Terms of Use — OrderGuard-Powered Takeaway Website

1. Introduction

This website or mobile application (the “Service”) is provided by OrderGuard Systems Ltd (“OrderGuard”, “we”, “us”, or “our”) for use by Klub Kitchen 83. The Service lets you browse menus, place orders for food and drink, and make secure payments for delivery or collection.

2. Who your contract is with

When you place an order using the Service (an “Order”), you make a binding offer to the Restaurant. Once the Restaurant accepts your Order (for example, by sending an order acknowledgement or starting preparation), a contract of sale is formed between you and the Restaurant. OrderGuard is not a party to that contract. OrderGuard simply provides the technology platform and payment processing on the Restaurant’s behalf.

3. Eligibility and lawful use

By using the Service you confirm that: (a) you are legally capable of entering into a binding contract; (b) you will use the Service only for personal, non-commercial purposes; (c) you are at least 18 years old if ordering alcohol; and (d) you will comply with all applicable laws. It is an offence for a person under 18 to purchase, or attempt to purchase, alcohol, or for any person over 18 to purchase alcohol on behalf of a person under 18.

4. Ordering process

4.1 Placing an Order. Review your basket and checkout. By clicking “Place Order” (or similar), you submit an Order and authorise payment. You may be able to edit or cancel until the Restaurant accepts the Order.

4.2 Acceptance. The Restaurant may accept or reject Orders at its discretion (e.g., due to stock, capacity, or delivery constraints). If rejected, no contract is formed and any authorisation hold will be released by your bank.

4.3 Prices & taxes. Menu prices are set by the Restaurant and include applicable VAT and taxes unless stated otherwise.

4.4 Delivery/collection. Delivery areas, fees, and time estimates are set by the Restaurant and shown during checkout. Times are estimates only and are not guaranteed. You may be asked to show your Order confirmation on delivery/collection.

5. Payments

Payments are processed securely via Stripe Connect on a PCI-compliant infrastructure. Your payment is treated as payment to the Restaurant. Authorisation holds may appear on your account until capture or release by your bank. Tips, if offered, are passed to the Restaurant/its staff according to its policy. OrderGuard does not charge customers a platform handling fee.

6. Cancellations, changes, and refunds

6.1 Before acceptance. You can cancel or change your Order until the Restaurant accepts it.

6.2 After acceptance. Because food is perishable, once preparation has started you generally have no right to cancel. Refunds after acceptance are at the Restaurant’s discretion, unless your statutory rights apply (e.g., items are not as described, missing, or unsafe).

6.3 Rejected Orders. If the Restaurant rejects your Order, any payment authorisation will be voided or refunded. Banks may take up to 7 working days to release funds.

6.4 Reporting issues. Please report any problems promptly (ideally within 24 hours) to 01792 641961 with your Order number and evidence (photos/description). This does not affect your legal rights.

7. Allergens and dietary requirements

The Restaurant is responsible for menu descriptions and allergen information. If you have an allergy or dietary requirement, contact the Restaurant on 01792 641961 before ordering. All food is prepared in kitchens where allergens are present; no dish can be guaranteed allergen-free. If you have a severe allergy, you should not place an Order.

8. Acceptable use and restrictions

You must not misuse the Service, interfere with security, attempt to reverse engineer the platform, introduce viruses, or use the Service in a way that infringes third-party rights or applicable law. We may suspend or terminate access for suspected abuse.

9. Intellectual property

All intellectual property rights in the Service (software, design, text, trademarks, and branding) are owned by OrderGuard or its licensors. Restaurant names, logos, and menus are owned by the respective Restaurant. You may use the Service for personal ordering only.

10. Availability of the Service

We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. Maintenance, updates, or failures may temporarily affect availability.

11. Liability

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any rights that cannot be excluded under the Consumer Rights Act 2015. OrderGuard is not responsible for the preparation, quality, or delivery of food; the Restaurant is solely responsible. To the fullest extent permitted by law, OrderGuard’s total liability for issues arising from your use of the Service (excluding the food itself) shall not exceed the value of the affected Order.

12. Complaints

For issues with your Order, contact the Restaurant first at 01792 641961. If the matter relates to the operation of the Service, contact OrderGuard at info@order-guard.com.

13. Changes to these Terms

We may update these Terms from time to time. The updated version will apply to Orders placed after the effective date shown on the Service.

14. Governing law

These Terms are governed by the laws of England and Wales. If you are a consumer residing in Scotland or Northern Ireland, you may bring proceedings in your local courts.