Terms and Conditions for HearthWay Couriers

Welcome to HearthWay Couriers. These Terms and Conditions ("Terms") govern your access to and use of our online platform, services, and applications (collectively, the "Service"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use our Service.

1. Definitions

2. Eligibility

You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

3. Use of the Service

3.1 Account Registration

To use certain features of the Service, such as placing orders or managing subscriptions, you may be required to register for an account. You agree to provide accurate, complete, and current information during the registration process and to update such information to keep it accurate, complete, and current. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.2 Permitted Use

The Service is provided for your personal, non-commercial use only. You agree not to use the Service for any illegal or unauthorized purpose, or in any way that violates these Terms.

3.3 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

4. Orders, Payments, and Deliveries

4.1 Order Placement

When you place an order through our Service, you are offering to purchase the items listed in your order from the selected Partner Restaurant. All orders are subject to availability and confirmation by the Partner Restaurant.

4.2 Pricing and Payment

Prices for menu items and delivery fees are displayed on our platform. All prices include applicable taxes where required. Payment must be made at the time of order placement through the payment methods available on the Service. You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred.

4.3 Delivery

We strive to provide efficient and timely deliveries. Our real-time order tracking allows you to monitor your order's progress. Delivery times are estimates and may vary due to factors outside of our control, such as traffic, weather, and Partner Restaurant capacity. We offer contactless delivery options where available. It is your responsibility to ensure that accurate delivery information is provided. HearthWay Couriers is not responsible for failed deliveries due to incorrect or incomplete addresses.

4.4 Cancellations and Refunds

Cancellation policies vary depending on the Partner Restaurant and the status of your order. Generally, orders cannot be cancelled once they have been accepted by the Partner Restaurant and preparation has begun. For specific cancellation and refund requests, please contact our customer support. Refunds, if applicable, will be processed in accordance with our refund policy.

5. Intellectual Property

All content on our online platform, including but not limited to text, graphics, logos, images, software, and the compilation thereof, is the property of HearthWay Couriers or its content suppliers and protected by copyright and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service without our prior written consent.

6. Disclaimers and Limitation of Liability

6.1 Service "As Is"

The Service is provided on an "as is" and "as available" basis. HearthWay Couriers makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials, or products included on the Service.

6.2 Limitation of Liability

To the fullest extent permitted by law, HearthWay Couriers, its affiliates, directors, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

7. Indemnification

You agree to defend, indemnify, and hold harmless HearthWay Couriers and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) content posted on the Service.

8. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Any dispute arising out of or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in England.

9. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

10. Contact Us

If you have any questions about these Terms, please contact us: