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terms + conditions

wagamama is a company registered in England and Wales. The registered name is wagamama limited and our registered office is 76 Wardour Street, London, W1F 0UR. Our VAT number is 681 4475 17.

 

 

our take-out terms and conditions

1. Access to our Website, our App and our terms

We provide wagamama.com/takeout (the ‘Website’) and a mobile app (our ‘App’) for you to communicate your orders (‘Orders’) for food and drink (‘Products’) for collection (the ‘Service’) from one of our restaurants. You may be required to submit your personal details (‘Information’) to use our ‘Service’. 

You can access some areas of the ‘Website’ and our ‘App’ without placing an ‘Order’ or registering your details with us. By accessing any part of our ‘Website’ or our ‘App’, you’ve agreed to these terms. If you don’t accept these, you should leave our ‘Website’ immediately or stop using our ‘App’. but you won’t be able to order any Products through the ‘Website’ or ‘App’.

These terms can be reviewed by us at any time. Our current terms for using our ‘Website’ and ‘App’ will always be available on our website. The terms that are in force at the time that you place an ‘Order’ through us are binding.

You’re responsible for making arrangements to access our ‘Website’. You also have responsibility for ensuring that anyone who accesses our ‘Website’ or ‘App’ through your internet connection are also aware of these ‘Website’ Terms and that they comply with them.

 

2. Use of our ‘Website’ and ‘App’

You’re permitted to use our ‘Website’ or ‘App’ for your own personal and non-commercial use and not to misuse them. The copyright and other intellectual property rights published on our ‘Website’ and ‘App’ are owned by us. These works are protected by copyright laws and all rights are reserved. Our ‘Website’ or ‘App’ may not be used, reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without the express written permission of wagamama ltd. You assume full responsibility for any associated costs or charges that you incur as a result of using our ‘Website’ or ‘App’.

 

3. Accessing our ‘Website’ and ‘App’

We make every effort to make sure that our ‘Website’ and ‘App’ is available 24 hours a day. We are not liable if our ‘Website’ or ‘App’ is unavailable at any time or for planned maintenance or other reasons. Access may be suspended temporarily at any time and without prior notice.

 

4. Your ‘Information’

When you place an order on our ‘Website’ or ‘App’ you will be required to provide us with information personal to you, including your full name, your email address, your mobile phone number, your payment information and your billing address (your "Information").

 

5. Placing your ‘Order’ 

You must be at least 18 years old to place an ‘Order’ through our ‘Website’ or ‘App’ and have the intention of collecting the order within the agreed time limit.

You should check all of the ‘Information’ that you enter when ordering is present and correct and correct any errors before submitting your ‘Order’. We are unable to correct any orders once payment has been processed. To add additional items to your ‘Order’, please create a new ‘Order’. In case of error, please call the restaurant you placed the ‘Order’ with, as they may be able to assist. You can only place an ‘Order’ for collection on the same day, either for the next available collection time or for a time later in the same day.  Next day or further advanced orders are not accepted.

If your payment is not authorised, your order will not be sent through to the restaurant or fulfilled.

 

6. Prices and payment

You will be charged as per the prices that are stated on our ‘Website’ or ‘App’ and these prices  are inclusive of VAT. In any instances where the price on the ‘Website’ or ‘App’ is an incorrect lower price, neither we nor the relevant Restaurant is under any obligation to ensure that the ‘Order’ is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.

You must pay for your take-out collection order using an accepted credit or debit card through our ‘Website’ or ‘App’. The amount will be debited from your account in the timescales set by your card or account provider. 

 

7. Cancelling or amending your ‘Order’

You may cancel or change your ‘Order’ after it has been submitted and payment has been authorised but this is only permissible up to 45 minutes before your chosen collection time. This can be done by telephoning the restaurant directly. No refund will be permissible if the attempt to cancel is made with less than 45 minutes until your chosen collection time.

If you cancel or change your ‘Order’, your original payment will still be processed. Where you are eligible for a refund, you can obtain this by contacting our services contacting our customer services team via the website form at wagamama.com/contact-us. We will process refunds within seven working days.

If, due to unforeseen circumstances we are unable to fulfil your ‘Orders’ or if one of our ‘Products’ is no longer available, we will offer a substitute or refund the amount that you have paid. You may obtain a refund by contacting our customer services team via the website form at wagamama.com/contact-us.

 

8. Collecting your take-out ‘Order’

You should arrive at the restaurant at the time you selected to collect your order. Please make yourself known to one of the restaurant team and tell them the name under which you’ve placed the ‘Order’, and the order number. You might be asked to show the card used to pay for the ‘Order’ to a member of our restaurant team as proof of your identity and so we can check that the card matches with the receipt data for your ‘Order’. We will endeavour to have your ‘Order’ ready for you to collect at your chosen collection time.

 

9. Security

The internet is not a secure medium. however, we have put in place various security procedures as set out in this policy. [all your card details are passed from your browser to worldpay uk limited using browser ssl encryption. [worldpay uk limited] use standard methods such as pgp, rsa and md5 encryption systems. your user admin area is protected by your user name and password, which you should never divulge to anyone else.

Please be aware that communications over the internet, such as emails/webmails are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered – this is the nature of the world wide web/internet. We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.

We believe that we have appropriate policies, rules and technical measures to protect the personal data that we have under our control (having regard to the type and amount of that data) from unauthorised access, improper use or disclosure, unauthorised modification, unlawful destruction or accidental loss.

All of our employees and data processors that have access to, and are associated with, the processing of your personal information are obliged to respect the confidentiality of our visitors’ information.

We ensure that your information will not be disclosed to government institutions or authorities except if required by law or when requested to by regulatory bodies or law enforcement organisations.

 

10. Disclaimers

We do our best to ensure that information on our ‘Website’ and ‘App’ is correct but we can’t promise it is accurate or complete. We may make changes to the material on the ‘Website’, ‘App’ or to the ‘Service’, ‘Products’ and prices described on it, at any time without notice. The material on the ‘Website’ or ‘App’ may be out of date, and we make no commitment to update that material.

Nothing in these ‘Terms’ affects your statutory rights.

We do our best to ensure that our product names, descriptions, prices, nutritional information and allergy information are accurate. If you are in any doubt about the contents of any of our ’Products’, you should confirm with the Restaurant directly before you place your order.

 

11. Termination of use

We may terminate or suspend your right to use or place orders from our ‘Website’ or ‘App’ immediately by notifying you in writing (including by email) if we believe in our sole discretion that you have breached these ‘Terms’.

 

12. Your privacy

We’re committed to protecting your privacy and security. All ‘Information’ that we collect from you will be processed in accordance with our Privacy Policy which is available to view on our website wagamama.com/privacy-policy. Our privacy policy includes an explanation of our cookies policy.

 

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our wagamamastars terms and conditions

by downloading and using this mobile application (“app”), you agree to become a member of wagamamastars and agree to our terms and conditions, official rules and privacy policy. if you do not wish to be bound by these terms, then you should stop using this app

wagamama may modify the terms, from time to time, to reflect changes in our service or legal requirements. wagamama will notify you if such change materially affects your rights. changes will not apply retrospectively and, unless the change is required immediately for legal or security reasons, notice of the modified terms will be provided a reasonable period prior to the changes taking effect. if you do not agree to be bound by the changes, you must stop using the app.


1. eligibility and registration

this app is intended only for users who are 13 years of age or older. if you are between the age of 13 and 18 (or the age of majority in your country if it is older than 18 years old), you may only use the app if your parent or legal guardian agree to be bound by these terms. any prize won via wagamamastars must be claimed by your parent or legal guardian.

this application may be used to purchase food and drink from any wagamama store in the UK (excluding Northern Ireland) or the States of Massachusetts and New York in the United States. only our UK (excluding Northern Ireland) and Massachusetts and New York restaurants are participating in the wagamamastars loyalty programme.

2. wagamamastars

by using the app, you are agreeing to be a member of the wagamamastars loyalty programme. In addition to the terms set out here, the wagamamastars loyalty programme is also subject to our official rules.

for each [£10 in UK/$15 in USA] you spend on food and drink through the app, you’ll earn a star which you can then choose to save or swap. if you save the star, you can collect them to buy more at wagamama. 5 stars will get you a drink, 10 stars will get you a side dish and 20 stars will get you a main dish.

if you choose to swap your star, you might win one of the prizes listed in our official rules. not every swap will win a prize. users are limited to one swap per transaction.

no purchase is necessary to win prizes. if you are eligible, you may obtain a star without making any purchase by hand-writing clearly and legibly in block capitals on a piece of plain paper "star", your name, email address, and postal address (including postcode/ zip code), before signing and sending it in a stamped, handwritten envelope addressed to wagamama, 76 wardour street, soho, london, W1F 0UR. you will be sent a code to put into the app which will give you a free star.. you will be allocated no more than one star a day via this method and this star can either be added to your saved stars balance or swapped to try to win a prize. you may use only one free star for entry into the game per day

all prizes are non-transferable and no substitution or cash equivalent will be made except as provided in wagamama’s sole discretion. wagamama reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. winners are responsible for all taxes and fees associated with prize.

wagamama reserves the right to terminate any wagamamastar account, and deactivate any stars held by that account, if the account is inactive (i.e. no purchase is made) for twelve months.

we reserve the right to modify the terms and conditions of the wagamamastars loyalty programme at any time, including and up to terminating the programme.

