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University of Exeter, Eat & Shop Order & Pay Application and Website
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Last Updated:
September 2020
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General Information
This page (together with the documents referred to in it)
tells you the terms (the “Terms”) which apply when you order any menu
items (the "Items") from eatandshop
website or mobile applications and related services (each referred to as an “Application”).
Please read these Terms carefully before creating a https://exeteruni.mcr-symphony.net
account or using our Application. If you have any questions relating to these
Terms please contact support at csmarketing@exeter.ac.uk
If you are a consumer, you have certain
legal rights when you order Items using our Application. You can find more
information about these rights at: https://www.citizensadvice.org.uk/consumer/.
Your legal rights are not affected by these Terms, which apply in addition to
them and do not replace them. By setting up your account, you confirm that
you accept these Terms.
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1. Information About Us
https://exeteruni.mcr-symphony.net is a site operated
by the University of Exeter (we). We are a Higher Education Institution
established under Royal Charter no RC00653 and with our registered office at
Northcote House, The Queen’s Drive, Exeter, EX4 4QJ. Our VAT number is GB
142047795. We are regulated by HEFCE.
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2. Your Account
Before you can place orders for Items using our Application,
you need to open an eatrandshop account. When you open an account
you may create a password, or other secure login method, and will need to
provide credit/debit card details. You must keep any password you create, or
other secure login method, secret, and prevent others from accessing your email
account or mobile phone. If another person uses these methods to access your
account, you will be responsible to pay for any Items they order, and we are
not responsible for any other losses you suffer, unless the person using your
password obtained it because we did not keep it secure.
You may close your account at any time by requesting to do
so in your account section of our website or contacting us using the contact
details above. We may suspend your access to your account, or close it
permanently, if we believe that your account has been used by someone else. We
may also close your account if in our opinion you are abusing our Service (for
example, by applying for refunds or credit to which we do not consider you are
entitled, making repeated unreasonable complaints, mistreating our staff or delivery
personnel, or any other good reason). If we close your account permanently we
will refund any remaining account credit you have validly obtained from our
customer service team or Application following any issue with an order, by
applying a credit to your registered credit card, or if that is not possible
for any reason, by way of a bank transfer using bank details (provided you have
supplied them to us).
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2.1. Saving a Payment Card to Your Account
The online ordering solution allows users to store their payment card details for faster checkout on future transactions. Your card will have a Pre-Authorisation transaction of £1 to validate the detail, however, this transaction will not be processed. The £1 will be ringfenced by your bank for a period of between 3 and 10 days, after which the £1 will be available within your account again.
Please note, that where payment card details are not stored, a £1 card validation amount will be ringfenced for each transaction, and will be available back in your account after a period of 3 to 10 days
In order to maintain PCI Compliance, your full card details are tokenised by MasterCard Payment Gateway Services and are never visible to University of Exeter, its staff or service providers.
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3. Orders
When you place an order through our Application, it needs to
be accepted by us before it is confirmed. We will send you a notification if
your order has been accepted (the "Confirmation Notice").
The contract for the supply of any Item you have ordered comes into existence
when we send the Confirmation Notice. You are responsible for
paying for all Items ordered using your account, and for related
delivery charges, and for complying with these Terms, even if you have ordered
the Item for someone else. All Items are subject to availability.
The University of Exeter may use nuts or other allergens in
the preparation of certain meals should you wish to discuss your allergen
requirements contact the restaurant prior to ordering if you have an allergy. The
University of Exeter cannot guarantee that any of the Items sold are free of
allergens as all items are made in a kitchen that has allergens.
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4. Availability Delivery
When you
place an order you may have the choice to place it as
a collection or delivery to a set destination. You will choose a designated
delivery timeslot therefore you must be available to accept delivery, we will
advise you of the time when the Item is expected to be delivered; you must be
available to accept delivery for ten minutes before and ten minutes after that
time. We will ask for a mobile contact number, and may
use this in the event that we need to contact you when delivering.
Unfortunately,
despite our, best efforts, things do not always go to plan and factors such as
traffic and weather conditions may prevent us from delivering your Item on
time. If your order is more than 15 minutes late, and we haven’t notified you
giving you the option to cancel your order, we will work with you to make
things right unless you have caused the delay.
You will
still be charged for the Item and for delivery in the event of a failed
delivery if you have caused such failure for any reason. Reasons you might
cause a delivery to fail include (but are not limited to):
- You do not arrive to collect your order in the
designated time slot or delivery location
- The delivery team refuses to deliver the Item to
you in accordance with section 6 (Age Restricted Products)
Should you
not arrive on time to take delivery of your products these will be returned to our outlets, where perishable food is
ordered we will keep the item whilst it is safe to do so after which time it
will be disposed of if you do not collect the item in person. You will still be
charged the full amount of the uncollected perishable goods.
