This terms & conditions agreement sets out how Swishr Limited ("Swishr", "us" or "we") and the company whose branding (the "Branded Company") is displayed on the website ("Site") and/or mobile application ("Application") which are provided to you by Swishr on behalf of the Branded Company.
Acceptance of Conditions. Ordering with us constitutes your acceptance of these terms and conditions which take effect at the time you first access the site or application. If you do not accept these terms and conditions you must not place an order via the internet or application. You can only access our full menu and order from us from this website or application and therefore all orders are subject to these conditions.
In this Terms and Conditions the following terms shall have the following meanings:
| "Account" | means collectively the personal information, Payment Information and credentials used by Users to access Material and/or any communications System on the Web Site and/or Application; |
| "Content" | means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site and/or Application; |
| "Cookie" | means a small text file placed on your computer by Swishr when you visit certain parts of this Web Site. This allows us to identify recurring visitors and to analyze their browsing habits within the Web Site. Further details are contained in Clause 9 of this Policy; |
| "Data" | means collectively all information that you submit to the Web Site and/or Application. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems; |
| "Swishr" | means this website (the "Site") and/or Application is owned and operated by Swishr. And it is an intellectual and confidentiality property of Swishr. |
| "Branded Company" | means the website (the "Site") and/or Application provided by Swishr on behalf of the Branded Company; |
| "Service" | means collectively any online facilities, tools, services or information that Swishr makes available through the Web Site and/or Application either now or in the future; |
| "System" | means any online communications infrastructure that Swishr makes available through the Web Site and/or Application either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; |
| "User"/"Users" | means any third party that accesses the Web Site and/or Application and is not employed by Swishr and acting in the course of their employment. A third party who accesses services from Swishr or just visit the Website or Application for any type of information. |
| "Web Site" | means the website that you are currently using (Site). |
| "Application" | means the iOS and/or Android ordering application which are provided by Swishr on behalf of the Branded Company whose branding is being displayed. |
(1) Allergies. We cannot guarantee that any of our foods are free from nuts or nut derivatives. We cannot guarantee that our food will be free from any other ingredients that may causes allergies or allergic reactions. We cook all dishes from scratch therefore a large number of ingredients are present in our kitchen.
(2) Delivery Times. We aim to deliver your order to the address provided in 45-60 minutes (as with all restaurants during busy times, it can take a while longer). For the fastest delivery times please try to order before 6:30, after 8:30, or place an advanced order. In some circumstances we will be able to notify you prior to ordering if we predict that we will be unable to deliver within the normal times, however on occasions it can be difficult to predict. If circumstances out of our direct control cause the delivery to be delayed we will do our very best to keep you updated.
(3) Minimum Order & Free Delivery. For delivery orders we have a minimum order and delivery charge which will ALWAYS be agreed with you before we dispatch your order and is based on the postcode or area/city to be delivered to.
(4) Address details. You agree to provide a valid POSTCODE or AREA, full address and contact telephone number with your order. If you provide incorrect details we will be unable to deliver within any previously stipulated timescales provided by us. You agree not to withhold payment in circumstances where you were unable to provide a correct address or contact details.
(5) Order Confirmation. We reserve the right to cancel your order if we are unable to establish contact with you by phone or email after you have placed an order. This is to protect ourselves against fraudulent and hoax orders. In some circumstance (for example exceptionally large orders) we may insist on a deposit to be paid in advance before confirming your order. If you order online or over the phone, the total price will be confirmed to you before the order is completed.
(6) Catchment Area & Delivery Times If you are from outside our stated catchment area then in most cases we will be unable to deliver to you within the normal 45 minutes. If in doubt please call us to place your order and we will be able to give you an estimated delivery time.
(7) Website Photos/Pictures. Food photographs on this site do not represent how your dishes will be deliver to you. In some cases there will be differences between the photos displayed and the ingredients in the dishes delivered to you. Where ingredients are not available or are out of stock our chefs will decide on suitable replacements to be used (for example red pepper substituted for green pepper). If you are unsure of the ingredients/content/packaging of any dish then please call and discuss this with our staff before ordering. All photographs are serving suggestion or simply represent generic raw ingredients.
(8) Food Description & Ingredients All dish descriptions on the website represent and describe the item in question. Where ingredients are not available or are out of stock our chefs will decide on suitable replacements to be used (for example red pepper substituted for green pepper). "Home-made" means created and cooked entirely from scratch by us. "Fresh" means not frozen or tinned. "(v)" Indicates a dish without meat or fish. If food colouring is used, we use it in line with "Food Additives (England) Regulations 2009".
(9) Portion Sizes We generally use standard 500ml takeaway containers for all dishes. We reserve the right to use other packaging, however portion sizes will be equivalent. Please note some dishes may settle during delivery.
(10) Liability We will not be liable for any claims, losses, including but not limited to direct, indirect, special, economic and consequential loss or damage (including but not limited to loss of profits, loss of revenue or loss of goodwill), whether in contract, negligence or other tortious action arising out of or in connection with the use of this site and material provided to you by email or other communication methods.
(11) Complaints / Requests “Branded Company” will endeavour to handle all complaints for you ASAP. Please address any complaints or requests to the contact details contained on this website.
(12) Viruses We do not warrant that this site is free of viruses or bugs or that this site is compatible with all computer systems and browsers.
(13) Cookies This site uses session cookies for the purpose of tracking your progress through the checkout process and holding your shopping cart contents. By using this site you consent to this cookie being placed on your computer and acknowledge that the site would otherwise not function accordingly.