UPDATED AS OF: 29th May 2009
COMPANY: Essayem Ltd. (the "Company" or "we")
SERVICE: iSayTakeaway Mobile Ordering Service (the "service" or "services")
UK Registration: 6867432

1. Introduction

These terms and conditions govern your use of this website www.isaytakeaway.com and the iSayTakeaway Mobile App; by using our website and/or mobile app, you agree to these terms and conditions in full. If you do not accept or do not agree with these terms and conditions or any part of these terms and conditions, you must not use our website and/or mobile app.

2. Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. All these intellectual property rights are reserved, subject to the licence below.

Subject to the restrictions set out below and elsewhere in these terms and conditions, you may view, download for caching purposes only, and print pages from the website for your own personal use.

You are not permitted to:

• republish material from this website;
• republish material from this website on another website;
• sell, rent or sub-license material from this website;
• show any material from this website in public;
• reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
• edit or otherwise alter any material on this website; or
• redistribute any material from this website except for content explicitly made available for redistribution (such as our newsletter).

3. Licence to use mobile service

1. General
   Essayem Ltd has the right at any time to change or discontinue any aspect or feature of the product, including, without limitation, its content and hours of availability. The iSayTakeaway service is solely a facilitator of communications between vendors and users. Essayem Ltd is in no way responsible for the quality of goods or services offered by its vendors members.
2. Availability of Services
   Essayem Ltd is not responsible for any limitations of the network. In the event your network provider fails to deliver any communication to Essayem Ltd or a provider of any Product in timely fashion, due to, but not limited to, mobile network failure or non-compatibility of your phone model with the Services, you acknowledge and agree that Essayem Ltd shall not liable for any loss or damage. In addition and without limiting the foregoing, in no event will Essayem Ltd be liable for any error by you in using the Services, including submission of an order or other message.
3. Modification of Services
   Essayem Ltd reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including by removing, adding, or modifying Products and/or third-party vendors from the Menu Catalogue. Essayem Ltd shall have no liability to you for any modification or discontinuation of the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Services as so modified.
4. Your Email
   Essayem Ltd will not give away or sell your email, we transmit orders to restaurants and email you directly from our servers, so restaurants do not actually receive your email address, and by providing your email address, you are agreeing to receive promotional emails from Essayem Ltd. If you wish to be removed from our email list just send us an email at help@isaytakeaway.com.
5. Payment & Billing
   You acknowledge and agree that for each order you place through the Service, the full cost of Products you order (for which prices are subject to change without notice). You assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your account, regardless of whether you actually receive the Products. In addition, you agree to pay all fees charged by your Carrier in connection with your use of the Services. You acknowledge and agree that these rates depend on the applicable Carrier and your personal subscription package with that Carrier.
   
6. Pricing
   The information regarding price, product specifications and availability contained on this site has been provided by the best of our knowledge. The prices charged by the restaurants are the same as the prices charged in their brick-and-mortar stores at the time an order is delivered, shipped or available for pickup. Although Essayem Ltd attempts to make certain that the prices listed on our product and those posted in the stores on the date they are viewed on the site are the same, and that out-of-stock items are clearly marked or removed from the inventory, prices and product availability may change, particularly if you select a delivery or pickup date that is different from the date on which you place your order. Moreover, though every effort is made to ensure accuracy in posting pricing information, discrepancies do occur. In the event that the checkout price and the price posted on the site are different, the checkout price will prevail in every case.
7. Delivery Charge
   Some restaurants may add an delivery fee onto the bill if your delivery address is outside the restaurants acceptable delivery area, you will be responsible to pay this additional charge.
8. Order Status
   Order status is for inforamtion purpose only, it should in no way be interpreted as a legal contract between consumer and vendor.

4. Acceptable use

You must not use our website in any manner that is illegal, unlawful, fraudulent or harmful, or in relation with any illegal, unlawful, fraudulent or harmful purpose or activity; or in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.

You must not use our website to copy, store, transmit, host, send, use, publish or distribute any material which consists of or is affiliated to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software whatsoever.

Without our prior express written consent, you must not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to our website.

You must not use our website to send or transmit unsolicited commercial communications.

You must not use our website for any objective related to marketing without our prior express written consent.

5. Restricted access

Access to particular areas of our website is restricted. At our discretion we reserve the right to restrict access to areas of our website, or our entire website.

Should we provide you with a user ID and password to enable you access to restricted areas of our website or other content or services, you must ensure that your user ID and password is kept confidential.

At our discretion we may disable your user ID and password without notice or justification.

6. Warranties

Whilst we endeavour to ensure that the information on this website is correct, we do not guarantee its correctness or completeness; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

We exclude all representations, warranties and conditions relating to this website and the use of this website including, without limitation, any warranties implied by law of a satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.

7. Limitation of liability

Nothing in these terms and conditions or elsewhere on our website shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under the appropriate law.

Subject to this, our liability to you in relation to the use of our website or under or in association with these terms and conditions, whether in contract, tort (including negligence) or otherwise, shall be limited as follows:

• to the extent that the website and the information and services on the website are provided free-of-charge, we shall not be liable for any loss or damage of any nature;
• we shall not be liable for any consequential, indirect or special loss or damage;
• we shall not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, reputation, data, information or goodwill;
• we shall not be liable for any loss or damage occurring out of any event or events that are beyond our reasonable control;
• our maximum liability in relation to any event or series of related events shall be limited to zero.

8. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses, including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers, incurred or suffered by us arising out of any breach by you of any condition of these terms and conditions.

9. Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem suitable to deal with the breach, including prohibiting you from accessing the website, suspending your access to the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

10. Variation

We may revise these terms and conditions on occasion. Such revised terms and conditions shall apply to the use of our website from the date of the publication of the revised terms and conditions on our website. To ensure you are familiar with the current version please check this page regularly.

11. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

We do not permit you to transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

12. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions shall continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part shall be deemed to be deleted, and the rest of the provision shall continue in effect.

13. Exclusion of third party rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in connection to these terms and conditions is not to be subject to the consent of any third party whatsoever.

14. Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in regard to your use of our website, and supersede all prior agreements in respect of your use of this website.

15. Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with applicable English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.

16. Our details

The full name of our company is Essayem Ltd.

We are registered in England & Wales under registration number 6867432.

You can contact us at:
TREVIOT HOUSE
186-192 HIGH ROAD
ILFORD
ESSEX
IG1 1LR
email: help@isaytakeaway.com.