TERMS & CONDITIONS
Our Terms of Service
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Welcome to Thirsty Delivery. This page (together with the documents referred to in it) tells you the terms (the “Terms”) which apply when you order any menu items (the "Items") from our www.thirstydelivery.com website or mobile applications and related services (each referred to as an “Application”).
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Please read these Terms carefully before ordering any Items from our Application. If you have any questions relating to these Terms please contact info@thirstydelivery.com before you place an order. If you are a consumer, you have certain legal rights when you order Items using our Application. You can find more information about these rights at: https://www.citizensadvice.org.uk/consumer/. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them. By setting up your account, you confirm that you accept these Terms.
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2. Purpose
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Our objective is to link you to the licensed off-licenses we partner with (“Partner Off Licenses") and allow you to order Items for delivery (our “Service”). Where you order from a Partner Off-license, Thirsty Delivery acts as an agent on behalf of that Partner Off-license to conclude your order from our Application and to manage your experience throughout the order process. Once you have placed an order, your Items will be delivered to you by Thirsty Delivery or our Partner (“Partner Delivery)
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3. Your Account
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Before you can place orders for Items using our Application, you need to open an account. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.
You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been 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 any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue with an order, by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).
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4. Service Availability
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Each Partner Off-license has a prescribed delivery area. This delivery area may change at any time due to factors such as weather, or demand on our service. This is to ensure that Items reach your door at their best. Our Partner Off-licenses each decide their own operating hours. That means that the availability of our Service, and the range of Partner Off-licenses from which you can order, depends on the Partner Off-licenses in your area. If you try to order a delivery to a location outside the delivery area or operating hours of Partner Off-licenses, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.
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5. Orders
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When you place an order through our Application, it needs to be accepted by us or the Partner Off-licenses before it is confirmed. We will send you a notification if your order has been accepted (the "Confirmation Notice"). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account, and for related delivery charges, and for complying with these Terms, even if you have ordered the Item for someone else. Some Partner Off-licenses operate a minimum order value policy. This will be displayed on our Application. All Items are subject to availability. Partner Off-licenses may use nuts or other allergens in the preparation of certain Items. Please contact our Partner Off-license prior to ordering if you have an allergy. Thirsty Delivery cannot guarantee that any of the Items sold by our Partner Off-license are free of allergens.
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6. Delivery
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When you place an order you will have the choice to place it as an ASAP Delivery or a Scheduled Delivery. For an ASAP Delivery, we will tell you an estimated delivery time for your Item before you place the order, but we will attempt delivery as soon as possible; you must therefore be available to accept delivery from the time you place the order. For a Scheduled Delivery, we will tell you the time when the Item is expected to be delivered; you must be available to accept delivery for ten minutes before and ten minutes after that time.
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Unfortunately, despite our, and our Partner Off-licenses’ best efforts, things do not always go to plan and factors such as traffic and weather conditions may prevent us from delivering your Item on time. If your order is more than 15 minutes late, and we haven’t notified you giving you the option to cancel your order, we will work with you to make things right unless you have caused the delay (e.g. because you gave us the wrong address or did not come to the door).
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We will attempt delivery at the address you provide to us when you place your order. If you need to change the delivery location after you have placed your order, we may be able to change to the address to an alternative one that is registered with your account if you let us know before the driver has been dispatched, and the new address is within the same zone as the address you originally ordered your Item to. If we cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Item, and if the driver has been dispatched you will also be charged for delivery.
You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):
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You do not come to the door, did not pick up the phone when the driver contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, and the driver is unable to find a safe location to leave the food.
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The driver refuses to deliver the Item to you in accordance with section 8 (Age Restricted Products).
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7. Your Rights if Something is Wrong With Your Items
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You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Items you have been delivered do not comply with these legal rights, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will provide a refund or account credit in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery.
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Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and information from the Partner Off-license.
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8. Age Restricted Products
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Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold and delivered to persons aged 18 or over. By placing an order for an age restricted product, you confirm that you are at least 18 years old. Thirsty Delivery operates the Challenge 25 age verification policy whereby customers who look under aged 25 will be asked by the delivery driver to provide proof that they are aged 18 or over. The driver may refuse to deliver any age restricted product to any person who does not look aged 25 unless they can provide valid photo ID proving that they are aged 18 or over. The Partner Off-license and the delivery driver may refuse to deliver alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. If delivery of any age restricted product is refused, you will still be charged for the relevant Item and for delivery.
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9. Cancellation
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You may cancel an order without charge at any time before the Off-license Partner has started preparing the food (a "Started Order"). If you wish to cancel an order before it becomes a Started Order, please contact us immediately, via our Application. If the Partner Off-license confirms the order was not a Started Order, we will refund your payment (excluding any discount, or Voucher that was applied to the order - see Voucher and Account Credit Terms for more detail). If you cancel any order after it becomes a Started Order, you will be charged the full price for the Items, and if the driver has been despatched you will also be charged for delivery.
