Introduction

Access to, use of, placing of an order, linking to the Flipdish Platform, use of software or downloading software ("access") is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Flipdish Platform (“Terms of use”).

Your Access to the Flipdish Platform constitutes your agreement to be bound by the Terms of Use and constitute a legally binding agreement ("Agreement") between you, Flipdish and the Store relating to the service available on this Website (the “Service”). We reserve the right to update or amend the Terms of Use, the Agreement, including Flipdish Policies, at any time. Your continued use of the Flipdish Platform will mean that you agree to the amended Terms of Use. If you do not agree to these Terms of Use (as amended from time to time), please do not use the Service on this Website. You agree that you will review this Agreement periodically and that your continued use of the Service demonstrates your acceptance of the updated Terms of Use.

This is a limited offering by the Store to be fulfilled from our Cornelscourt Store and is subject to availability. The Service is only available in respect of a minimum order amount of at least EUR20. The Service is only available in respect of a selected range of products as detailed on this Website. Furthermore, you will not be able to use your Valueclub Terms and Conditions or Dunnes Stores Shop and Save vouchers or avail of other Dunnes Stores vouchers or other promotions in connection with this Service.

The Terms of Use of the Flipdish Platform do not affect your statutory rights as a consumer.

Definitions:

"You", "Your", “User” means the person using this Flipdish Platform and subject to these Terms of Use.

"Flipdish Platform" means our mobile applications and/or websites and/or APIs, including this Website.

"Flipdish", "We", "Us", or "Our" means Flipdish which is the trading name for FLIPDISH LIMITED an Irish company registered in Ireland under company number 555703 and having its registered offices at Parkfield House, Mount Anville Road, Goatstown, Dublin 14

The "Store" refers to Dunnes Stores Unlimited Company, an unlimited company duly incorporated under the laws of Ireland, having registration number of 317228 and registered office at 46-50 South Great Georges Street, Dublin 2, Ireland. Dunnes Stores Unlimited Company registered VAT number is 6337228N or GB 434164958 in the United Kingdom.

Website means this website.

Our Purpose

We provide a way for you to communicate your orders ("Orders") for products ("Products") for delivery or takeaway to stores displayed on the Flipdish Platform (including the Store on this Website.

The purpose of this Flipdish Platform is to provide a simple, convenient and cost-effective service to users, linking them to stores in their area that offer food for delivery or collection. Interactive menus allow customers to build and submit orders.

We also provide products and services to stores to help them market and manage their store.

Limitation of Liability

While the Store tries to ensure that all details, descriptions and prices which appear on this Website or in our promotional material are accurate, the website and promotional material may contain inaccuracies, typographical errors or other errors (including, without limitation, out-of-date information regarding pricing, shipping, payment terms, or return policies) and may not always be complete or current.

The Store reserves the right to correct any errors, inaccuracies or omissions and to change or update materials or content including by the withdrawal or replacement any product(s) at any time without prior notice.

To the extent permitted by law, Flipdish and the Store provide this Flipdish Platform (including this Website) and content on an "as-is" and "as available" basis and neither Flipdish nor the Store makes any representation or warranty of any kind, express or implied, regarding the content or availability of this Flipdish Platform, or that it will be timely or error-free, that defects will be corrected, or that the Flipdish Platform or server that makes it available are free of viruses or other harmful components.

Neither Flipdish, the Store nor any of their respective group companies, directors, officers, agents, employees or contractors shall have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from the use or inability to use this Flipdish Platform and/or arising from withdrawal of any product from this Website, removing or editing any materials or content on this Website or the Store or Flipdish declining or refusing to process or accept or complete an order after it has been received.

Flipdish will not be held responsible for the food, drink or product delivered by partner stores. We are an intermediary that helps users to communicate their orders. We hold no responsibility for errors made leading to personal harm, injury, allergic reactions, or death. As much as we try to ensure that our partner stores maintain the highest standards possible, the nature of our business means that we cannot be held responsible for the quality of the product and this is the sole responsibility of the individual stores to the extent provided for in these Terms of Use.

The Store warrants to you that any product purchased from it is of satisfactory quality and reasonably fit for all of the purposes for which products of the kind are commonly supplied. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, the Store disclaims all other warranties of any kind, whether express or implied, in relation to the products.

The Store’s liability in connection with any product purchased through the Website is strictly limited to the purchase price of that product. Nothing in this clause will affect your statutory rights as a consumer or your contract cancellation rights

Nothing in these terms shall exclude or limits either party’s liability for death or personal injury resulting from our negligence or that of our agents or employees.

