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 take-out terms and conditions

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

We provide wagamama.us/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 authorized, 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’ . 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 authorized 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.us/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.us/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 unauthorized 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, unauthorized 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.us/privacy-policy. Our privacy policy includes an explanation of our cookies policy.

 

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wagamama Limited (“we” and ”us”) is committed to protecting your privacy.

This notice should be read in conjunction with the Terms and Conditions of use for our website at www.wagamama.com (the “Website”) of which it forms part (the “Terms”).

This Privacy Policy explains how we use the information we collect about you, how you can instruct us if you prefer to limit the use of that information and procedures that we have in place to safeguard your privacy.

You can visit the Website without disclosing any personally identifiable information about yourself.

By using this Website or submitting personal information to us through or in connection with this Website, you signify your consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy. If you do not agree with this Privacy Policy, you must not use this Website or submit information to us through or in connection with this Website


1. acceptance of the terms and conditions.

1.1 wagamama (herein referred to as the “Company,” “we,” “us” or “our”) . all use of the web site is subject to the terms and conditions contained in this Terms of Use Agreement (the “Agreement”).  please read this Agreement carefully.  by accessing, browsing or otherwise using the web site, you acknowledge that you have read, understood, and agree to be bound by this Agreement.  If you do not accept the terms and conditions of this Agreement, you shall not access, browse or use the Web Site.

1.2 you understand and agree that we may change this agreement at any time without prior notice.  you may read a current, effective copy of this agreement at any time by selecting the “terms of use” link on the web site.  the revised terms and conditions will become effective immediately. any use of the web site after such date shall constitute your acceptance of such revised terms and conditions. if any change to this agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the web site.

1.3 your access to and use of the web site is also subject to the company’s privacy policy located at http://www.wagamama.us/policies/privacy-statement, the terms and conditions of which are hereby incorporated herein by reference.


2. use of the web site.

2.1 this web site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “content”). We may own the content or portions of the content may be made available to us through arrangements that we have with third-parties.  The content is protected by United States and foreign intellectual property laws.  unauthorized use of the content may result in violation of copyright, trademark, and other laws.  you have no rights in or to the content, and you will not use, copy or display the content except as permitted under this agreement.  no other use is permitted without our prior written consent.  you must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content. you may not sell, transfer, assign, license, sublicense, or modify the content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the content in any way for any public or commercial purpose.  the use or posting of any of the content on any other web site or in a networked computer environment for any purpose is expressly prohibited. if you violate any part of this agreement, your right to access and/or use the content and web site shall automatically terminate and you shall immediately destroy any copies you have made of the content.

2.2 the trademarks, service marks, and logos of the company (the “company trademarks”) used and displayed on this web site are registered and unregistered trademarks or service marks of the company.  other company, product, and service names located on the web site may be trademarks or service marks owned by third-parties (the “third-party trademarks”, and, collectively with the company trademarks, the “trademarks”).  nothing on this web site or in this agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this web site without the prior written consent of the company specific for each such use.  the trademarks may not be used to disparage the company or the applicable third-party, the company’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the trademarks.  use of any trademarks as part of a link to or from any web site is prohibited without the company’s prior written consent.  all goodwill generated from the use of any company trademark shall inure to the company’s benefit.

2.3 you agree not to: (a) take any action that imposes an unreasonable load on the web site’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the web site or any activity being conducted on the web site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the web site, (4) delete or alter any material posted on the web site by the company or any other person or entity, or (5) frame or link to any of the materials or information available on the web site.

2.4 the web site contains links to third-party web sites (“external sites”). these links are provided solely as a convenience to you and not as an endorsement by us of the content on such external sites.  the content of such external sites is developed and provided by others.  you should contact the site administrator or webmaster for those external sites if you have any concerns regarding such links or any content located on such external sites. we are not responsible for the content of any linked external sites and do not make any representations regarding the content or accuracy of any materials on such external sites. you should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs.  if you decide to access any external sites, you do so at your own risk.

2.5 certain elements of the web site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by section 2.1 of the agreement. none of the content for this web site may be retransmitted without the express written consent from the company for each and every instance.


3. limitation of liability and disclaimer of warranties.

3.1 THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY.  THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE.  YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK. THE COMPANY PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR FREE OR THAT THE WEB SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

3.2 IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3.3 some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.  IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.


4. indemnification. 

 

you agree to defend, indemnify, and hold harmless the company parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this agreement or your access to, use or misuse of the content or web site.  the company shall provide notice to you of any such claim, suit, or proceeding.  the company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the Company’s defense of such matter.


5. termination of the agreement.

5.1 the company reserves the right, in its sole discretion, to restrict, suspend, or terminate this agreement and your access to all or any part of the web site or the content at any time and for any reason without prior notice or liability. the company reserves the right to change, suspend, or discontinue all or any part of the web site or the content at any time without prior notice or liability.

5.2 sections 2 (use of the web site), 3 (limitation of liability and warranty), 4 (indemnification), 5 (termination of agreement), and 8 (miscellaneous) shall survive the termination of this agreement.  


6. user must comply with applicable laws.

6.1 this web site is hosted in middlesex, united kingdom.  we make no claims concerning whether the content may be downloaded, viewed, or be appropriate for use outside of the United States.  if you access the web site or the content from outside of the United States, you do so at your own risk.  whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

6.2 the United States controls the export of products and information. you expressly agree to comply with such restrictions and not to export or re-export any of the content to countries or persons prohibited under the export control laws. by downloading the content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. you are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the content.


7. u.s. government restricted rights. 

 

the content is provided with “RESTRICTED RIGHTS.”  use, duplication, or disclosure by the government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor.  use of the web site or content by the government constitutes acknowledgement of our proprietary rights in the web site and content.


8. miscellaneous.   

 

this agreement is governed by the internal substantive laws of the commonwealth of massachusetts, without respect to its conflict of laws provisions. you expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the city of boston in the commonwealth of massachusetts. if any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. failure of the company to act on or enforce any provision of the agreement shall not be construed as a waiver of that provision or any other provision in this agreement.  no waiver shall be effective against the company unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. except as expressly agreed by the company and you, this agreement constitutes the entire agreement between you and the company with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  the section headings are provided merely for convenience and shall not be given any legal import.   this agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.  any information submitted or provided by you to the Web Site might be publicly accessible.  important and private information should be protected by you.  the company is not liable for protection of privacy of electronic mail or other information transferred through the internet or any other network that you may use.