Thirsty Delivery and the Partner Off-license may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us or the Partner Off-license, and we will reimburse you for any payment already made using the same method you used to pay for your order. We may also apply credit to your account to reflect the inconvenience caused.
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10. Prices, Payment and Offers
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Prices include VAT. You confirm that you are using our Service for personal, non-commercial use unless you request a VAT invoice. Thirsty Delivery may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. Prices can also change at any time at the discretion of the Partner Off-license. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any orders in process and appearing within your basket, provided you complete the order within 2 hours of creating the basket. If you do not conclude the order before the 2 hour cut-off the items will be removed from your basket automatically and the price change will apply. If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid. Where Thirsty Delivery or any Partner Off-license make a delivery, we or the Partner Off-license may also charge you a delivery fee. This will be notified to you during the order process before you complete your order.
The total price of your order will be set out on the checkout page on our Application, including the prices of Items and Delivery and applicable Service Fees and taxes.
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Payment for all Items and deliveries can be made on our Application by credit or debit card, or other payment method made available by Thirsty Delivery. Once your order has been confirmed your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to Thirsty Delivery acting as agent on behalf of the Partner Off-license only. Payment may also be made by using vouchers or account credit. Use of these is subject to Thirsty Delivery's Voucher and Account Credit Terms.
We are authorised by our Partner Off-license to accept payment on their behalf and payment of the price of any Items or delivery charges to us will fulfil your obligation to pay the price to the Partner Off-license. In some cases, you can alternatively make your payment in cash directly to the Partner Off-license by paying the driver at the time of delivery. Where cash payment is possible, this will be made clear on our Application before you place your order.
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Partner Off-license sometimes make special offers available through our Application. These are visible when you look at a Partner Off-license menu. These offers are at the discretion of the Partner Off-license s. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the Confirmation Notice.
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11. Tips
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When you place an order, you will have the option to make a discretionary payment of a tip or gratuity to Thirsty Delivery in addition to the purchase price of the Items in your order. Your rider will receive 100% of any discretionary payment you choose to make.
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12. Our Responsibility for Loss or Damage That You Suffer
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We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaking these Terms or of failing to use reasonable care and skill in relation to your use of our Service. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage arising from our breach of these Terms before you place an order.
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We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by our failure, or our employees’, agents’ or subcontractors’ failure, to use reasonable care and skill; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Items, as summarised at part 7 above; or for defective Items under the Consumer Protection Act 1987. Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in our Applications.
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13. Other Terms
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If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance. If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.
We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will notify you. Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice. These Terms are governed by English law and you can bring legal proceedings in relation to our Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Items in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Items in either the Northern Irish or the English courts. We are required by EU law to provide this link to the EU’s online dispute resolution portal, however we do not participate in dispute resolution under this process.
Our Terms of Service of Website
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Terms and Conditions Please read this carefully as it affects your legal rights and sets out the Terms on which we allow you to use this Website and the information contained within it. The Website is offered to you conditional on your agreement to abide by these Terms and your continued use of the Website signifies agreement with these Terms in their entirety and without modification.
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1. Definitions
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1.1 "Communication Facility" refers to any bulletin boards, chat rooms or other messaging or communication facilities(if any) that may from time to time be contained in the Website. 1.2 "Intellectual Property Rights" refers to all patents, copyright, database rights, design rights, moral rights, registered designs, trademarks or service marks, trade names, or know-how (whether registered or not and including any applications or rights to apply for registration) and all rights or forms of protection of a similar nature whether subsisting now or at any time in the future anywhere in the world. 1.3 "Terms" refers to these terms and conditions as amended from time to time. 1.4 "we" (and related expressions like "us" and "our") refers to Thirsty Delivery and "you" (and related expressions like "your") refer to you, the user of this Website. 1.5 "Website" refers to http://www.thirstydelivery.com / and to all web pages (including without limitation all components developed and produced for the Website, up-dates, format, art direction, "look and feel" and other content) from time to time situated at the Website .
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2. Intellectual Property Rights All Intellectual Property Rights and goodwill in or relating to the contents of the Website belong to either ourselves, or our business partners or to our suppliers. All Intellectual Property Rights are protected by law and you may not copy, republish or otherwise use the content of the Website save as provided in these Terms.
3. The Website
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3.1 We, or our suppliers or business partners may update or otherwise change the contents of the Website at any time and without notice to you. It is your responsibility to ensure you are aware of any changes we may make from time to time. 3.2 The Website may contain hyperlinks to sites operated by companies or organisations other than us. You access these hyperlinks at your own discretion and risk.
