1. INTRODUCTION AND
1.1. Company details: SpeedyBites is a company registered in Nigeria
1.2. Product Orders: We provide a way for you to communicate your orders for products to delivery or takeaway restaurants in Nigeria displayed on the Website and App. The legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with and we will conclude the sale of Products on behalf of, and as commercial agent for, the Restaurants in all cases.
2. WEBSITE ACCESS
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 order any Products 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.
3. YOUR STATUS
3.1. Capacity and age: By placing an Order through the Website
or App, you warrant that:
3.2. You acknowledge and agree that if you
have a specific food allergy or intolerance, you will contact the Restaurant
directly to check that the food is suitable for you, before placing your order
directly with them.
3.3. Alcohol, cigarettes and other
4. HOW TO MAKE AN
ORDER AND HOW IT IS PROCESSED
4.1. Compiling your Order: Once
you have selected the Products you wish to order from the menu of your chosen
Restaurant and provided the other required information, you will be given the
opportunity to submit your Order. It is important that you check
all the information that you enter and correct any errors before
completing your order as once you do so you will be entering into a contract
with the Restaurant and errors cannot be corrected.
4.2. 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. If you wish to change or cancel your Order,
you may contact our Customer Care team as described in paragraph 6.3 and they
will attempt to contact the Restaurant in order to communicate your requests.
However, there is no guarantee that we will be able to reach the Restaurant or
that the Restaurant will agree to your requests as they may have already
started processing your Order.
4.3. Payment authorisation: Where
any payment you make is not authorised, your Order will not be processed or
communicated to the relevant Restaurant.
4.4. Processing your Order and
Restaurant rejections: On receipt of your Order, we will send it to
the relevant Restaurant and will notify you that your Order has been received
and is being processed. Please note that any confirmation page that you may see
on the Website and any Order confirmation e-mail that you may receive each
confirm that you have a contract for the sale of Products with a Restaurant but
does not necessarily mean that your Order will be fulfilled by the Restaurant.
We encourage all our Restaurants to accept all Orders and to communicate any
rejection promptly, and we will notify you as soon as reasonably practicable if
a Restaurant rejects your Order. However, Restaurants have the ability to reject
Orders at any time for any reason. In doing so, Restaurants will be in breach
of their agreement with you and any payment made in respect of the order will
be returned to you in accordance.
4.5. Delivery of your Order: Estimated
times for deliveries and collections are provided by the Restaurants and are
only estimates. Neither we nor the Restaurants guarantee that Orders will be
delivered or will be available for collection within the estimated times.
4.6. Commercial agency: For
the avoidance of doubt, any orders processed by SpeedyBites through the Website
are processed by SpeedyBites in its capacity as commercial agent of the
5. PRICE AND
5.1. VAT and delivery costs: Prices will be as
quoted on the Website. These prices include VAT but may exclude delivery costs
(if you opt for delivery instead of collection) and any administration or
service charge imposed by the Restaurant. These will be added to the total
amount due where applicable.
5.2. Incorrect pricing: This Website
contains a large number of menus and it is possible that some of the menus may
include incorrect prices. If the correct price for an Order is higher than the
price stated on the Website, we will normally contact you before the relevant
Order is dispatched. In such an event, neither we nor the relevant Restaurant
is under any obligation to ensure that the Order is provided to you at the
incorrect lower price or to compensate you in respect of incorrect pricing.
5.3. Payment methods: Payment for
Orders must be made by an accepted credit or debit card through the Website or
in cash to the Restaurant at the point of delivery to, or collection by, you.
5.4. Card payments: If you pay by credit or debit card, you may be required to show the card to the Restaurant 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 days or weeks to be deducted from your bank account or charged to your credit or debit card.
5.5. Credit and discount vouchers: 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 by the Restaurant (as described in paragraph 4.4 above) 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 neither we nor the relevant Restaurant will 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.
6. CUSTOMER CARE
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 Customer Care Team as described above and one
of our Customer Care Advisers will attempt to contact the Restaurant in order
to follow up on your query.
6.3. Changing or cancelling your
Order: If you wish to change or cancel your Order after it has been
submitted and payment has been authorised, you may contact our Customer Care
team as described above and they will attempt to contact the Restaurant in
order to communicate your requests. However, there is no guarantee that we will
be able to reach the Restaurant or that the Restaurant will agree to your
requests as they may have already started processing your Order.
6.4. Complaints or feedback: In
the event that you are dissatisfied with the quality of any Products or the
service provided by a Restaurant, please consider providing feedback in the
form of ratings, comments and reviews on the Website to reflect your
experience. The Reviews are an important part of our quality control process.
