TERMS OF USE — ORDERUP / ORDERGUARD-POWERED TAKEAWAY WEBSITES
These Terms of Use (“Terms”) apply to your use of this website or mobile application (the “Service”), which is provided by OrderGuard LTD trading as OrderUp (“OrderUp”, “OrderGuard”, “we”, “us”, “our”) for the benefit of the restaurant named on this Service (the “Restaurant”).
By using the Service you agree to these Terms.
1. About the Service
The Service allows you to browse menus, place orders for food and drink, and make secure payments for delivery or collection from the Restaurant.
OrderGuard provides the technology platform and payment processing only.
The Restaurant prepares, sells, and delivers your food.
2. Who your contract is with
When you place an order (“Order”), you make a binding offer to the Restaurant.
When the Restaurant accepts your Order, a contract of sale is formed between you and the Restaurant.
OrderGuard is not a party to that contract.
OrderGuard acts as a technology and payment processing provider on the Restaurant’s behalf.
3. Eligibility and lawful use
By using the Service you confirm that:
- You are legally capable of entering into a binding contract
- You will use the Service only for personal, non-commercial purposes
- You are at least 18 years old to order alcohol
- You will comply with all applicable laws
4. Ordering process
4.1 Placing an Order.
Review your basket and checkout. By clicking “Place Order” you submit an Order and authorise payment.
You may edit or cancel until the Restaurant accepts your 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.
Prices are set by the Restaurant and include VAT unless stated otherwise.
4.4 Delivery & Collection.
Delivery areas, fees and estimated times are set by the Restaurant.
Times are estimates only and not guaranteed.
5. Payments
Payments are processed securely via Mollie on a PCI-compliant infrastructure.
Your payment is split between:
- The Restaurant (for food, delivery and restaurant charges); and
- OrderGuard LTD trading as OrderUp, which charges a £0.75 service charge per Order for use of the platform.
The service charge is clearly displayed at checkout before you place your Order.
Your payment is treated as payment to both the Restaurant and OrderGuard for their respective portions. Authorisation holds may appear until captured or released by your bank.
Tips, if offered, are passed to the Restaurant according to its policy.
6. Cancellations, Changes, and Refunds
6.1 Before acceptance.
You can cancel or change your Order until the Restaurant accepts it.
Once preparation has started, Orders generally cannot be cancelled.
Refunds are at the Restaurant’s discretion unless your statutory rights apply.
6.3 Rejected Orders.If rejected, any payment will be voided or refunded.
Banks may take up to 7 working days to release funds.
7. Allergens and dietary requirements
The Restaurant is responsible for menu descriptions and allergen information.
If you have allergies or dietary requirements, contact the Restaurant before ordering.
8. Acceptable Use
You must not misuse the Service, interfere with security, reverse engineer, introduce viruses, or use the Service unlawfully.
9. Intellectual Property
All intellectual property in the Service belongs to OrderGuard or its licensors.
Restaurant branding belongs to the Restaurant.
10. Availability
We aim to keep the Service available but do not guarantee uninterrupted operation.
11. Liability
Nothing limits liability for death or personal injury caused by negligence, fraud, or statutory rights.
The Restaurant is solely responsible for food preparation, quality, and delivery.
OrderGuard’s total liability relating to the Service shall not exceed the value of the affected Order.
12. Complaints
All issues relating to your Order, including food quality, missing items, delivery, refunds, or service, must be raised directly with the Restaurant using the contact details shown on the Service.
OrderGuard does not handle food, delivery, or restaurant service complaints and is not responsible for resolving them.
13. Changes to these Terms
We may update these Terms from time to time.
New versions apply to Orders placed after the effective date.
14. Governing law
These Terms are governed by the laws of England and Wales.
Consumers in Scotland or Northern Ireland may bring proceedings locally.