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4. Your Use of the Website
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4.1 You may not use the Website other than as expressly authorised within these Terms or within the Website itself. You are responsible for your use of the Website including where you allow others to use your password or to access your computer. 4.2 You may download to a local hard disk and/or print extracts from the Website solely for your own personal and non-commercial use. 4.3 Subject to Term 4.2, you may not copy or reproduce part or all of the contents of the Website in any form including, without limitation, its incorporation into or store in any other website, electronic retrieval system, publication or other work (whether hard copy, electronic or other) without our express written permission. 4.4 You may not frame or link to the Website or any part of it without our express written permission. 4.5 You may not use the Website for any illegal or unlawful purpose. 4.6 You may use the "Contact Us" section only to send messages and material that are appropriate and related to the particular Communication Facility. 4.7 Any use of the Communication Facility must be responsible, reasonable and not excessive and in particular, without limitation, you shall not do any of the following: (a) commit an offence or use the Communication Facility for illegal purposes or to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others; (b) publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information; (c) upload files that contain software or other material protected by Intellectual Property Rights (or by rights of confidentiality or privacy) unless you own or control the rights in question or have received all necessary consents in writing; (d) upload files that contain viruses, corrupted files, inappropriate data or code or any other similar software or programs or use the Communication Facility in any manner that may damage the operation of our or another's computer, systems, websites or general operations or to unlawfully obtain access to any of them ; (e) upload files which contain an active hypertext link to another website; (f) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; (g) falsify the origin or source of software or other material contained in a file that is uploaded; (h) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters; (i) download any file posted by another user of a Communication Facility that you know, or reasonably should know, cannot be legally distributed in such manner. 4.8 We shall be entitled at any time to delete, remove or suspend the whole or any part of any Communication Facility or any information posted upon them without incurring any liability. 4.9 You may not alter or delete any copyright or proprietary notice that the Website may contain. Limitation of Liability and Disclaimers
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YOUR ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THIS CLAUSE
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5.1 We use commercially reasonable efforts to ensure that the information on the Website is accurate and helpful at all times. However, we cannot guarantee the accuracy of that information and cannot be held liable for any use of such information by you or your reliance on it except as specifically agreed with us in writing. 5.2 Any link (be it a hypertext link or other referral device) used on the Website is provided solely for your use and convenience. Such links do not represent an endorsement or recommendation by us and do not mean that we have any association with the linked website. We are not therefore responsible for the content of any websites that have links with the Website or for the consequences of your entering into any contract(s) with their owners and do not accept any liability for any loss, damage, expense, costs or liability incurred by you as a result. 5.3 Advertising and/or sponsorship may be included on the Website. Such adverts and/or sponsorship on the Website does not represent an endorsement or recommendation by us. We are not responsible for any error or inaccuracy in advertising or sponsorship material. 5.4 We will not be liable for any loss, damage, expense, costs, delays or other liability which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium). We do not guarantee that the Website will be a continous service or error free or that any defect will be correctable. 5.5 In no circumstances (even where we are found to have been negligent and you have warned us of the likelihood of such damages occurring) will we be liable for indirect or special damages of any kind including but not limited to financial losses such as loss of profit or business opportunity or loss of information of any kind including data. 5.6 The content of the Website does not constitute advice and should not be relied upon in making, or refraining from making, any decision. 5.7 We use commercially reasonable efforts to check for the most commonly known viruses, but we do not confirm that the Website, any e-mails or attachments are virus free and cannot accept any liability in this regard. We therefore recommend you carry out your own virus checks. 5.8 Nothing within these Terms operates so as to restrict our liability for death or personal injury arising from our negligence or that of our employees or sub-contractors or, if you are a consumer, affects your statutory rights. 5.9 If you use the Website in breach of these Terms you must reimburse us for any loss and/or damage caused to us by your misuse.
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6. General Notices
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6.1 We reserve the right to change these Terms at any time. Any such change will be effective once reflected in the text of these Terms and published on this Web page. You should check these Terms periodically to ensure that you are aware of and complying with the current version. 6.2 These Terms and our agreement with you under them shall be governed by English Law, and you and we agree to submit to the non-exclusive jurisdiction of the English courts for the determination of any dispute between us. 6.3. The headings in these Terms shall not affect their interpretation. 6.4 If any Term shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such Term or part shall to that extent be deemed not to form part of our agreement with you but the validity and enforceability of the remainder of that agreement shall not be affected. 6.5 You may not assign, sub-licence or otherwise transfer any of your rights under these Terms.
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7. Data Protection
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We take protection of any personal information you supply to us seriously. We will only use the information you provide about yourself in accordance with our Privacy Policy statement. You must comply with your own responsibilities under relevant data protection laws