Terms and Conditions for
Yettis Kitchen Online Services
Updated March 2021
By installing, accessing or using any websites, apps, email newsletters and subscriptions, and other digital properties that reference these terms (together, “online services”), you are entering into a binding agreement in respect of your use of the online services with Yettis Kitchen Restaurants Limited (“Yettis Kitchen”, “we”, “us” or “our”), in the United Kingdom. If you do not agree to these terms, you must not use our online services.
You should also review our Privacy Statement which describes how we collect, use and share information.
The online services are not intended to be used by, or targeted to, anyone under the age of 16 years old. You must be at least 16 years old to use the online services.
If you are under the age of 16, then you must immediately stop using the online services and request that Yettis Kitchen close any online services account that you have created. You can request account deletion through our My Yettis Kitchen app by heading to ‘More’ > ‘Profile’ and selecting ‘Delete Account’ or by contacting us using the Contact Us section on our website.
- About us and the online services.
About Yettis Kitchen. Yettis Kitchen Ltd (company number 09784325, controls and operates the online services from our 299 liverpool road eccles Manchester United Kingdom.
Availability of products and services. Yettis Kitchen products and services are available in many parts of the world. However, the online services may describe products and services that are not available worldwide.
Obey the rules of the road. Whenever you use the online services, you must obey the rules of the road and all applicable rules and regulations. If you are the driver of a vehicle or other mode of transport, make sure you are lawfully parked before using the online services. You must not use the online services while you are the driver of a moving, or stationary but not lawfully parked, vehicle or other mode of transport. In the interest of safety, you should always only use the online services when it is lawful and safe to do so.
You are responsible for your devices and accounts. You are responsible for any devices, software and services needed to use the online services. Yettis Kitchen does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and using only the authorised operating systems (e.g., Apple iOS for Apple devices). If you create an online services account (where applicable), you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and you must always keep your account information accurate. If you download or stream our online services onto a mobile device or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the mobile device or other device.
Closing your account
If you are a registered user of our mobile app, you can request account deletion by heading to ‘More’ > ‘Profile’ and selecting ‘Delete Account’. You can also request account deletion by contacting us using the Contact Us section on our website.
Yettis Kitchen right to update or terminate the online services. You understand and consent that (with or without notice) Yettis Kitchen may update, modify or terminate the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any app that you have installed on your device.
Information set out on the online services. The information made available through the online services is not intended to be legally binding and you should not consider it as a representation on any matter. Some restaurants do not sell all products. Differences may be due to your device’s display of colours or factors such as the ingredients used, the supplier, and the region of the country and the season of the year. As a result, the products described through the online services may not be identical to the product served in a restaurant.
Updates to these terms. Yettis Kitchen may also update these terms at any time and at its sole discretion. If Yettis Kitchen makes material changes to the terms, we will notify you by any reasonable means such as by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that Yettis Kitchen close any online services account that you have created (see ‘Closing your account’ above).
Independent businesses operate many restaurants. Whilst Yettis Kitchen operates and controls the online services, it is not responsible for the operation of all restaurants. Many restaurants are instead operated by independent franchisees of Yettis Kitchen. Each franchisee is independently responsible for its legal and regulatory compliance, for any issues relating to the supply of the products to you, and for any employment related matters in their restaurant. The full name and address of the restaurant operator can be found on your receipt.
Links to job opportunities from the online services. Yettis Kitchen and its franchisees are equal opportunity employers committed to diverse workforces. The online services may provide links to job opportunities posted by Yettis Kitchen or by its franchisees. This means that the business that posted the opportunity is alone responsible for setting the job requirements, all hiring decisions, and all other employment related matters in its business. Neither Yettis Kitchen nor its parent company control franchisees’ employment policies and practices. Neither Yettis Kitchen nor its parent company employ independent franchisees. If you are hired by a restaurant operated by a franchisee, only that franchisee, and not Yettis Kitchen or its parent company, will be your employer.
How to contact us. If you have any questions or comments regarding the online services, please see the Contact Us section on our website. You can also contact us through the My Yettis Kitchen app by going to the ‘More’ tab and selecting ‘Customer Service’. You can also write to us at: Yettis Kitchen 299 liverpool road Eccles Manchester M300QN.
Prize Promotions. If you enter any prize promotions featured on the online services, separate terms and conditions will apply for that prize promotion.
- Our information practices and communications with you.
Yettis Kitchen Privacy Statement. Our Privacy Statement describes our information practices, including how we collect, use and share your personal information. It also sets out rights that you have in respect of your personal information, including the right of access to, and right to request erasure of, your personal information.
