The Cookout Club Limited

OUR TERMS

IMPORTANT LEGAL NOTICE

This page sets out the terms and conditions (“Website Terms”) on which we, The Cookout Club Ltd (“we”, “our” or “Cookout”), provide access to our website https://www.thecookoutclub.com and any Cookout mobile application through which you order products (together, “the Website”). Please read these Website Terms carefully before ordering any products through, the Website. By ordering products through the Website (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.

We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.

Use of your personal information submitted via the Website is governed by our Privacy Statement [INSERT LINK TO PRIVACY STATEMENT] and Cookies Policy [INSERT LINK TO COOKIE POLICY].

For the avoidance of doubt, please note that references to “Website” in these Website Terms include any current or future version of our website https://www.thecookoutclub.com and any Cookout mobile application through which you access and use our Website, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing and using our Website that may be developed from time to time).

By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to place any orders through the Website.

  1. TERMS AND CONDITIONS OF USE AND SALE
  1. INTRODUCTION AND OUR ROLE

1.1. Company details: We are The Cookout Club Limited a company registered in England and Wales. Our company registration number is 12303842 and our registered office is at Suite 16, The Enterprise Centre, Coxbridge Business Park, Farnham, Surrey GU10 5EH.

1.2. VAT number: Our registered VAT number is 336 7774 63.

1.3. These are the terms and conditions on which we supply produce from our kitchen(s) to you (hereinafter “produce”).

1.4. How we may contact you: If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.

1.5. “Writing” includes emails. When we use the words “writing” or “written” in these Website Terms, this includes emails.

  1. WEBSITE ACCESS AND DISCLAIMERS

2.1. Website access: You may access some areas of the Website without making an order or registering your details with us. Most areas of the Website are open to everyone.

2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to place orders through the Website.

2.3. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an order through us.

2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.

2.5. Changes to our Website: We may update and change our Website from time to time to reflect changes to our produce, our users’ needs and our business priorities.

2.6. We may suspend or withdraw our Website: Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

2.7. Our produce may vary slightly from their pictures: The images of the produce on our menu displayed on our Website are for illustrative purposes only. Although we have made every effort to display the produce accurately, we cannot guarantee that your order of our produce will look at same as displayed on our Website. Your order may vary slightly from those images.

2.8. You must keep your account details safe: If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Website Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

2.9. Allergy, dietary and other menu information: We strive to provide up-to-date menu information where this information includes allergy or other dietary information, please check our menu for details of any allergens and other dietary information contained in our dishes. It is your responsibility to check the allergen and dietary information before placing an order. Please note there is a risk of cross-contamination in our Kitchen, we cannot guarantee that our dishes are free from allergens.

  1. YOUR STATUS

3.1. Capacity and age: By placing an order through the Website, you confirm that:

3.1.1. You are legally capable of entering into binding contracts with Cookout; and

3.1.2. You are at least 18 years old.

3.2. You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the Cookout directly to check that the food is suitable for you, before placing your order directly with us.

3.3. Alcohol:

3.3.1. You acknowledge and agree that: it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol, or for any person to buy, or attempt to buy alcohol on behalf of any person who is under the age of 18;

3.3.2. If your order includes any alcohol you will be asked to provide proof of your age on collection or delivery of your order. If you are unable to provide proof that you are aged 18 or over and we reasonably believe that the alcohol you have ordered, has been bought by you on behalf of someone under the age of 18, we reserve the right not to complete the delivery of the alcohol to you.

  1. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED

4.1. Compiling your order: Once you have selected the produce you wish to order from the menu and provided the other required information, you will be given the opportunity to submit your order by clicking or selecting the “proceed”, “place my order” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button.

4.2. How we will accept your order: Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

If we are unable to accept your order, we will inform you of this and will not charge you for the produce. This might be because the delivery address is outside our delivery area, the produce is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the produce or because we are unable to meet a delivery deadline you have specified. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4.3. We only sell to the UK: Our Website is solely for the promotion of our services in the UK. Unfortunately in order to preserve the quality of our food, Cookout usually delivers within a 2.5 mile radius of our Kitchen .

4.4. Amending or cancelling your order: Once you have submitted your order and your payment has been authorised, you will not be entitled to change or cancel your order, nor will you be entitled to a refund (please refer to paragraph 5.6 for details of the process relating to refunding of payment). If you wish to change or cancel your order, you may contact our Customer Care team and they will attempt to communicate your requests to the kitchen. However, there is no guarantee that we will be able to reach the Kitchen or the Kitchen will agree to your requests as they may have already started processing your order.

