Terms & Conditions

Takeout by Musgrave Marketplace

Terms & Conditions of ordering 

 

  1. Applicable terms and Conditions – data protection, privacy and cookies

This is a service offered by Musgrave Limited trading as Musgrave MarketPlace (“Musgrave”), the terms and conditions of use of Musgrave’s websites apply to all use of any website or related service operated by Musgrave.  A copy of those terms and conditions are set out at www.musgravemarketplace.ie/terms-conditions/. In addition Musgrave’s use of data relating to you will be managed in accordance with Musgrave’s privacy policy a copy of which is set out at www.musgravemarketplace.ie/privacy-statement/.   Our use of cookies is managed in accordance with our Cookies policy and a copy of that is  set out www.musgravemarketplace.ie/cookie-policy/.  This gives details on how we use and manage cookies and how you can manage your personal preferences in relation to those cookies.

 

  1. Ordering process and delivery

Your order 

Once you have selected the appropriate products and wish to complete your order from your chosen Restaurant, you should submit your order by clicking "place order", please make sure the information given is correct. As soon as the order has been submitted, the Restaurant will be working on your order and changes will not be possible. 

Changing or canceling your order 

When the order has been submitted and payment has been approved it is no longer possible to change or cancel your order.

Approving of payment method 

Should payment not be approved from your card by your financial institution, then the order will not be processed or sent to the Restaurant. 

Managing your order and order rejected by the Restaurant  

Once your payment has been approved, we will send details of your order to the Restaurant, and will confirm whether or not the order will be processed or rejected by the Restaurant.  

Please note, the confirmation-page on the website and the confirming email you receive when placing the order is only to confirm the order has been paid for. A notification will be communicated to you via the Musgrave Musgrave Takeout App and stored in your inbox once the order is confirmed by the Restaurant. It is possible that the Restaurant may not accept your order and we will refund any payment made on your card.  If an order has not been accepted by a Restaurant we will contact you right away (usually by email or by the app). It may be that the Restaurant is too busy to process your order or is not operating at the time the order is made. 

Delivering your order 

The estimated delivery and pickup times  are provided by the Restaurant and not by Musgrave.  You should contact the Restaurant direct in relation to the delivery of your order.

You cannot cancel your order after the order has been placed. The order when confirmed on the website, will go into production and will be regarded as in progress.  

 

  1. Customer service

General 

Customer service is very important for Musgrave. Our customer service team will, to the best of their ability try and help any problems that might occur with your order. You can contact customer service, by clicking "contact us by email",

Questions to your order 

If there is any delay in your order, or processing it takes more time than usual or if you experience any problems with your order please do not hesitate to contact the Restaurant directly on the Restaurant phone number received within your email order confirmation

Complaints and feedback 

If you ever experience that the quality of the product or service, does not live up to your expected standards, please send us your feedback to info@takeout.ie.

If you experience a lower quality in the product or the service being offered from a Restaurant and would like compensation, you should contact the Restaurant directly in order to register your complaint. If you are unable to contact the Restaurant or the Restaurant refuses your complaint, then do contact our customer service within 48 hours of submitting the Takeout order. One of our customer service agents will then attempt to contact the Restaurant in order to come to a solution. Please note, we do not control the product or the service offered by the Restaurants and cannot be held accountable for any compensation on behalf of the Restaurants.  

Our customer service can always be contacted on info@takeout.ie.

 

  1. Payment

All prices are in EURO and including Irish VAT. Payment is made electronically from your payment card

 

  1. Abuse

We want to make the payment process as easy and straight forward as possible.   If we suspect that there is any fraudulent activity on any card we reserve the right to suspend any order and any payment immediately and to notify the relevant authorities as well as the financial institutions involved. 

 

  1. Order storage

The order will be stored on Musgrave’s secure servers and will be sent to the Restaurant by us on your behalf. If you would like to have the order sent by email, please contact the Restaurant via the email address or phone number listed on their website. Alternatively contact our customer service on info@takeout.ie  - remember to note the order-number, name of the Restaurant and ordering date. 