6.5. Compensation: If
you are dissatisfied with the quality of any Products or the service provided
by a Restaurant and wish to seek a refund, a proportionate price reduction or
any other compensation, you should contact the Restaurant directly to lodge
your complaint and, where appropriate, follow the Restaurant's own complaint
procedures. If you are unable to contact the Restaurant, or the Restaurant
refuses to deal with your complaint, you can contact our Customer Care Team
within 48 hours of placing your Order and one of our Customer Care Advisers
will attempt to contact the Restaurant in order to request compensation on your
behalf. Please note, however, that the legal contract for the supply and
purchase of Products is between you and the Restaurant that you place your
Order with. We have no control over Restaurants and the quality of the Products
or service that they provide, and we are not able to provide, and have no
responsibility or liability for providing, any compensation to you on behalf of
7.1. Terms of permitted use: You are permitted
to use the Website and print and download extracts from the Website for your
own personal non-commercial use on the following basis:
7.2. Limitation on use: Except as
stated in paragraph 7.1, the Website may not be used, and no part of the
Website may be reproduced or stored in any other website or included in any
public or private electronic retrieval system or service, without our prior
7.3. Reservation of rights: Any rights
not expressly granted in these Website Terms are reserved.
8. WEBSITE ACCESS
8.1. Website availability: While we try to
ensure the Website is normally available twenty-four (24) hours a day, we do
not undertake any obligation to do so, and we will not be liable to you if the
Website is unavailable at any time or for any period.
8.2. Suspension of access: Access to the
Website may be suspended temporarily at any time and without notice.
8.3. Information security: The transmission of
information via the Internet is not completely secure. Although we take the
steps required by law to protect your information, we cannot guarantee the
security of your data transmitted to the Website; any transmission is at your
9. VISITOR MATERIAL
9.2. Visitor Material Policy: You are prohibited
from posting, uploading or transmitting to or from the Website any Visitor
Material (including any Reviews) that:
9.3. Visitor Reviews Policy: In particular (but
without limitation), any Reviews that you submit through the Website must not:
9.4. Removal of Reviews: The prohibited acts
listed in paragraphs 9.2 and 9.3 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 9.2 or 9.3 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.
9.5. 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.
9.6. 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
Restaurant from which you choose to order; or (b) representative of the food
you receive from a Restaurant.
9.7. Liability: You agree to
indemnify us against any losses, damages and claims (and all related costs)
incurred by or made against us by a Restaurant or any other third party arising
out of or in connection with any Reviews or other Visitor Material that you
provide in breach of any of the representations and warranties, agreements or
restrictions set forth in this paragraph 9.
9.8. 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 9.2
or 9.3 or any other applicable restriction and you release us to the fullest
extent permitted by law from all liability in relation to such disclosure.
10. LINKS TO AND
FROM OTHER WEBSITES
10.1. 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.
10.2. Linking permission: You may link
to the Website's homepage provided that:
11.1. Website information: While we try to
ensure that information on the Website is correct, we do not promise it is
accurate or complete. We may make changes to the material on the Website, or to
the functionality, Products and prices described on it, at any time without
notice. The material on the Website may be out of date, and we make no
commitment to update that material.
11.2. Allergy, dietary and other menu
information: When a Restaurant signs up with us, they have to provide us with
up-to-date menu information. We then include this on their dedicated page on
the Website. Where this information includes allergy or other dietary
information, we will do our best to republish this information on the website
or app exactly as it appears on the restaurant's menu. If you have, or someone
you are ordering for has, a concern about food allergies, intolerances or other
dietary preferences, you should always contact the Restaurant directly before
placing your order. Please do not use the "leave a note for the
Restaurant" box for your food allergies or intolerances, please contact
the Restaurant directly.
11.3. Restaurant actions and
omissions: The legal contract for the supply and purchase of
Products is between you and the Restaurant that you place your Order with. We
have no control over the actions or omissions of any Restaurants. Without
limiting the generality of the foregoing, you acknowledge and accept the
following by using the Website:
11.4. Exclusion of terms: We provide you with
access to and use of the Website on the basis that, to the maximum extent
permitted by law, we exclude all representations, warranties, conditions,
undertakings and other terms in relation to the Website and your use of it
(including any representations, warranties, conditions, undertakings and other
terms which might otherwise apply to the Website and your use of it, or be
otherwise implied or incorporated into these Website Terms, by statute, common
law or otherwise ).
12.1. General: Nothing in
these Website Terms excludes or limits our liability for death or personal
injury arising from our negligence, our liability for fraudulent
misrepresentation, or any other liability which cannot be excluded or limited
under applicable law. Nothing in these Website Terms affects your statutory
12.2. Exclusion of liability: Subject to clause
12.1, we will under no circumstances whatever be liable to you, whether in
contract, tort (including negligence), breach of statutory duty, or otherwise,
even if foreseeable, arising under or in connection with the Website (including
the use, inability to use or the results of use of the Website) for:
12.3. Limitation of liability: Subject to clauses
11, 12.1 and 12.2, our total liability to you in respect of all other losses
arising under or in connection with the Website or your use of it, whether in
contract, tort (including negligence), breach of statutory duty, or otherwise,
shall in no circumstances exceed N5000.
12.4. Additional costs: You assume full and sole responsibility for any additional or associat