4.5. Payment authorisation: Where any payment you make is not authorised, your order will not be processed or communicated to the Kitchen.

4.6. Delivery of your order: Estimated times for deliveries and collections are provided by Cookout are only estimates. We cannot guarantee orders will be delivered or will be available for collection within the estimated times.

  1. PRICE AND PAYMENT

5.1. VAT and delivery costs: Prices will be as quoted on the Website. These prices include VAT but exclude delivery costs and any administration or service charge. These will be added to the total amount due where applicable.

5.2. Incorrect pricing: This Website contains a large number of dishes and it is possible that some of the menus may include incorrect prices. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we reserve the right not to provide the order and will refund any sums you have paid.

5.3. Payment methods: Payment for orders must be made by an accepted credit or debit card through the Website, or by cash on delivery or collection.

5.4. Card payments: If you pay by credit or debit card, you may be required to show the card to the driver at the time of delivery or collection as proof of identification and so that they can check that the card corresponds with the receipt data for the order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.

5.5. Credit and discount vouchers: A credit or discount may apply to your order if you use a promotional voucher or code recognised by the Website and endorsed by Cookout, and you pay for any balance by credit or debit card. Please refer to our Voucher Terms & Conditions for the full terms and conditions applicable to the use of credit and discount vouchers. Please note that because of standard banking procedures, your bank or card issuer will initially “ring-fence” the full amount of the order (before any credit or discount) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance. You acknowledge and agree that we will not be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

5.6. Rejected orders: Because of standard banking procedures, once you have submitted an order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will “ring-fence” the full amount of your order. If your order is subsequently rejected or cancelled for any other reason, your bank or card issuer will not transfer the funds for the order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that Cookout will not be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

  1. CUSTOMER CARE

6.1. General: Customer care is extremely important to us. Our Customer Care team will try to assist you where possible if you have any problems with your order. You can contact our Customer Care team by clicking or selecting the “Need help?”, “Help” or similar button or by calling the telephone number shown on the Website.

6.2. Questions about your order: If your order is taking longer than expected or you have any other problems with your Order, you can contact our delivery partner as detailed on your order confirmation. You can also contact us directly and we will attempt to contact the delivery partner in order to follow up on your query.

6.3 Complaints or feedback: In the event that you are dissatisfied with the quality of any order or the service provided by the Cookout, please consider providing feedback in the form of ratings, comments and reviews on the Website (together, “Reviews”) to reflect your experience. The Reviews are an important part of our quality control process.

  1. HOW YOU MAY USE MATERIAL ON OUR WEBSITE

7.1. We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

7.2. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others to content posted on our Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

7.3. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

7.4. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website 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 Website will cease immediately.

  1. VISITOR MATERIAL AND REVIEWS

8.1. General:

8.1.1. Other than personally identifiable information, which is covered under our Privacy Statement, any material you post, upload or transmit or upload to the Website (including without limitation Reviews) Visitor Material will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you confirm that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.

8.1.2. You confirm that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 8.2 to 8.3 below.

8.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:

82.1. breaches any applicable local, national or international law;

8.2.2. is unlawful or fraudulent;

8.2.3. amounts to unauthorised advertising; or

8.2.4. contains viruses or any other harmful programs.

8.3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:

8.3.1. contain any defamatory, obscene or offensive material;

8.3.2. promote violence or discrimination;

8.3.3. infringe the intellectual property rights of another person;

8.3.4. breach any legal duty owed to a third party (such as a duty of confidence);

8.3.5. promote illegal activity or invade another\’s privacy;

8.3.6. give the impression that they originate from us; or

8.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.

8.4. Removal of Reviews: The prohibited acts listed in paragraphs 8.2 and 8.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs 8.2 or 8.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.

8.5. Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.

8.6. Images: Any images of food displayed on the Website are provided as a design feature of the Website only and may not be either (a) an image of food prepared or produced by the kitchen or representative of the food you receive.

8.8. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 8.2 or 8.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.

  1. LINKS TO AND FROM OTHER WEBSITES

9.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

9.2. Linking permission: You may link to the Website’s homepage (www.thecookoutclub.com), provided that:

9.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;

9.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;

9.2.3. any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 8 (Visitor Materials and Reviews));

9.2.4. we have the right to withdraw linking permission at any time and for any reason.

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAMGE SUFFERED BY YOU

10.1. We are responsible to you for foreseeable loss and damage caused by us: If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. Please note that where the Cookout is responsible for any foreseeable losses that you may have suffered due to our negligence, our liability to you in these circumstances will be limited to twice the value of your order or £100, whichever is the lower.

