Website usage Terms & Conditions and Privacy Policy
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern ManxDining.im’s relationship with you in relation to this website.
These terms and conditions and privacy policy apply to the entire contents of this website under domain name www.manxdining.im (‘Website’) and to any correspondence between us and you by whatever method including but not limited to e-mail, telephone or post. Please read these terms carefully before using this Website.
Using this Website indicates that you accept these terms and conditions and privacy policy and by any subsequent variation or amendment to them regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website.
Your Rights
- The right to be informed about how your personal information is being used (stated on this webpage).
- The right to access the personal information we hold about you (you can see most of it by selecting 'My Account' when you are logged in).
- The right to request the correction of inaccurate personal information we hold about you (you can do most of this under 'My Account').
- The right to request that we delete your data, or stop processing it or collecting it, in some circumstances.
- The right to stop direct marketing messages, which you can do under 'My Account', and to withdraw consent for other consent-based processing at any time.
- The right to request that we transfer or port elements of your data either to you or another service provider.
- The right to complain to your data protection regulator (Isle of Man Information Commissioner’s Office).
Website Usage Terms and Conditions
For the purposes of these terms and conditions:
The term ‘ManxDining.im’ or ‘us’ or ‘we’ refers to the owner and operator of the Website, ManxDining.im Limited, registered in Isle of Man with company registration number 126189C. The term ‘you’ or ‘your’ refers to the user or viewer of our Website.
‘Order’ shall mean any table booking or takeaway order for pick up or delivery made on the Website by you with a Restaurant.
‘Restaurant’ shall mean any restaurant or takeaway restaurant which are listed on the Website.
‘Restaurant Concerned’ shall mean any Restaurant with whom an Order is placed.
‘Takeaway Orders’ shall mean any takeaway order for pick up or delivery made on the Website by you with a Restaurant.
Unless the context otherwise requires words importing the singular include the plural and vice versa, words importing a gender include every gender and references to persons include corporations, partnerships and other unincorporated associations or bodies of persons.
1. Use of Website
1.1 By accessing any part of the Website, you shall be deemed to have accepted the terms and conditions and privacy policy in full. If you do not accept these terms and conditions in full, you must leave this Website immediately.
1.2 To use our service you must be over 18 years of age and be legally capable of entering into binding contracts. By accessing any part of this Website, you warrant to us that you are over 18 years of age and are legally capable of entering into binding contracts.
2. Relationship with restaurant and takeaway restaurant and liability
2.1 We act as a disclosed agent for the Restaurants.
2.2 Any contract for an Order will be a contract between you and the Restaurant Concerned.
2.3 As the contract is between you and the Restaurant Concerned any liability to you for an Order or any services supplied as a result of an Order will not be our responsibility but rather will be the sole responsibility of the Restaurant Concerned.
2.4 As the contract is between you and the Restaurant Concerned this will mean that there will be additional terms and conditions governing the contract as each Restaurant Concerned will have terms and conditions relating to the food or drinks or services they provide. We suggest that you read the Restaurant Concerned’s terms and conditions before you place an Order.
2.5 Any complaints or claims you may have regarding:-
2.5.1 an Order or
2.5.2 services as a result of an Order or
2.5.3 a Restaurant’s terms and conditions of business
should not be addressed to us but rather addressed to and resolved with the relevant Restaurant.
2.6 If you have any queries relating to an Order or want to cancel an Order with a Restaurant you must contact the Restaurant directly.
2.7 We may pass your essential booking details - name, phone number, delivery address (for deliveries) - to the Restaurant Concerned. The placing of an Order will constitute consent to us passing on such details.
3. Payment for Goods
3.1 When making a payment for an Order with a Restaurant the payment will go directly to the Restaurant Concerned.
3.2 Your credit card, debit card and PayPal account information is handled and stored securely by PayPal. We do not store this information. We accept no liability in respect of any inaccuracies in payments processed by PayPal or any other provider on our behalf.
4. Accounts and Registration
4.1 You may access most areas of this Website without registering your details with us.
4.2 Certain areas of this Website are only open to you if you register.
4.3 If you wish to place an Order with a Restaurant you will have to register with us.
4.4 We reserve the right to decline a registration or cancel your account without notice at any time.
4.5 You will be asked to create a password during the registration process. Responsibility for the security of any passwords rests with you.
4.6 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
4.7 If multiple accounts are registered by you, action may be taken against you which may include, but is not limited to, removal of accounts that we believe are duplicates and revoking vouchers that have been purchased through these accounts. If vouchers are revoked as a result of breach of these terms and conditions of business, we will not offer refunds.
4.8 You undertake to us that the details you give to us while using the Website are correct in particular that the credit or debit card you are using is your own and that there are sufficient funds to cover the costs of an Order.
5. Amendments
5.1 We may update these terms and conditions from time to time. You should check this Website from time to time to review the current terms and conditions of business, because they are binding upon you.
6. Intellectual Property Rights
6.1 This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.
6.2 Use of any material on this Website is prohibited and no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
6.3 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
6.4 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
7. Gift Vouchers
7.1 Our gift vouchers must be redeemed against Takeaway Orders on our Website in accordance with these terms and conditions.
7.2 Gift vouchers are not redeemable for cash and are not transferrable or assignable.
7.3 Any unused balance will be available under 'Vouchers' on our Website. If the order exceeds the amount of the gift voucher, the balance must be paid by credit/debit card or PayPal.