3. take-out orders

all orders for products shall be deemed to be an offer by you in accordance with these terms. when you place an order with wagamama, it is not accepted until you receive an on-screen message confirming wagamama’s acceptance of your order. once the order has been accepted, a binding contract will be formed and wagamama will debit your chosen method of payment.

once the order has been accepted, it cannot be cancelled or amended.

there is a maximum order value of £500 on this app. if you require, to order items in excess of £500, please contact one of our restaurants directly.

wagamama reserves the right to refuse an order for any reason.

4. promotions

from time to time, we may make special offers or promotions available to our customers. these are subject to the terms and conditions which are attached to the particular offer or promotion. not all offers and promotions will be available in conjunction with wagamamastars and this app.

5. prices and payment

this app can only be used to buy wagamama products offered in USD and GBP.

all prices displayed in GBP are inclusive of VAT. all prices displayed in USD are exclusive of applicable sales taxes.

sometimes products may be priced incorrectly on the app due to human or technical error. If wagamama becomes aware of an error, it will verify the cost of your order with you before accepting your order. you will have the opportunity to decide whether to proceed with your order or not.

to provide secure credit card processing, when you place orders on the app or use the app to pay for your meal in one of our restaurants, the payment is processed through a payment gateway which operates under its own terms. To learn more about our payment processing vendors, please review the terms on their own websites.

6. your data

please read our privacy policy carefully to understand how we collect and use the data you provide to us.

7. use of the App on an iOS device

by accessing the app through a device made by Apple, Inc. ("Apple"), you specifically acknowledge and agree that the following terms shall apply:

a) the contract is between wagamama and you; Apple is not a party to the contract

b) the license granted to you hereunder is limited to a non-exclusive and non-transferable right to install the app on the Apple device(s) authorized by Apple that you own or control, subject to the Usage Rules set forth in Apple's App Store Terms of Service

c) Apple is not responsible for the app or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the app

d) in the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app, if any, to you. to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app

e) Apple is not responsible for addressing any claims by you or a third party relating to the app or your possession or use of the app, including without limitation (a) product liability claims; (b) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation

f) in the event of any third party claim that the app or your possession and use of the app infringes such third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim

g) you represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties

h) Apple is not a sponsor of wagamamastars and is not involved in the promotion or loyalty program in any way

i) Apple and its subsidiaries are third party beneficiaries of these terms and upon your acceptance of the terms and conditions of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary hereof

8. trade marks & copyright

in the absence of any indication to the contrary, the app and all information and graphic representations or images contained on this app belong to wagamama. copyright and all intellectual property rights in any information or graphics on this app are vested in wagamama and all rights are reserved. no part of the text or graphics on the app may be reproduced or transmitted in any form by any means, electronic or mechanical or otherwise, including by photocopying, facsimile transmission, recording, re-keying or using any information, storage and retrieval system without the prior written consent of wagamama

wagamama and positive eating + positive living are the registered trade marks of wagamama ltd

9. limitation of liability

to the fullest extent permitted by law and for any circumstances over which wagamama had no control of the consequences or which wagamama could not avoid by the exercise of reasonable care , wagamama excludes all liability arising out of its supply of products and in particular shall not be responsible for any loss or damage, arising directly or indirectly out of or in connection with the subject matter of these terms.

10. law and dispute resolution

for users in the us: except where prohibited, you agree that: (1) all disputes, claims and causes of action arising out of or related to the game or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal court with applicable jurisdiction in boston, massachusetts; (2) all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this game, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any rights to have damages multiplied or otherwise increased. if you are a u.s. citizen, all issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, or the rights and obligations of you and wagamama in connection with the game, shall be governed by, and construed in accordance with, the laws of the state of massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the state of massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of massachusetts.

for users in the uk: the laws of England and Wales apply to these terms and any non-contractual obligation arising out of or in connection with these terms. you and wagamama irrevocably agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or their subject matter or formation. alternatively, you may raise the dispute with an alternative dispute resolution body via the EU Commission’s Online Dispute Resolution (ODR) Platform

11. contact us

if you have any questions, complaints or claims in respect of the app, please contact wagamama at:

In the UK: wagamama, 76 wardour st, london, w1f 0ur
In the US: wagamama, 401 park avenue south,10th floor, new york, NY 10016

© wagamama ltd 2016.

version 10-16