Terms & Conditions
Terms and Conditions
Please take the time to read our terms and conditions prior to using any or our services. If you have any questions in relation to these terms and conditions please get in touch with us by email at email@example.com We will be delighted to assist any way we can.
Westport Eats is a subsidiary of the Irish based company ‘Vitalize Business Solutions’ which was registered in Ireland and is based in Westport Co. Mayo. If you require our VAT number please contact us at firstname.lastname@example.org
We provide an online ordering platform to restaurants. When you order off our platform, the order is sent directly to the restaurant where they can choose to accept or reject it. The customer has the option to choose delivery or takeaway/collection. In the event that the customer chooses delivery, the restaurant will organise this service either using one of their own drivers or a third party delivery driver. Westport Eats or Vitalize Business Solutions does not provide the delivery service. We are strictly an online ordering platform.
It is necessary to set up an account before ordering of www.westporteats.ie or any of our affiliated apps (Mayo Eats Customer App). This account can be opened manually or set up using an existing facebook or google account. In the event that you open an account manually you may create a password. You may also have to provide credit card details if you wish to pay for your order in advance or if a restaurant requires pre payment. It is the customers responsibility to keep their account and account details (including usernames, password and any other details shared) safe at all times. This includes preventing others from accessing your email account or mobile phone and or other capable device. If another person uses any method 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. You may request to have your account closed at any time by contacting us at email@example.com. We may suspend or close your account at any time without warning for any reason including, but not limited to, believing that it has been used by someone else. We may also close your account if it is in our opinion that you are abusing our service.
Each restaurant that uses our services have their own unique set of services, opening hours, payments methods and fulfilment options. Each restaurant is responsible for setting their own delivery prices, delivery radius and whether or not they offer delivery, collection or a combination of both. We do not take responsibility for inaccurate prices, opening hours, menu descriptions or allergen information as the restaurant is solely responsible for all of this information.
When you place an order with one of the Restaurants that use our service they will give you an estimated time for when it is to be collected or when it will be delivered. This time is an ESTIMATED VALUE and is chosen by the restaurant at the moment they receive your order based on the information they have on hand at that time. Factors such as weather, unforeseen busy periods, traffic and availability may have an impact on this time. For delivery, it is important that you input ALL required address information. Please ensure you have your phone on hand to answer further questions the restaurant or delivery driver may have as THEY MAY contact you in relation to your order. In the event of a failed delivery, where the restaurant and delivery driver has made every attempt to deliver your order but it is deemed not possible, you will be responsible for full payment of this order. Reasons may include failing to come to the door or failing to answer your phone. The driver may also refuse certain items such as alcohol or tobacco products based on lack of proof of age. You will be still liable to pay for these items.
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 the restaurant before you place your order. If you believe that the items you have received do not comply with these legal rights, please first make contact with the restaurant to resolve this issue. If this fails, we will be glad to assist where possible and you can get in contact with us at firstname.lastname@example.org
Alcohol and tobacco products can only be sold to persons aged 18 and over. By placing an order for alcohol or tobacco products you are confirming that you are at least 18 years old. All of our restaurants and their affiliated delivery drivers/ delivery services operate the challenge 25 age verification policy and they will ask for valid photo ID proving that the person receiving the goods is 18 or over. The restaurant or delivery driver may also refuse to deliver any alcohol to any person who is, or appears to be , under the influence of either alcohol or drugs. The person will still be charged for any goods ordered in any of the above circumstances.
It is possible to cancel an order without charge before a restaurant has accepted the order. Once the order has been accept you will need to contact the restaurant directly and request a refund. This may only be possible in the event that the food has not yet been prepared. The restaurant may contact us or proceed to refund you themselves and their decision is final.
Prices include VAT. You confirm that you are using our Service for personal, non-commercial use unless you request a VAT invoice. What’s For Dinner 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 Restaurants. 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 What’s For Dinner or any Partner Restaurants make a delivery, we or the Partner Restaurant 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.
Payment for all Items and deliveries can be made on our Application by credit or debit card, or other payment method made available by What’s For Dinner . 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 What’s For Dinner acting as agent on behalf of the Partner Restaurant only. Payment may also be made by using vouchers or account credit. Use of these is subject to What’s For Dinner Voucher and Account Credit Terms.
We are authorized by our Partner Restaurants 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 Restaurant. In some cases, you can alternatively make your payment in cash directly to the Partner Restaurant 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
Partner Restaurants sometimes make special offers available through our Application. These are visible when you look at a Partner Restaurant menu. These offers are at the discretion of the Partner Restaurants. 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.
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.
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 2007. 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.
Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our Site or our Service, or our entire Site or Service, including to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact email@example.com straight away to let us know. We can deactivate your account at any time.
You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.
These content standards apply to any and all material which you contribute to our Service (the “Contributions”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the Ireland and in any country from which they are posted. Contributions must not:
- contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trademark of any other person;
- be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;
- be threatening, abuse or invade another’ss privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.
We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.
We have taken every care in the preparation of our Site and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on our Site or in our Service we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site, our Service, and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
Any material you upload to our Service or data that we collect as set out above will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
We, Vitalize business solutions, trading as westporteats, mayoeats and eatz do not accept any responsibility for allergen information posted on our service. It is our restaurants responsibility to ensure the accuracy of all allergen information on all online menus they have that are run using our services. It is the customers responsibility to make their allergy requirements known to the restaurant.