How we communicate with you. Through the online services, you may opt in to receive marketing communications from us. When you opt-in to any of these types of communications, you understand and consent that you will receive marketing communications. Yettis Kitchen may also send you transactional and other service-related messages using the information you have provided to us in accordance with our Privacy Statement.
Opting-out of communications generally. You have a choice as to how we communicate with you. You can generally find your communication preferences with instructions on how to opt out in the ‘profile’ section of our My Yettis Kitchen app. You may also be able to change your communication preferences using your device settings (for example by turning off push notifications through your device settings). In addition, our communications may include the opportunity to opt out of marketing communications. You understand and agree that you may need to separately manage your communication preferences for each communication method and type of communication. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. Whilst we do our best to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for each online service. Please note that for some account-related and transactional communications, the only way to stop receiving these communications may be to close your online services account. Lastly, please note that if you are receiving communications from a Yettis Kitchen franchisee, then you will need to opt out from them directly.
- Sending orders to restaurants.
This section applies to your use of the My Yettis Kitchen app to send orders to restaurants that accept orders through the app (‘participating restaurants’). These terms do not form a part of the agreement between you and the applicable participating restaurant for your order (see ‘You purchase products directly from participating restaurants’ below for further information about your agreement with the applicable participating restaurant).
Please read this section before you send any orders to participating restaurants using the app. Please see the app FAQs for more information about ordering.
About the ordering functionality and eligibility.
- The ordering functionality on our website provides you with a convenient way of building orders for products that you can submit to a participating restaurant before you arrive at the participating restaurant.
- You must register an account in order to use the ordering functionality of our app. You may only purchase products using the website if you are at least 16 years old. Before you submit an order, you must register a credit card or debit card (either one, a “payment card”) to use with your orders. You can only submit orders to participating restaurants – not all restaurants choose to make their products available via ordering. You will need to enable location services on your device for the ordering function to work properly.
Building your order. Use the ‘Order’ tab in the My Yettis Kitchen app/website to select menu items and build your order. When you’re finished, select ‘Choose Payment’ to tell us how you want to pay for your order (but note you do not make your purchase and are not charged until you confirm your order – see ‘Confirming your order at a participating restaurant’ below for further information). After you’ve confirmed your payment method, you can head to any restaurant (see ‘Travelling to a participating restaurant’ below). Orders made must be collected in person or can be delivered from participating restaurants.
Travelling to a participating restaurant. When you are ready to collect your order, you can travel to any participating restaurant – it doesn’t need to be the same participating restaurant that you initially submitted your order to, but if you collect your order from a different participating restaurant please be aware that product availability and prices may vary (see ‘Updated order totals at check in’ for further information).
Confirming your order at a participating restaurant. Once you are at a participating restaurant, you can collect your order from inside the restaurant
Collecting from inside a participating restaurant: use the My Yettis Kitchen app to check in to the participating restaurant and select how you would like to receive your order (Eat In, Table Service or Takeaway, where available) and click the ‘Pay Now’ button.
Your order will then be prepared by the participating restaurant and made available to you for collection. For more information about payment, please see ‘Paying for your order’ below.
Registering your payment method and verifying transactions. Yettis Kitchen and the participating restaurants use third party providers to securely store your payment card information and process your payments to participating restaurants. You understand and agree that, when you register a payment card, Yettis Kitchen or its third-party providers may verify that the payment card you registered is valid. Participating restaurants may ask you for additional information in order to verify your purchase.
You purchase products directly from participating restaurants. When you use the ordering functionality on the My Yettis Kitchen app/website, you are submitting your order directly to a participating restaurant and the contract for your purchase of the products will be between you and the business which operates the participating restaurant that you collect your order from (see ‘Independent businesses operate many restaurants’ above for further information). That participating restaurant is responsible for preparing the products and providing them to you. All products and methods of collection are subject to availability at the participating restaurant where you collect your order.
Prices when building your order. The business operating each restaurant independently determines its own prices and the offers that it participates in, so prices may vary between participating restaurants and certain offers may not be available at the participating restaurant you have chosen. Prices include VAT at the current UK rate. If, when building your order, you select a different participating restaurant to the one that you collect your order from, you may be charged a different price to the one displayed to you via our app.
Updated order totals at check in. Updated order totals at order confirmation at a participating restaurant can result from changes in products, pricing, taxes or other fees required by law due to your arrival at a different participating restaurant than the participating restaurant that you originally selected when you built your order (see ‘About the prices in ordering’ above). Updated order totals can also result from the unavailability of certain products, changes in price, or other reasons.