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5. Your Rights if Something is Wrong With Your Items
You have a legal right to receive goods which comply with
their description, which are of satisfactory quality and which comply with any
specific requirements you tell us about (and we agree to) before you place your
order. If you believe that the Items you have collected or been delivered do
not comply with these legal rights, please let us know. We may request a
photograph showing the problem if it is something that can be seen by
inspecting the Items. We will provide a refund or account credit in respect of
the affected part of the Item, and also in respect of delivery if the whole
order was affected, unless we have reasonable cause to believe that the problem
was caused after delivery.
Prior to processing your refund or account credit, we may take into account relevant factors including the details of
the order, including your account history or what happened on delivery.
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6. Age Restricted Products
Age restricted products (alcohol) can only be sold and
delivered to persons aged 18 or over. By placing an order for an age restricted
product, you confirm that you are at least 18 years old. The University of
Exeter operates an age verification policy whereby customers ordering age
restricted products will be asked by the delivery driver or member of staff to
provide proof that they are aged 18 or over before the delivery is completed.
The delivery driver or member of staff may refuse to deliver any age restricted
product to any person unless they can provide valid photo ID proving that they
are aged 18 or over. The University of Exeter and delivery driver or member of staff
may refuse to deliver alcohol to any person who is, or
appears to be under the influence of either alcohol or drugs. If delivery of any
age restricted product is refused, you will still be charged for the relevant
Item and for delivery.
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7. Cancellation
You may cancel an order without charge at any time before
the University of Exeter has started preparing the food (a "Preparing
Order"). If you wish to cancel an order before it becomes a “Preparing Order”, please contact us
immediately, via our Application. If the University of Exeter confirms the
order was not a “Preparing Order”,
we will refund your payment (excluding any discount, or Voucher that was
applied to the order. If you cancel any order after it becomes a “Preparing Order”, you will be charged
the full price for the Items.
The University of Exeter may notify you that an order has
been cancelled at any time. You will not be charged for any orders cancelled by
us, and we will reimburse you for any payment already made using the same
method you used to pay for your order
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8. Prices, Payment and Offers
Prices include VAT. You confirm that you are using our
Service for personal, non-commercial use. The University of Exeter may operate
dynamic pricing some of the time, which means that
prices of Items and delivery may change while you are browsing. Prices can also
change at any time at the discretion of the University of Exeter. No changes
will affect existing confirmed orders, unless there is
an obvious pricing mistake. Nor will changes to prices affect any orders in
process and appearing within your basket, provided you complete the order
within 30 minutes of creating the basket. If you do not conclude the order
before the 30 minute cut-off the items will be removed
from your basket automatically and the price change will apply. If
there is an obvious pricing mistake we will notify you as soon as we can and
you will have the choice of confirming the order at the original price or
cancelling the order without charge and with a full refund of any money already
paid.
The total price of your order will be set out on the
checkout page on our Application.
When making a
purchase from or via University of Exeter for any product payments will be
processed through the MasterCard Payment Gateway Merchant Services. All
payments are made to the University of Exeter.
The
University of Exeter does not store credit card details and uses industry
standard SSL encryption to ensure the safety of your data.
All payments
are made in a live environment - upon clicking 'Pay Now', your credit or debit
card will be billed with the agreed amount and your order will be immediately
processed.
Once your
order has been completed, you should receive a confirmation email from no-reply@mcr-symphony.net to your message centre inbox on the Account section of the website.
This can additionally be viewed at a later date by
viewing 'Purchase History' in the Account section of the website.
These terms
shall be governed by English law and are subject to the exclusive jurisdiction
of the English Courts. Nothing in these terms shall exclude liability for
fraudulent misrepresentation.
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9. Our refunds policy
We will only
refund any money received from you using the same method originally used by you
to pay for your purchase from one of our nominated outlets that complete
customer refunds.
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10. Your status
By placing an order through our
site, you warrant that:
(a) You are legally capable
of entering into binding contracts; and
(b) You are at least
18 years old;
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11. How the contract is formed between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
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12. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our 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 provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
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13. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
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14. Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order Products or Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
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15. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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16. Food Saftey
When your food has been delivered, store it carefully away from direct sunlight or heat sources, such as radiators and draughts. Keep your food covered until it is required to ensure its freshness. Food deteriorates when left out at room temperature for long periods. We advise that you consume your meal within one hour of receipt. Food should not be consumed after three hours for food safety reasons unless fridgerated at no more than 5 degrees and does not pass the use by date