Last Updated: February 2021
IMPORTANT LEGAL NOTICE
and Cookies Policy
) sets out the terms and conditions ("Website Terms") on which Peckish Limited ("we", "our" or "Peckish"), provide access to our website www.peckish.ie
and any Peckish mobile application (together, "the Website"). Please read these Website Terms carefully. Please note that we may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms
- WHO WE ARE
Company details: Peckish Limited is a company registered in Ireland with registered company number 644767.
Service: We provide information in relation to food operators’ businesses, services provided and menu for restaurants ("Restaurants") which are displayed on the Website. The legal contract for the subsequent visit to and purchase of any products is between you and the Restaurant.
- THE WEBSITE
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.
Personal account: If you use the Website’s personal account function you are responsible for maintaining the confidentiality of your account and password and for restricting unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
Information: This Website contains a large number of menus and it is possible that some of the menus may include incorrect details. 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, and the ingredients used, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.
Allergy, dietary and other menu information: When a Restaurant signs up with Peckish, and uploads a menu they are obliged to provide up-to-date menu information. If you have, or someone you are researching for has, a concern about food allergies, intolerances or other dietary preferences, you should always contact the Restaurant directly.
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.
Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
Security of Information: Please note that 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 own risk.
- LICENCE FOR WEBSITE ACCESS
Peckish grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Peckish. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product/service listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Peckish and its affiliates without express written consent.
You may not use any meta tags or any other "hidden text" utilising Peckish's or its affiliates' names or trademarks without the express written consent of Peckish. Any unauthorised use terminates the permission or license granted by Peckish.
You may not use any Peckish logo or other proprietary graphic or trademark as part of the link without our express written consent.Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
- LIMITATIONS OF LIABILITY
To the fullest extent permitted by applicable law, neither Peckish nor any of its directors, employees, affiliates or other representatives will 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 for loss or damages arising out of or in connection with your use of, or your inability to use, the materials, software and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if Peckish has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.
The legal contract for the supply of any services advertised on the Website by a Restaurant is between you and the Restaurant. We have no control over the actions or omissions of any Restaurants.
- YOUR RESPONSIBILITY
Notwithstanding any information which is available on the Website regarding dietary requirements, you acknowledge and agree that if you have a specific food allergy or intolerance, you will communicate with the Restaurant directly to check that the food is suitable for you.
- EXTERNAL LINKS
The Website contains links to other websites. We provide these links to you only as a convenience and the inclusion of any link does not imply endorsement of the relevant website by Peckish. Please take note that Peckish is not responsible for the privacy policies or practices of such other websites. We encourage our users to be aware when they leave the Website and to read the privacy statements of each website that collects personally identifiable information. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies or those linked websites. Please check these policies before you submit any personal information to such websites.
This privacy statement applies solely to information collected by the Website and as part of any service, we may deliver
By accessing the personal account function of this Website, users may post reviews, comments and other content, (“Reviews”).
Users are prohibited from posting Reviews that could be considered;
- illegal, obscene, abusive, threatening, defamatory, invasive of privacy,
- infringe of intellectual property rights, or otherwise injurious to third parties, or objectionable
- consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam”.
- Amounts to unauthorised advertising
Any Reviews that you submit through the Website must not:
- contain any defamatory, obscene or offensive material;
- promote violence or discrimination;
- infringe the intellectual property rights of another person;
- breach any legal duty owed to a third party (such as a duty of confidence);
- promote illegal activity or invade another\'s privacy;
- give the impression that they originate from Peckish; or
- be used to impersonate another person or to misrepresent your affiliation with another person.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Peckish reserves the right (but not the obligation) to remove or edit any content.
If you do post Reviews, and unless we indicate otherwise, you
- grant Peckish and its affiliates a non-exclusive, royalty-free and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
- Peckish and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
Peckish takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Peckish liable for any mistakes, defamation, slander, libel, omissions or falsehoods, you may encounter.
Any Reviews Material contained on the Website are for information purposes only and do not constitute advice from Peckish. Reviews reflect the opinions of customers who have used the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only.
As a provider of interactive services, Peckish is not liable for any statements, representations or content provided by its users in any public forum, personal home page or other Interactive Area. Although Peckish has no obligation to screen, edit or monitor any of the content posted to or distributed through the Website, Peckish reserves the right, and has absolute discretion, to remove, screen or edit without notice any Reviews posted or stored on the Site at any time and for any reason.
- CUSTOMER CARE
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 (together, "Reviews") to reflect your experience. The Reviews are an important part of our quality control process.
- DEFAMATION CLAIMS
Because Peckish has so many restaurants/takeaways on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of every menu, comment or review that is displayed. Accordingly, Peckish operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on the website contains a defamatory statement, please notify us immediately by email email@example.com. Once procedure has been followed, Peckish will make all reasonable endeavors to remove the defamatory content complained about within a reasonable time.
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Peckish, its affiliates or its content suppliers and is protected by Irish and international copyright, authors rights and database right laws.
All software used on this website is the property of Peckish, our affiliates or our software suppliers and is protected by Irish and international copyright and authors rights laws. You may not systematically extract and/or re-utilise parts of the contents of the website without Peckish's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Peckish's express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without Peckish's express written consent.
- THIRD PARTIES
Peckish may serve advertisements to the Site or work with a third party to serve the advertisements. Advertisements placed on the Site may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships. You agree that Peckish has the right to run such advertisements and promotions.
Peckish does not control the content of these services which are supplied by third parties and the inclusion of content does not imply endorsement of the third party by Peckish or any association with that third party. User correspondence or business dealing with, or participation in promotions of, advertisers or third parties found on or through the Site or Services, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between you and the advertiser or third party. You agree that Peckish shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site or Services.
(b) Email Marketing
Peckish and/or third parties may, from time to time, send e-mail messages to you containing advertisements, special promotions, and other marketing subject to your permission. Your correspondence or business dealing with advertisers or third parties found on the site or via email correspondence, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between you and such advertiser or third party. You agree that Peckish shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
13.1.1. you have used the Website in breach of paragraph 4 (License);
13.1.2. you have posted Reviews in breach of paragraphs 8 (Reviews);
13.1.3. you have breached paragraph 7 (External Links); or
13.1.4. you have breached any other material terms of these Website Terms.
Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
- ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS
We reserve the right to make changes to our website, policies, and these conditions of use at any time. You will be subject to the policies and conditions of use in force at the time that you use the website. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- EVENTS OUTSIDE OUR REASONABLE CONTROL
We will not be held responsible for any failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- acts, decrees, legislation, regulations or restrictions of any government.
Our performance under these Website Terms is deemed to be suspended for the period that any 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 any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.