Intellectual Property

You may not republish, display, modify, broadcast, print, copy, reproduce, download, transmit or re-use the materials from this Flipdish Platform for anything other than personal, non-commercial use, including in particular any purpose which publicly re-sells or re-uses the materials, without the prior written consent of the copyright holder.

All copyright, trademarks and other intellectual property rights in this Flipdish Platform and its content (including without limitation the Flipdish Platform design, text, graphics, logos, icons, images and all software, databases and source code connected with the Flipdish Platform) are owned by or licensed to Flipdish or otherwise used by Flipdish as permitted by law.

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this website are in no way associated, linked or affiliated with Flipdish or the Store and you should not rely on the existence of such a connection or affiliation. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Flipdish or the Store.

Flipdish is a trade mark of Flipdish Ltd. Trading as Flipdish.

Indemnity

You indemnify and hold harmless Flipdish, the Store, their respective group companies and respective directors, officers, employees, agents, vendors, advertisers, partners and suppliers and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from your Access to and use of this Flipdish Platform, any breach or violation of the Terms of Use of this Flipdish Platform or your violation of any law or your violation of the rights of any third party.

Availability

This Flipdish Platform may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavor to notify customers in advance of any service unavailability, this cannot be guaranteed, and we reserve the right to alter or withdraw the Service at any time.

Use of data

You must read and understand the Privacy Policy before continuing to use the Flipdish platform.

Should you enter your credit card details, these details are stored securely with Stripe. Neither the Store nor Flipdish have access to your credit card number, with the exception of the last 4 digits of your card number and expiry date which is used to identify cards and orders. Flipdish manages the online ordering platform of hundreds of stores. To ensure an optimal user experience, Flipdish do not require you to enter your details (such as name, address, payment information etc) separately for every store that you order from. Instead, Flipdish securely stores this data and allows you to share it with the Store by placing an order with the Store. Flipdish does not share your ordering history across stores. To allow identification of the card used to pay for an order, the last 4 digits of the credit card used to pay for the order will be shared with the Store. Your mobile phone number, name and address will also be shared with the Store should you place an order with the Store. Depending on your device and settings your location and IP address will also be shared with the Store. By using the Flipdish platform, you agree to allow Flipdish to share your data with the Store in this manner. For the avoidance of doubt, these terms do not apply to users who do not use the Flipdish platform for any reason other than opting out of FPM (Flipdish Phone Marketing).

The Store will use the details you provide to them for the purposes of transacting with you and only in accordance with its privacy statement which explains how the Store collects, stores and uses personal data about you when you access shop with them via the Website. These terms will apply regardless of how the Website is accessed and will cover any technologies or devices by which the Website is made available to you. Further details can be found at Dunnes Stores Privacy Statement: https://www.dunnesstores.com/content/privacy-policy

Third Party Sites

This Flipdish Platform may contain links to other websites. Those websites are not under the control of Flipdish, the Store and we are not responsible for the practices, content or availability of such websites. A link does not imply endorsement of, sponsorship of, or affiliation with the linked site. We provide the links as a convenience only. If you decide to access linked third party websites, you do so at your own risk and subject to the terms and conditions of use of those sites, and we will not be held responsible or liable for any loss or damages caused by use of or reliance on any contents, goods or services available on such websites.

You may provide a non-framed link to this Flipdish Platform or website from any other business or service website but not in any way which gives the impression that we are associated with or have approved such other site, unless expressly agreed to by ourselves in writing.

Limitations of Use

This Flipdish Platform is intended to be accessed by persons located in the Ireland and we make no representation that any information, materials or functions included in this Flipdish Platform are appropriate for use in any other jurisdiction.

By using this Flipdish Platform and placing an order, you warrant that any personal information and details provided by you are true, accurate, current and complete in all respects, that you are an authorised user of the credit or debit card used to place your order, that your order is for personal use only and that there are sufficient funds to cover the cost of the products. You will notify us immediately of any changes to your personal information by updating your member profile on the Flipdish Platform or by contacting us at [email protected]

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

To use our service, you must be and warrant that you are over 18 years of age, resident and with a delivery address within our delivery zones in the Republic of Ireland and possess a valid credit or debit card issued by a bank acceptable to us.

You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.

You may not use the Flipdish Platform for any unlawful or unauthorised purpose, including without limitation:

1. transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice.

2. Interfering with any other persons use or enjoyment of the Flipdish Platform.

3. Damaging, disabling or impairing the operation of this Flipdish Platform or attempting to gain unauthorised access to this Flipdish Platform or to networks connected to it, through hacking, spoofing or other such similar means.

4. distributing any unlawful, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material.

