software may be upgraded from time to time to add support for new functions and services.
20.1 GREEN ZOOM LIMITED may terminate use of the APP at any time by giving notice of termination to you.
20.2 You may terminate use of the APP at any time by uninstalling the APP.
20.3 Upon any termination:
20.3.1 the rights and licences granted to you herein shall terminate; and
20.3.2 you must cease all use of the APP.
21 Limitation of liability
21.1 GREEN ZOOM LIMITED provides you with the service to enable you to order Items, but is not the supplier of such Items. You acknowledge and agree that Items are prepared and supplied by the relevant Restaurant Partner and other than as expressly stated in these terms, GREEN ZOOM LIMITED has no liability for any damage, injury or illness caused or related to the quality of Items. By placing an Order you agree and undertake to indemnify GREEN ZOOM LIMITED from and against any claim, by you or any person to whom you provide Items, arising from the quality of the Items.
21.2 In no event will GREEN ZOOM LIMITED be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Site or the APP, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
21.3 GREEN ZOOM LIMITED is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Site or the APP.
21.4 Nothing in these Terms shall exclude or limit GREEN ZOOM LIMITED’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
22 Disclaimer of warranties
To the maximum extent permitted by law, and for the avoidance of doubt, GREEN ZOOM LIMITED hereby disclaims all implied warranties with regard to the APP. The APP and software are provided "as is" and "as available" without warranty of any kind.
23 Governing law
These Terms shall be governed by and construed in accordance with laws of Scotland. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. By accepting these Terms you submit to the non-exclusive jurisdiction of the Scottish courts.