Cancelling your order, refunds and your consumer rights. You can update or abandon your order at any time until you confirm your order at a participating restaurant (see ‘Confirming your order at a participating restaurant’ above). However, once you confirm your order at a participating restaurant, you cannot cancel your order. If you wish to seek a refund for any reason, including if the products are unsatisfactory or for other reasons, please contact Customer Services (see ‘How to contact us’ above). Your legal rights are not affected by anything in these terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau.
Food ingredients and allergens. Restaurants produce food in kitchens where allergens are handled by restaurant staff, and where equipment and utensils are used for multiple menu items, including those containing allergens. Although your meal is prepared with care, neither we nor any restaurant can guarantee it will be allergen free, even after ingredients have been removed on request. You can view ingredients, including allergens and nutritional information, under the Nutritional Information section per product within our online services including the app and also on our website.
You may have the possibility of receiving offers through the online services. The following general terms apply to the offers: (1) the offer may only be available through that particular online service and for the product shown and subject to availability, in restaurants that participate in the offer only, and until the expiration date; (2) serving times apply (e.g., certain non-breakfast offers may not be available at breakfast serving times); (3) unless otherwise stated each offer expires on redemption; (4) only one offer can be used per transaction; (5) offers are not transferable; and (6) there is no cash alternative. In addition, there may be specific terms that apply to the offer which are set out next to the offer.
- Ownership and Licenses for the online services.
Yettis Kitchen intellectual property ownership. Any and all rights in the online services are and shall remain the exclusive property of Yettis Kitchen or its licensors. For purposes of clarity, “online services” includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, digital downloads, data compilations, software, trade marks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with Yettis Kitchen or its licensors’ rights.
Your license to use the online services. Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes solely in accordance with these terms. For purposes of clarity, “use” includes accessing, interacting with, and displaying. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. Yettis Kitchen reserves all other rights.
Trade mark information. Trade marks, service marks, trading names, logos, and all graphical elements, including the look and feel appearing on the online services, whether registered or unregistered, are distinctive and protected trade marks or trade dress of Yettis Kitchen or licensors. The online services may also contain various third-party names, trade marks, and service marks that are the property of their respective owners. Nothing in these terms may be interpreted as granting any licence or right to use any of these trade marks or other types of right without our written permission beforehand, or the written permission of the third-party owner of such right.
- User submissions and unsolicited ideas
User submissions. Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to Yettis Kitchen through the online services (together, “submissions”). You understand that, by submitting any information to Yettis Kitchen through the online services, you grant Yettis Kitchen a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. Unless required by law, Yettis Kitchen will not be required to treat any submissions as confidential.
Unsolicited ideas. It is Yettis Kitchen policy not to consider unsolicited ideas. While we appreciate you taking the time to consider Yettis Kitchen, we’re unable to review new ideas from outside the Yettis Kitchen system. You expressly waive any and all claims against Yettis Kitchen and its licensees in connection with Yettis Kitchen and/or its licensees’ consideration, use or development of any product, design, concept or other materials similar or identical to your submission now or in the future.
- Intellectual Property Rights
All intellectual property rights on or relating to our online services belong to Yettis Kitchen or its licensors and the rights on our online services are licensed (not sold) to you. You have no intellectual property rights in, or to, the online services other than the rights to use them in accordance with these terms.
- Acceptable uses and restrictions for the online services.
Acceptable uses and other restrictions. With respect to the online services (which includes content), you may not, and may not allow third parties, to:
- a) Use the online services for any purpose that is unlawful or prohibited by these terms;
- b) Delete or change any copyright, trade mark, or other proprietary notices;
- c) Attempt to obtain ownership or title to the online services, including the content;
- d) Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
- e) Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services;
- f) Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;
- g) Transfer, provide, export or re-export the online services in violations of an embargo, trade sanction, or other technology control or export laws and regulations;
- h) Use or launch any unauthorised technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;
- i) Attempt to disable, damage, overburden, impair or gain unauthorised access to the online services, Yettis Kitchen network or any user accounts associated with the online services.
- Limitations on liability and disclaimers.
Nothing in these terms in any way excludes or limits our liability for:
- death or personal injury caused by our negligence
- fraud or fraudulent misrepresentation
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession)
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or
- defective products under the Consumer Protection Act 1987.
Limitations on Yettis Kitchen liability. Yettis Kitchen SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR BUSINESS DAMAGE (INCLUDING LOSS OF OPPORTUNITY), SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH THE ONLINE SERVICES. Yettis Kitchen reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.