  

TERMS AND CONDITIONS (THE “AGREEMENT”) 

The Musgrave mobile app (“Musgrave Takeout App”) allows you (“You”) to purchase Items (as defined below) through the Musgrave Takeout App (the “Service”) from specified take-away, cafés and restaurants (the “Restaurant”). When you purchase certain goods including food and beverages at a Restaurant, (“Items”) from the Musgrave Takeout App, then it is subject to the terms set out in this Agreement.  Your agreement to purchase Items is between you and the Restaurant and Your Agreement in relation to the use of the Software, payment and the Musgrave Takeout App is between You and Musgrave. 

  1. TERMS OF PURCHASE
    1 To use the Musgrave Takeout App, You must ensure that You: (i) have a functioning mobile communications device ( that enables you to browse the internet and to make payments (“Device”); and (ii) that you have an internet connection to your Device. 
    1.2 The Service shall enable You to: (i) view Items for sale; (ii) purchase Items using the Service; (iii) track the order of Items; When You purchase an Item on the Service using the Musgrave Takeout App.

1.3 You shall pay for such Item by either using a credit or debit card accepted by the Musgrave Takeout App and You represent, warrant and undertake that: (i) You are legally capable of entering into this binding contract; (ii) You are at least 18 years old; (iii) You will use the Service only for Your personal, non-commercial use and not for any re-distribution of Items; and (iv) You will not infringe the Intellectual Property Rights (as defined below) or other rights of third parties whose work is embodied in Items. 
1.4 You agree and acknowledge that it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol or for any person over the age of 18 to buy alcohol on behalf of any person under the age of 18. Orders containing alcohol will therefore not be accepted by the Service from or on behalf of persons under the age of 18 and it is within the Restaurant staffs’ rights to ask for proof of age of anyone on the Restaurant’s physical premises. 
1.5 You may use the software operated by the Musgrave Mobile App made available for use in connection with the Service (“Software”) only in connection with the Service. You may not separate any individual component of the Software or incorporate it into Your own programs or deal with it in any other way. You may not, and You will not assist, encourage or authorise any third party to modify, reverse engineer, decompile or disassemble Software, whether in whole or in part or create any derivative works from the Software. 