You may not access the services, use the app or website if you are our direct competitor, or an agent of a direct competitor of Flipdish or the Store, except with our express prior written consent. In addition, you may not access the Service or use the app or website for the purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

User Submissions

We do not solicit nor wish to receive any confidential, proprietary information, creative materials, ideas or suggestions from you other than those we specifically request.

If you do send to us by email or otherwise, any communication or material, you represent and warrant that the information and material is original to you, and you will be deemed to have granted us a perpetual, world-wide, royalty-free license to use such communications or material in any way we see fit and we will be free to use any such material or information contained in communications you send for any purpose whatsoever.

Questions and complaints

All questions regarding goods shown or the Service or returns on this Flipdish Platform should be directed to the partner Store:

[email protected] or contact the Store from 8am to 7pm Monday to Friday or from 10am to 6pm on Saturday and Sunday on one of the below numbers.

• Dublin: 01 902 0309

• Republic of Ireland: 1890 25 3185

If you have a complaint about Dunnes Stores, please contact our Customer Service team here:

• via email here ([email protected])

• via post to Dunnes Stores Customer Service, 46-50 South Great Georges Street, Dublin 2.

Orders

Please note that when we say your order has been ‘confirmed’ within the Flipdish Platform this means that we have acknowledged the order you have placed where you have offered to purchase the selected product(s) from the Store, subject to these terms, and the Store still has the right to decline the order or decline to sell any product you have ordered without giving any reason and without any liability to you.

When you have placed your order, you will receive an email from the Store acknowledging that the Store has received your order including details of the products selected and the price. Please note that this does not mean that your order has been accepted. All orders are subject to availability including in the event of supply difficulties or because products are no longer in stock. In addition, customer quotas apply in respect of certain products.

Acceptance of your order and the contract for the sale will only occur when the Store has delivered your order to the delivery address detailed in your order.

If the Store is unable to accept or deliver your order in whole or in part due to unavailability or otherwise, you will either receive an email/SMS/phone call or other notification stating that your order has been declined (in whole or in part).and, where payment has been taken, a refund will be processed. No substitute products will be offered.

All food preparation and deliveries are the sole responsibility of the Store accepting the order subject to these Terms of Use.

It is the responsibility of the customer to thoroughly check the supplied goods before accepting an order.

Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address and contact telephone number when ordering.

It is your responsibility to keep your phone secure. You agree to be responsible for orders and charges made via your phone and/or via your account. Tips paid on orders with a partner Store will be shared equally between the partner Store staff and Flipdish.

Communication

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering products via the Website, you accept that communication with us will be mainly electronic. We or our partner stores will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we or our partner stores provide to you electronically comply with any legal requirement that such communications be in writing. We reserve the right to contact you at any time via, and not limited to, SMS, push notifications, phone call, email and post for marketing purposes provided you have consented to such contact. Consent to this may be withdrawn at any time by unchecking the “Receive Promotions” checkbox on the website or app. This term does not affect your statutory rights.

Alcohol and Cigarettes

Orders containing either alcohol or cigarettes cannot be accepted from persons under the age legal age of purchase in their resident country. You agree to not place orders for any items that are not legal for you to purchase.

Payment & Delivery

If you have chosen to pay with credit or debit card or other electronic payment method on the Flipdish Platform, then the transaction is processed by Flipdish. All order and payments are subject to validation checks and authorisation by your card issuer and full payment must be received before an order is dispatched. If your card issuer fails to authorise the payment, you may not be able to proceed with your order and we may not be able to form a contract with you.

Prices are subject to change and all goods are subject to availability. The price you will be charged for a product you have ordered will be the price at the time your order is confirmed on this Website. Because the prices of products may change frequently, this may not be the price at which the product was originally displayed on the Website or in promotional material.

The prices advertised include VAT but exclude delivery costs at the rate of EUR3.00 for all orders under EUR50, which will be added to the total amount. Orders of €50 and over currently qualify for free delivery, however the Store reserves the right to amend or cancel this offer at any time. One delivery charge applies for your order, regardless of how many products you purchase. Products will only be delivered to an adult aged 18 years or over. If the Store attempts to deliver your order to the delivery address as arranged with you but there is nobody at the delivery address over the age of 18 to accept your order, the products may be retained by the driver. In this case, you will need to contact the Store’s Customer Service Centre to re-arrange delivery (details above).

To comply with social distancing measures, we will deliver your order to the main entrance of the delivery address, where it is safe to do so, or otherwise as near as practicable to that entrance.

Dispatch times may vary and times are not guaranteed and may be subject to delays arising, including in the case of force majeure, for which we will not be responsible.