If we are liable to you in relation to your use of our online services (whether in contract, tort (including negligence) or otherwise, our maximum liability to you will be £50. We shall not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time that you used our online services.
The online services are provided to you for domestic and private use only. You agree not to use the online services for any commercial, business or resale purposes, and we shall not have any liability to you for any loss that you suffer as a result of any such use.
Yettis Kitchen provides the online services “AS-IS” and without any warranties. The online services may include inaccuracies or errors. Yettis Kitchen PROVIDES THE ONLINE SERVICES “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. Yettis Kitchen DISCLAIMS ALL WARRANTIES OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Yettis Kitchen DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE ONLINE SERVICES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE ONLINE SERVICES. NEITHER WE NOR ANY OTHER PERSON OR ORGANISATION INVOLVED IN PRODUCING OR DELIVERING THE ONLINE SERVICES ARE RESPONSIBLE FOR, NOR SHALL BE LIABLE (TO THE FULLEST EXTENT PERMITTED BY LAW) FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOU ACCESSING, USING OR BROWSING THE SITE OR DOWNLOADING ANY CONTENT FROM THE ONLINE SERVICES. YOUR SOLE REMEDY AGAINST Yettis Kitchen FOR DISSATISFACTION WITH THE ONLINE SERVICES IS TO STOP USING THEM. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND US.
Third party services. The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their own separate terms and conditions or privacy policies that you should review and understand before using them. Yettis Kitchen does not endorse and is not associated with any of these third party services. Yettis Kitchen HAS NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES ARISING FROM OR RELATED TO THESE THIRD-PARTY SERVICES.
Events beyond our control. Yettis Kitchen HAS NO RESPONSIBILITY FOR Yettis Kitchen FAILURE TO PERFORM ANY OF ITS OBLIGATIONS UNDER THESE TERMS CAUSED BY OR RELATED TO ANY EVENT BEYOND Yettis Kitchen REASONABLE CONTROL. If such an event occurs, then Yettis Kitchen obligations under these terms will be suspended for the duration of the event; and Yettis Kitchen may, but is not required to, use reasonable endeavours to find a solution by which its obligations under these terms may be performed despite the event.
- Apple and Android (Google) Applications
If you are using an iOS app: These terms incorporate and supplement the Apple, Inc. (“Apple”) Media Services Terms and Conditions (available at http://www.apple.com/legal/internet-services/itunes/), including the Licensed Application End User terms therein (“Apple terms”). If you are using the online services through one of our iOS apps (“Apple Application”), you also acknowledge and agree:
- Apple has no obligation at all to provide any support or maintenance services in relation to the Apple Application. If you have any maintenance or support questions in relation to the Apple Application, please contact Yettis Kitchen, not Apple, using the Contact Us section on our website;
- except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Apple Application are between you and Yettis Kitchen (and not between you, or anyone else, and Apple); and
- in the event of any claim by a third party that your possession or use (in accordance with these terms) of the Apple Application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim.
If the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which may refund the purchase price of the Apple Application (if applicable) to you subject to then-current Apple terms and conditions. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Application or relying on any of its content.
If you are using an Android (Google) app: These terms incorporate and supplement the Google Play Terms of Service (available at https://play.google.com/intl/en_uk/about/play-terms/index.html).
- Yettis Kitchen makes no representation that the online services are appropriate or available outside of the United Kingdom. If you use the online services from other locations, you are responsible for compliance with applicable local laws.
- These terms will be governed and interpreted pursuant to English law, notwithstanding any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the courts in England and Wales for purposes of any legal action arising out of or related to these terms or the online services.
- Although these terms govern the online services as between Yettis Kitchen and you only (and although Apple is not a party to these terms), Apple is a third party beneficiary under these terms and will have the right to enforce against you those rights that Yettis Kitchen holds under these terms to the extent such terms may pertain to them; there are no other third beneficiaries under these terms.
- The terms are written in English.
- On termination of these terms or of your permission to use the online services, all rights granted to you under these terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all rights of Yettis Kitchen, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well as all restrictions on use, all limitations on liability and disclaimers.
- Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
- If Yettis Kitchen fails to insist that you perform any of your obligations under these terms, or if Yettis Kitchen does not enforce its rights against you, or delays in doing so, that will not mean that Yettis Kitchen has waived its rights against you and will not mean that you do not have to comply with those obligations.
- Yettis Kitchen may transfer its rights and obligations under these terms to another organisation or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if Yettis Kitchen agrees in writing.