  1. PAYMENT AND DELIVERY PROCESS
    1 You need to register to access the Service and You will be required to enter Your payment details to pay for Items using Your credit or debit card. The Musgrave Takeout App uses the 3 digits on the back of your credit card as code to make payments through the Musgrave Takeout App secure. On collecting or the delivery of Items, You may be required to show Your phone displaying Your order number to the Restaurant staff at the time of collection or delivery of Items as proof of identification. You are responsible for the safekeeping of Your order number. 
    2.2 Musgrave will ensure that any information, such as Your debit or credit card information, which passes between the Musgrave Takeout App and the server, is encrypted with SSL (Secure Socket Layer). However, You acknowledge that the transmission of information via the internet is not completely secure and Musgrave cannot guarantee the security of Your data transmitted through the Musgrave Takeout App, which is transmitted at Your risk. Musgrave shall not be liable for any claims arising from misuse of Your credit or debit card where such misuse is a result of Your failure to keep Your credit or debit card secure. 
    2.3 In the case of Items which are not capable of delivery in digital format, such as food and beverages, (“Tangible Items”) the Service shall procure delivery of any Items to You within reasonable industry times of You paying for such Tangible Items using the Service. The Service may notify You of an estimated time for delivery or collection of Your Tangible Items but these are estimates only and should not be relied upon or treated as guarantees. 
    2.4 The Service shall comply with all applicable laws and regulations related to Your use of the Service, including but not limited to laws and regulations concerning distance selling, refunds and returns, data protection and food safety. 
  2. CANCELLATIONS, DISPUTES AND REFUNDS
    1 Once You have submitted and paid for Your order for Tangible Items, You will not be entitled to amend or cancel Your order on the Musgrave Takeout App until the Service has accepted it. The Service has discretion to reject Your order, for example if the Restaurant has no longer got Items in stock or if the Restaurant is too busy to be able to fulfil Your order. When You submit and pay for an order, Your bank or card issuer will ring-fence the payment amount. If You cancel an order or the Service rejects it, Your bank or card issuer will release the payment amount back to Your account (without transferring the amount to Musgrave, although You accept this may take up to 7 days. 
    3.2 If You have any dispute with the Service or You think You are entitled to a refund, You should contact the Restaurant staff in the first instance as this in most cases will result in immediate resolution of the dispute. If the dispute is not resolved to Your satisfaction by the Restaurant, You are entitled to notify Musgrave Takeout App, within 24 hours of placing Your order, by contacting Musgrave Takeout App through the “contact” on info@takeout.ie. Musgrave shall use reasonable commercial endeavours to resolve any such dispute between You and the Restaurant without accepting any liability for the Restaurant’s actions or omissions. 
  3. TERM
    The term of this Agreement shall commence upon You commencing use of the Service and shall terminate upon You ceasing use of the Service. 
  4. INTELLECTUAL PROPERTY
    You acknowledge that any and all patents, trademarks, service marks, designs, utility models, unregistered trademarks, business or trade names (including Internet domain names and e-mail addresses), designs, copyright (including copyright in broadcasts, computer software and databases), semi-conductor topography rights, database rights and design rights, inventions (including improvements on or additions to inventions), discoveries, know-how and all other intellectual and industrial property and rights of a similar or corresponding nature (“Intellectual Property Rights”) on daybreakirealnd.ie (the“Website”), the Musgrave Takeout App and the Service, including the brand, logo and get-up, community features, underlying software and technology, and all information, consumer data and other material generated by the operation of the Website, Musgrave Takeout App and Service belongs to Musgrave or its licensors and You shall not acquire or claim any right, title to or interest in the same and nor shall any goodwill inure to You by virtue of this Agreement. 
  5. SERVICE ACCESS
    1 Musgrave operates the Service with the aim of providing You with uninterrupted access. However, You acknowledge that Musgrave is under no obligation to ensure the Service is continuous and Musgrave will not be liable where access to the Service is suspended (whether temporarily or not) without notice. 
    6.2 Musgrave will try to ensure that the information on the Website and the Musgrave is correct. However, You acknowledge that Musgrave is under no obligation to update material on the Website and the Musgrave Takeout App and provide that it is error and virus free. The Restaurant is responsible for providing correct information regarding Item description and price. 
    6.3 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices (Device(s)) that are controlled, but not owned, by You and to download a copy of Musgrave Takeout App onto the Devices. You and they may be charged by Your and their service providers for internet access on the Devices. You accept responsibility in accordance with this Agreement for the use of Takeout or in relation to any Device, whether or not it is owned by You. 
    6.4 You will be solely responsible, at Your own expense, for acquiring, installing, maintaining and updating all connectivity equipment as may be necessary for Your Device to connect to, access, and use Musgrave Takeout App as permitted by this Agreement. 
  6. LIABILITY
    1 The parties’ liability to each other for death, personal injury, fraudulent misrepresentation or any other liability that cannot be excluded by law shall not be limited. 
    7.2 Other than as set out above Musgrave shall not be liable to You whether in contract, tort, breach of statutory duty, or otherwise, even if foreseeably, arising under or in connection with the Service, the Musgrave Takeout App or the Website for: loss of profits, sales, business or revenue; loss of goodwill; indirect or inconsequential loss or loss or corruption of data. 
    7.3 Musgrave’s total liability to You shall not exceed 100% of the price of Your order. 
  7. MISCELLANEOUS
    Musgrave reserve the right to amend this Agreement from time to time by changing the terms and conditions on the Musgrave Takeout App. Where this Agreement is varied, the new terms of use may be displayed on-screen on the Musgrave Takeout App and You may be required to read and accept them to continue Your use of the Service. 
    8.2 If any term of this Agreement is held to be unenforceable in whole or in part, that term shall to the extent necessary be deemed not to form part of this Agreement but the enforceability of the remainder of such term and of the remainder of this Agreement shall not be affected. The following Sections: 1, 5 and 8 of this Agreement shall survive termination of this Agreement.
    8.3 The failure by Musgrave to enforce any term of this Agreement shall not be considered to be a waiver of the right to subsequently enforce any such term. 
    8.4 This Agreement constitutes the entire agreement of the parties and supersedes any previous arrangements between the parties. Neither party has relied on any oral or written representation of the other party regarding this Agreement. 
    8.5 This Agreement shall be governed by and construed in accordance with the laws of Ireland  and the parties submit to the non-exclusive jurisdiction of the courts of Ireland. 
  8. ACCEPTANCE
    By clicking the “accept” button, You acknowledge that You accept the terms of this Agreement without change. Your continued use of the Service constitutes Your acceptance of this Agreement. 

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