Terms and conditions

IMPORTANT LEGAL NOTICE
This page states the terms and conditions (“Website Terms”) on which we, Food Solutions Ltd. (“Time to Eat”), provide our services through our website http://www.timetoeat.com.mt. Please read through these Website Terms carefully before using our Website, as your purchase of any products offered on the Website is subject to these Website Terms. You should be aware that by ordering products via 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 may change these terms from time to time by changing them on this page. These terms and conditions were last updated on 24 September 2014. These Website Terms are only available in English.
For the avoidance of doubt, please note that references to “Website” in these Website Terms include any current or future version of our website http://www.timetoeat.com.mt.

In using the website you agree that you are 18 years or older, or possess legal parental or guardian consent, and are fully able and competent to give the undertakings set out in these Terms of Use, and to abide by and comply with these Terms of Use.

Please understand that if you refuse to accept these Website Terms, you will not be able to order any products from our Website.

1.Using our online ordering service
If you use the online ordering features of the website, then:
1.1 You must only use the website if you are over 18 years of age, or otherwise under the supervision of an adult or guardian;
1.2. You agree to accept full responsibility for all your activities on our website and online ordering;
1.3. You are solely responsible for maintaining the confidentiality of your personal details, password and payment details.
Time to Eat reserves the right to refuse service at any time, terminate your access to the website, or online ordering, remove or edit any content or cancel your orders in its sole discretion and without notice to you.

In the event of dispute please contact the restaurant directly. When referring to a chargeback regarding online payment, you should contact Time to Eat directly (hello@timetoeat.com.mt) to resolve the dispute and not the restaurant.

2.Using our website
Time to Eat grants you permission to access its website in accordance with these Terms of Use provided that you:
2.1. Use the website for your personal use only;
2.2. Do not copy, distribute or publish any part of the website other than as may be necessary to use the website for its intended purpose;
2.3. Do not use any automated program or system in connection with the Time to Eat website or its online ordering functionality;
2.4. Do not to collect any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the Website;
2.5. You comply with the other provisions set out in these Terms of Use.
3.Time to Eat does not ensure that your use of the online ordering service or website will be uninterrupted and we do not ensure that any information (or communication) transmitted via the online ordering service or website will be transmitted reliably, accurately, in a timely manner or at all. The website, as well as the online ordering services, provided by Time to Eat are provided on an “as is” basis and may be subject to delay or downtime.
4.Time to Eat do not guarantee that the online ordering service or website is free from viruses or anything else which may have a harmful effect on any technology.
5.Additionally, whilst Time to Eat will try to allow uninterrupted access to the online ordering service or website, access to the online ordering service or website may be suspended, restricted or terminated at any time.
6.All prices are in Euro (€). Except where indicated, prices include VAT (Value added Tax)
7.Time to Eat reserves the right to change, substitute, suspend, alter, modify or remove without notice any information or service on the website or forming part of the online ordering service from time to time.
8.While Time to Eat tries to ensure this Website is generally available twenty four (24) hours a day, 7 days a week, Time to Eat will not be liable if this Website is unavailable at any time or for any period. Time to Eat assumes no responsibility for functionality which is dependent on your browser or other third party software to operate (including, and not limited to, RSS feeds). Time to Eat may also withdraw any information from the online ordering service or website at any time.
9.Time to Eat reserves the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Terms of Use.
Unfortunately, the transmission of information via the internet is not completely secure. Although Time to Eat will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
10.When you are visiting our website on a reoccurring basis, Time to Eat may eventually store so called “cookies” on your computer to offer you a better functionality. These cookies contain pieces of information that may remember you as our customer including information from your previous orders. The use of cookies is industry standard and they are common at almost every internet shop or website.
11.changes to these terms
11.1Time to Eat, at its discretion and subject to law, amend or otherwise modify the Terms of Use from time to time. Time to Eat recommends that you carefully read, each time you visit the website, the Terms of Use as they may affect your rights.

12. Representations and Warranties.
a. You hereby represent, warrant and covenant to us, that you shall:

• 12.1. Provide true, accurate, current and complete information.
• 12.2. Maintain and promptly update all information to keep it true, accurate, current and complete.
b. You hereby represent and confirm to us that information submitted by you for display on the Website (including any material submitted as feedback or a review of a Restaurant) shall not:

• 12.3. contain fraudulent information or make fraudulent offers of items.
• 12.4. violate any applicable law or regulation.
• 12.5.. infringe or misappropriate any copyrights, trademarks, service marks or other intellectual property or other rights of any third party.
• 12.6 contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation.
• 12.7 contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information.


13. VISITOR MATERIAL AND CONDUCT

Other than personally identifiable information, which is covered under the Food Solutions ltd. Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. Food Solutions ltd. will have no obligations with respect to such material. Food Solutions ltd. and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
13.1.You are prohibited from posting, uploading or transmitting to or from this Website any material that:
13.2 breaches any applicable local, national or international law;
13.3 is unlawful or fraudulent;
13.4 amounts to unauthorised advertising; or
13.5 contains viruses or any other harmful programs.
13.6 You may not misuse the Website (including by hacking).
13.7 Any comments or feedback that you submit through the Website must not:
13.8contain any defamatory, obscene or offensive material;
13.9 promote violence or discrimination;
13.11 infringe the intellectual property rights of another person;
13.12 breach any legal duty owed to a third party (such as a duty of confidence);
13.13 promote illegal activity or invade another’s privacy;
13.14 give the impression that they originate from us; or
13.15 be used to impersonate another person or to misrepresent your affiliation with another person.
13.16 The prohibited acts listed in paragraphs 13.13 to 13.15 above are non-exhaustive. You will pay TIMETOEAT for all costs and damages which it incurs as a result of you breaching any of these restrictions.
13.17 TIMETOEAT will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of paragraph 13.13 to13.15.