7.4 Gift vouchers and unused portions of gift vouchers expire one year from the date of issue. No gift voucher may be used after the date of its expiry.
7.5 Gift vouchers cannot be used to pay for gift vouchers.
7.6 We are not responsible if a gift voucher is lost, stolen, destroyed or used without permission.
8. Links
8.1 From time to time, this Website may also include links to other websites which are not under the control of us. We have no control over the nature, content and availability of those sites.
8.2 If you use these links, you leave this Website. We have not reviewed all of these third party websites and we do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and we shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such websites.
9. Miscellaneous
9.1 Every effort is made to keep the Website up and running smoothly. However, we take no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical or other issues beyond our control.
9.2 We do not make any warranty that the Website is free from infection by viruses or anything else that has contaminating or destructive properties.
9.3 We do not accept liability for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of the use of the Website or for any Order or service as a result of an Order.
9.4 The information contained in this Website is for your general information and use only. It is subject to change without notice. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, timeliness, performance, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose as such details are provided to us by the Restaurants. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Any claims you may have regarding information, products, services is not our responsibility but rather the sole responsibility of the Restaurant. Any reliance you place on such information is therefore strictly at your own risk.
9.5 In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website.
9.6 You agree that if you submit ratings, suggestions, comments or questions or post any other information on this site you grant us the non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology.
9.7 We take no responsibility and assumes no liability for any content posted or submitted by you or by other users. By sending or submitting information or material to us you warrant that any such information or material provided by you does not breach the intellectual property rights of any person and agree to indemnify us against claims of any kind arising from a breach by you of that warranty, including but not limited to legal fees on the indemnity basis.
9.8 Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It is your responsibility to ensure that any products, services or information available through this website meet your specific requirements.
10. Governing Law and Jurisdiction
10.1 Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of Isle of Man. Disputes arising in connection with this Website shall be subject to the exclusive jurisdiction of the Isle of Man Courts.
Privacy Policy
This privacy policy sets out how ManxDining.im Limited (“ManxDining.im) uses and protects any information that you give ManxDining.im when you use this website.
For the purposes of this Privacy Policy:
The term ‘ManxDining.im’ or ‘us’ or ‘we’ refers to the owner and operator of the Website ManxDining.im Limited, registered in Isle of Man with company registration number 126189C. The term ‘you’ or ‘your’ refers to the user or viewer of our Website.
‘Order’ shall mean any Restaurant booking or takeaway order made on the Website.
‘Restaurant’ shall mean any restaurant or takeaway restaurant on the Website with whom an Order is made or any restaurant or takeaway restaurant who are listed on the Website as the context may require.
‘Website’ means the entire contents of this website under domain name www.manxdining.im.
Unless the context otherwise requires words importing the singular include the plural and vice versa, words importing a gender include every gender and references to persons include corporations, partnerships and other unincorporated associations or bodies of persons.
ManxDining.im is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this Website, then you can be assured that it will only be used in accordance with this privacy statement.
ManxDining.im may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
By registering or placing an order on this site, you consent to the collection, use and transfer of your information under the terms of this policy.
What we collect
When you visit, register or place an Order on Manx.Dining.im you may be asked to provide certain information about yourself including:
- name.
- contact information including email address, delivery address and telephone number.
- credit or debit card information or PayPal account information - handled and stored for us securely by PayPal in order for us to process payments for our chargeable services. We do not store this information.
- demographic information such as postcode, and preferences.
- Booking/Order history.
We may also collect information about your usage of the Website as well as information about you from messages you post to the Website and email or letter you send to us and customer surveys or offers.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- For registering your account with ManxDinning.im.
- To allow for payment of an Order.
- To allow for processing of an Order (i.e. order confirmation emails).
- Internal record keeping.
- Responding to your queries.
- We may use the information to improve our products and services.
- If you subscribe to our newsletter we may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email. We may use the information to customise the website according to your interests.
Disclosure of your information
The information that you provide to us may be accessed by or given to our staff or carefully selected third party partners and providers as necessary for business administration, customer delivery, marketing and operational, analytical or other purposes as set out below.
ManxDining.im engages carefully selected third party partners, including but not limited to restaurants, takeaway restaurants, service provides and outsource providers to perform various functions on our behalf. To the extent required to perform such functions on our behalf, these companies may process your information. Such functions include, processing bookings and confirming reservations for an Order and providing associated information, delivering an Order, processing credit card payments.
As we act as disclosed agents for the Restaurants, we may pass essential booking details - name, phone number, delivery address (for deliveries) - to the Restaurant. The placing of an Order by you will constitute consent to us passing on such details.
If our business enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.
Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is used by third parties in accordance with this policy.
Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.
Links to other websites
Our Website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Financial information
Our customer's credit card, debit card and PayPal account information is handled and stored for us securely by PayPal in order for us to process payments for our chargeable services. We do not store this information.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Accessing and Updating
You may request details of personal information which we hold about you under the Data Protection Act 2018. If you would like a copy of the information held on you please contact us.
If you believe that any information we are holding on you is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any information found to be incorrect.
Keeping your information
We will keep your information for as long as you have your account, or as long as is needed to be able to provide the services to you.
Contact
All comments, queries and requests relating to our use of your information are welcomed and should be sent through the Contact Us page on our Website.
Data Protection Legislation
We are registered in accordance with the applicable Isle of Man data protection legislation.