10.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so: This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to our services.

10.3. We are not liable for business losses: We only supply our services for domestic and private use. If you use our services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  1. TERMINATION

11.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that:

11.1.1. you have used the Website in breach of paragraph 7 (How You May Use Material on our Website);

11.1.2. you have posted Reviews or other Visitor Material in breach of paragraphs 8.2 or 8.3 (Visitor Material and Reviews);

11.1.3. you have breached paragraph 9 (Links to and from other websites); or

11.1.4. you have breached any other material terms of these Website Terms.

11.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.

  1. EVENTS OUTSIDE OUR CONTROL

12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control (“Force Majeure Event”).

12.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

12.2.1. strikes, lock-outs or other industrial action;

12.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

12.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

12.2.4. impossibility of the use of roads, railways, shipping, aircraft, motor transport or other means of public or private transport;

12.2.5. impossibility of the use of public or private telecommunications networks; and

12.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

12.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.

  1. ADDITIONAL TERMS

13.1. Privacy Statement: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Statement. You should review our Privacy Statement [INSERT LINK TO PRIVACY STATEMENT]

13.2. Other terms: You should also review our Cookies Policy for information regarding how and why we use cookies to improve the quality of the Website and your use of it [INSERT LINK TO COOKIE POLCIY], our Voucher Terms and Conditions for information regarding the use of credits and promotional discounts on the Website. All of these are incorporated into these Website Terms by this reference.

13.3. We may transfer this agreement to someone else: We may transfer our rights and obligations under these Website Terms to another organisation.

13.4. You need our consent to transfer your rights to someone else: You may only transfer your rights or your obligations under these Website Terms to another person if we agree to this in writing.

13.5. Nobody else has any rights under this contract: This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Website Terms.

13.6. If a court finds part of this contract illegal, the rest will continue in force: Each of the paragraphs of these Website Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.7. Even if we delay in enforcing this contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these Website Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13.8. Which laws apply to this contract and where you may bring legal proceedings: These Website Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

  1. Cookout VOUCHER TERMS & CONDITIONS

General

  1. The following general terms and conditions (the “General Voucher Terms”) will apply to all vouchers issued by Cookout from time to time for use on the Website, including vouchers with a credit value (“Paycode Vouchers”) and promotional discount vouchers (“Discount vouchers”, and together with Paycode Vouchers, (“Vouchers”).
  2. Individual Vouchers will also be subject to, and the General Voucher Terms will be supplemented and/or modified by, additional terms and conditions (the “Specific Voucher Terms”) that will be specified on the Voucher or at the time the Voucher is issued.
  3. Vouchers may only be redeemed towards online orders from Cookout made through the Website.

Specific Terms of Use for Paycode Vouchers

  1. Unless otherwise stated by Cookout, Discount Vouchers with a fixed value (e.g. £5 off) may only be used where the total value of your order is at least £20.There is no such minimum spend requirement in respect of Paycode Vouchers or for Discount Vouchers which provide a percentage discount.
  1. Discount Vouchers must be used by the deadline specified on the Discount Voucher and/or at the time the Discount Voucher is issued by entering the relevant voucher code (“Discount Voucher Code”), and will expire after such date.
  1. The right to use a Voucher is personal to the original recipient and may not be transferred. No Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission. In particular, Vouchers distributed or circulated without our written approval, for example on an Internet message board or on a “bargains” website, are not valid for use and may be refused or cancelled.
  1. Unless otherwise provided or specified in the Specific Voucher Terms:

7.1 Vouchers may not be used in conjunction with other Vouchers or any other discounts or promotions provided or advertised from time to time;

7.2 each Voucher will be valid for use by a recipient only once;

7.3 each customer or household is limited to one Voucher per promotion or offer; and

7.4 the right to use a Voucher is personal to the original recipient and may not be transferred.

  1. When you use a Voucher you confirm to us that you are the duly authorised recipient of the Voucher and that you are using it in accordance with these terms, lawfully, legally and in good faith. If we believe in our sole discretion that a Voucher is being used in breach of these terms, unlawfully, illegally or in bad faith, we may reject or cancel the Voucher.

Miscellaneous

Please note that because of standard banking procedures, your bank or card issuer will initially “ring-fence” the full amount of an order (before any Voucher credit or discount is applied) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance.

Vouchers may not be exchanged for cash.

We shall not be liable to any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Voucher or any failure or inability of a customer or household to use a Voucher for any reason.

We reserve the right, at any time and in our sole discretion, to add to or amend these terms and conditions in relation to the use of Vouchers or to vary or terminate the operation of a Voucher at any time without notice.