Any products ordered will be at your risk from the time of delivery. Ownership of the products will only pass to you when the Store receives full payment of all sums due in respect of your order (including where applicable delivery charge), or upon delivery, whichever is latest.

Once your order has been accepted, this represents an agreement between you, the user and the Store. The Store has sole responsibility for this order subject to these Terms.

Additional Costs

You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

Cancellation

You have the right to cancel an order up to the point the order is sent to the Store. This is normally within 10 seconds from the point at which you placed the order within the Flipdish Platform. Your offer will then remain open until it is accepted by the Store.

While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information.

An order may be subsequently cancelled by a Store after you have received a notification stating the order has been accepted. Flipdish and our partner Stores reserve the right to cancel any order, before or after acceptance, and will notify you of any such cancellation.

If you are contracting at a distance as a consumer and are an EU resident, the EU Consumer Rights Directive provides that you may cancel a contract at any time within 14 days, beginning on the day after you received the products.

If you have purchased products (other than perishable goods) online and if you decide to cancel your order, a template cancellation form is available here: https://dunnes.btxmedia.com/pws/client/pdf/model-cancellation%20form-Dunnes_Stores.pdf

. Alternatively, you can email Customer Services [email protected] stating your wish to cancel your contract and quoting your order reference number.

Or you can inform us in writing at the following postal address:

Customer Service,

Dunnes Stores,

46-50 South Great Georges Street,

Dublin 2,

Ireland.

You must return the products (together with evidence of purchase) to the Store at your cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession and you will be responsible for any diminished value of the products resulting from the handling of the products beyond that necessary to establish their nature, characteristics and functioning.

If you fail to inform the Store within the 14 day period, you will not have a right to cancel the contract and return the products. This does not affect your statutory rights and you may still be able to return products under the Store’s General Refund Policy.

Returns

Except for perishable goods, refunds or in store exchanges may be given within 28 days from the date of purchase for products of saleable quality returned in the original saleable condition, in their original packaging, with swing tickets/barcodes attached and with the relevant receipt.

For perishable products, we ask you do this as soon as possible and in any event no later than 2 days after the date of delivery. Refunds are processed to the original form of payment used when paying for the order. If products received as a 'gift' (recipient is not the purchaser) are returned for refund, the refund will be processed back to the original form of payment used when ordering.

Refunds/exchanges cannot be given (save as otherwise provided) on:

• Perishable goods, fresh food and hampers containing perishable products.

• Personal grooming products or cosmetics (for hygiene reasons if seal opened/removed after delivery)

• Other sealed goods which are not suitable for return for health protection and hygiene reasons and which were unsealed after delivery.

Faulty/incorrect products received

In the unlikely event that you have received the wrong products from the Store or that the products are faulty or damaged in any way, please contact our Customer Service team (details above).

Restrictions on refunds do not apply in respect of damaged or incorrectly supplied goods where your statutory rights are unaffected.

If your order was delivered, you may either (1) hand any damaged products back to the driver at the time of delivery and contact the store by phone in order that the refund can be processed or (2) return to the Store (with proof of purchase) for a refund or exchange.

Customer Ratings

The ratings shown on the Flipdish Platform are the opinion of customers only. They do not represent Flipdish’s own opinions.

Termination

Flipdish reserves the right to decline a new registration, terminate your right to link to the Flipdish Platform, remove you as a user of this Flipdish Platform, and/or prevent any further use if you violate any of the Terms of Use. If we consider there to be a risk of liability or loss to us or our partner Stores we may take any action deemed necessary to prevent such a liability or loss from occurring.

If we terminate your right to link to the Flipdish Platform you must cease linking to the Flipdish Platform immediately. Any person who holds a suspended or terminated membership must not order from or re-join this Flipdish Platform without our prior written consent. We and our partner Stores reserve the right to assign or sub-contract any or all of our rights and obligations under these terms. You may not assign, sub-license, sub-contract or otherwise transfer any of your rights or obligations under these Terms of Use.

Please note that we have the ability to trace your IP address, and if necessary, contact your ISP (or any other relevant service provider) in the event of a suspected breach of these Terms of Use.

Enforceability

If any part of these Terms of Use are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of these Terms of Use.

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision. No waiver shall be effective unless signed in writing.

We shall not be liable for any breach of these terms and conditions caused by circumstances beyond our control.

In no circumstances will the Flipdish or Store liability to you in connection with any order exceed the total price charged for the relevant products.

Governing Law

The Terms of Use, Privacy Policy and any matter relating to this Flipdish Platform shall be governed by Irish law and any dispute shall be resolved exclusively in the courts of Ireland.

Contact

All comments, questions and requests relating to your information are welcomed and should be addressed to [email protected]

Please view our Privacy Policy here