These Terms govern
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
These Terms are governed by English law and are subject to the jurisdiction of the English courts.
Any other contract or agreement entered into between the Owner and the Sellers shall always prevail over the provisions of these Terms. Therefore, in such cases, these Terms shall apply only residually and in accordance with applicable provisions in such agreements or contracts.
Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where HutBite app and website has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.
HutBite app and website is provided by:
Blue IT Ltd
36 Crossbrook Street, Cheshunt, Hertfordshire EN8 8JQ, United Kingdom
Company number: 13005864
Owner contact email: anthony@hutbite.com
Order Relay and Marketplace Model: When you place an order through HutBite, you are contracting directly with the participating restaurant. The restaurant is the seller and merchant of record, responsible for preparation, quality, allergens, delivery/collection, and compliance with applicable consumer law. HutBite provides the technology to facilitate ordering and may offer customer support, but is not a party to the sale.
The Service of HutBite app and website is provided at no monetary cost to Buyers. Products offered by the Owner or by Sellers via HutBite app and website are marked as such.
Without prejudice to its role as a mere technical intermediary as described above, the Owner may provide additional services to either party of such interaction, such as providing packaging, shipping or facilitating dispute resolution.
HutBite app and website merely serves as a technical infrastructure or platform to allow Users to interact with each other. The Owner therefore is not directly involved in any such interactions between Users.
These Terms only apply to the described usage of HutBite app and website as a platform.
Terms, conditions and any other provision applying specifically to transactions between Buyers and Sellers are specified by each Seller.
Unless otherwise specified, the terms of use detailed in this section apply generally when using HutBite app and website.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using HutBite app and website, Users confirm to meet the following requirements:
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by HutBite app and website.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Registration of User accounts on HutBite app and website is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
Users can terminate their account and stop using the Service at any time by doing the following:
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Unless where otherwise specified or clearly recognizable, all content available on HutBite app and website is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on HutBite app and website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on HutBite app and website, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on HutBite app and website, the User may download, copy and/or share some content available through HutBite app and website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
HutBite app and website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of HutBite app and website and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to HutBite app and website or the Service, terminating contracts, reporting any misconduct performed through HutBite app and website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK consumer protection law and may be eligible to withdraw from contracts made online (distance contracts) within 14 days, for any reason and without justification.
Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.
The right to cancel does not apply to contracts that have been entered into with the Owner. It may, however, apply to contracts entered into with Sellers. If applicable, the right to cancel from contracts entered into with Sellers via HutBite app and website is subject to the conditions and specifications made available by each Seller on HutBite app and website.
To exercise their right of cancellation, Users must send to the Owner an unequivocal statement of their intention to cancel the contract.
To this end, Users may use the model cancellation form available from within the "definitions" section of this document. Users are, however, free to express their intention to cancel the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the cancellation notice before the cancellation period expires.
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory withdrawal right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section. The Consumer shall only be liable to the Seller for any diminution in the value of the goods resulting from handling the goods in a manner other than that necessary to acquaint him with the nature, characteristics and functionality of the goods.
Users in the United Kingdom qualifying as Consumers have a right to receive goods that are in conformity with the contract under the Consumer Rights Act 2015.
Goods must be of satisfactory quality, fit for purpose, and as described. Services must be carried out with reasonable care and skill.
Under EU law, for a minimum period of 2 years from delivery, traders guarantee the conformity of the goods they sell to Consumers.
Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the items available on HutBite app and website in accordance with the laws of the country of their habitual residence.
National laws of such country may grant Users broader rights.
Consumers who do not qualify as European may benefit from legal guarantee of conformity rights in accordance with the legislation of the country of their habitual residence.
Unless otherwise explicitly stated or agreed with Users, the Owner's liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as HutBite app and website has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
Nothing in these Terms excludes or limits the Owner's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.
These Terms are governed by the laws of England and Wales.
However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of England and Wales.
The above does not apply to any Users that qualify as Consumers, who may bring proceedings in the courts of their country of residence.
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of HutBite app and website or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner's email address specified in this document.
The Owner will process the complaint without undue delay and within 2 days of receiving it.
UK Consumers can access the Online Dispute Resolution platform provided by the UK government for resolving disputes with online traders.
European Consumers can use the European Commission's online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to online sale and service contracts.