14. DISCLAIMER
14.1 While Time to Eat tries to ensure that information on this Website is correct, we do not guarantee it is accurate or complete. Time to Eat may make changes to the material on this Website, or to the services and prices described in it, at any time without notice. The material on this Website may be out of date, and Time to Eat takes no authority for the update of that material. In particular, we do not promise that the information provided by the Delivery Restaurants and displayed on this Website such as the menus, pricing and estimated times for deliveries and collections is correct or up to date.
14.2 You are solely responsible for the security of your password that you used to register with this Website. Unless Time to Eat negligently discloses your password to a third party, Time to Eat will not be liable for any unauthorised transaction entered into using your name and password.
14.3 PLEASE NOTE: Time to Eat tries to accurately copy the item names, descriptions, prices, heat and allergenic warnings and any other information (“Menu Information”) from the menus that are provided to us by Delivery or Take Out Restaurants. However, it is the Restaurants that are responsible for providing this Menu Information and ensuring that it is factually accurate. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Restaurant directly before ordering.

15. Force Majeure
Time to Eat will not be held liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation to) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the 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 the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

16. Privacy Policy
Our Commitment to Privacy
16.1Protecting your privacy is important to us. We understand you may have questions or concerns regarding your personal information and how it will be used. With this in mind, we have developed this Privacy Policy.
The Information We Collect and How We Use It
16.2On the Website, you may register as a User, download information, contribute content, or place an Order for food or other Goods. The types of information we collect when you access the Website may include the following:
• your name and the name of your company
• contact and billing addresses
• your electronic mail (“email”) address
• your phone and fax numbers
• credit card or debit card information
• your primary dining city
• any information that you may provide in a form on the Website
• Restaurants from which you have ordered, your ordering history, and any dining information or preferences provided by you or the Restaurant
• the Internet Protocol address from which you accessed the Website
• the items you clicked on the applicable web page

Cookies and Related Data
17. Some of the information we collect via the Website is gathered and maintained through the use of “cookies” and other methods. A “cookie” is a small file that is saved on your computer and which may contain information about you, such as your user name and password, or about your use of the Website, such as the page you most recently visited. As a result, we are able to (i) recognize you when you access the Website so that you do not have to re-enter your personal or other information each time you visit the Website, (ii) customize and personalize the content we make available to you, (iii) maintain the “state” of your current visit (e.g., to maintain your Order history or the items in your Order), and (iv) alert you to features of the Website. You may disable “cookies,” but the Website may not function properly as a result. In addition we may collect certain non-personal data in connection with the Website. For example, we may collect information on the browser that you use to access the Website, the operating system that you are running, and certain information about the Website you accessed immediately before you accessed the Website.
Posting to Public Areas of Website

18. Please remember that if you post any of your personal information in public areas of the Website, such as in dining feedback, such information may be collected and used by others over whom we have no control. We are not responsible for the use made by third parties of information you post or otherwise make available in public areas of the Website.
Our Use of Your Information.

19. We may provide your name, phone number, email address, and contact and billing addresses to Restaurants from which you place an Order, as well as other third parties who may help fill the Order. We may share your Restaurant order history and other dining information and preferences with that Restaurant and other restaurants under the same ownership.

20. We may also use and share your information with Restaurants and others:
• to place an Order with a Restaurant,
• to provide you with dining gift certificates and other products, promotional materials and services of the Website, under applicable terms and conditions
• to provide you with information about the services of the Website,
• to provide services which Users are entitled to under applicable terms and conditions,
• to produce aggregate statistical data for the improvement of services offered by the Website,
• to use the aggregate statistical data for promotional purposes,
• to provide you with restaurant recommendations based on your dining history,
• to make your information available to other businesses that may have offers of goods or services for you,
• for any other purposes related to those above.

21. For any user, we may aggregate your non-personal data with the non-personal data of our other users. We also collect and analyze general traffic patterns within our Website to help maintain the flow and content of the Website, and we may use or provide to third parties some or all of this anonymous aggregated information to support our commercial activities or for any other reason.
22. In addition, we may collect other personally identifiable information about you through the Website or through your responses to emails from BizNet to learn more about you and to provide you with services. We may (i) use your information to support our customer satisfaction initiatives, (ii) from time to time disclose your information to other companies that are affiliates of BizNet, and (iii) disclose your information to a third party that is a successor to all or part of our business, provided that such third party agrees to comply with the provisions of our Privacy Policy with respect to the use of your information.

23. We may, and, Restaurants from which you have ordered may, from time to time send information or offers to the email address you provide to us. If you prefer not to receive such email, please either access your Profile page to “opt out” of the email list or follow the procedures set forth at the end of each email explaining how you can have your email address removed from the applicable email list. You may not “opt out” of communications relating to an Order.