Terms & Conditions of The Mountain House (the "Store")
The purpose of the Online Ordering System is to provide a simple, convenient and cost-effective service that enables you (and other customers) to place orders for the delivery or collection of food and/or other items (the "Products") with us. You are granted a right to use the Online Ordering System pursuant to the Ecwid Terms of Service which form a separate and leading binding agreement between you and Ecwid.
2. Disclaimer and Liability
You hereby acknowledge and agree that the Online Ordering System is made available for use "as is" and "as available" and we make no representations and give no warranties of any kind whatsoever in relation to the Online Ordering System and that, without prejudice to the generality of the foregoing, we make no warranty or representation regarding, and shall have no responsibility for, the accuracy, availability, reliability, security, fitness for purpose or performance or continuity of the Online Ordering System or the contents thereof. It is your sole responsibility to ensure that the Online Ordering System is suitable for your purposes.
You acknowledge and agree that to the extent permitted by applicable law, the Online Ordering System may at any time be modified or withdrawn, on a temporary or permanent basis, and wholly or in part, for any reason without notice, and we shall have no liability to you or any other party arising out of or in connection with such modification or withdrawal. We make no representation or warranty that the Online Ordering System will be uninterrupted or error free or that the Online Ordering System will be free of viruses. We do not warrant or represent that the Online Ordering System will meet your requirements or specifications, or that any errors or bugs in the Online Ordering System will be corrected.
All representations, warranties, guarantees, terms and conditions whether express or implied by statute or otherwise in relation to the Online Ordering System or the information contained therein (including any implied warranty of accuracy of data, non-infringement, merchantability or fitness for a particular purpose) are hereby excluded to the fullest extent permitted by applicable law.
3. Use of data
If you enter your payment card details on the Online Ordering System, these details will be stored securely by a third party payment service provider. We do not have access to your payment card details, with the exception of the last 4 digits of your payment card number and the card expiry date which are used to identify your card and orders.
Where you provide your mobile phone number, your name and your address through the Online Ordering System we will be provided with this information so that we can complete your order.
4. Third Party Sites
The Online Ordering System may contain links to other websites. Such websites are not under our control and we are not responsible or liable for the practices, content or availability of such websites. The inclusion on the Online Ordering System of links to other websites does not imply any endorsement or sponsorship of the content or practices on such websites nor does it imply any affiliation or association between us and any operators of such websites. These links to websites are provided for your convenience only.
If you decide to access a website through a link on the Online Ordering System, you do so at your own risk, and we will not be responsible or liable to you or any third party for any loss, cost, damage or other liability arising out of or in connection with accessing, using or relying on the website or any content, goods, practices or services available on such website.
You are prohibited from linking to the Online Ordering System from any other business, service or other website.
5. Obligations and Limitations on Use
The Online Ordering System is made available for access by you in our country of establishment and we make no representation or warranty that any information, materials or functionality included in the Online Ordering System is appropriate or available for use in any jurisdiction other than our country of establishment.
You agree that any information provided by you on the Online Ordering System (including your name and contact details) is true, accurate, current and complete in all respects at the time it is provided and that you will update this information when subsequently using the Online Ordering System to the extent that it changes.
By using the Online Ordering System you also agree that:
5.2 you will not impersonate any other person or entity or use a false name or a name that you are not authorised to use on the Online Ordering System;
5.3 you are 18 years of age or older;
5.4 you will pay in full for all Products ordered by you through the Online Ordering System;
5.5 you will not use the Online Ordering System to place any speculative or false orders;
5.6 you will not use the Online Ordering System to research our Products or the pricing of our Products;
5.7 you will not use any automated systems, robots or software to extract data from the Online Ordering System.
You acknowledge and agree that you may not use the Online Ordering System for any unlawful purpose, or any purpose that is not authorised by Ecwid, including without limitation:
5.8 transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice;
5.9 interfering with any other persons use or enjoyment of the Online Ordering System;
5.10 damaging, disabling or impairing the operation, functionality or availability of the Online Ordering System (including by knowingly or recklessly introducing to the Online Ordering System viruses, trojans, worms, logic bombs or other material which is malicious or harmful) or attempting to gain unauthorised access to the Online Ordering System or to networks connected to it, through hacking, spoofing or any other means;
5.11 distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material on or through the Online Ordering System.
You may not access the Online Ordering System for any commercial purposes (including for the purposes of copying or reproducing any material on the Online Ordering System, monitoring the availability, performance or functionality of the Online Ordering System, or for any other benchmarking or competitive purposes).
6. Orders & Payment
It is your responsibility to ensure that each order for Products that you place through the Online Ordering System is correct prior to you submitting such order. All questions that you may have regarding Products displayed on, or any orders you place through, the Online Ordering System should be directed to us using the Store"s contact details available on our homepage. You acknowledge that Ecwid is not able to address any such questions and you agree that you will not contact, or attempt to contact, Ecwid in relation to any such questions.
Please note that the inclusion of incorrect personal details by you when placing an order with us on the Online Ordering System may lead to delays in the completion of your order or mean that we are unable to complete your order. It is your responsibility to ensure that you have included your correct personal details on the Online Ordering System (including your telephone number) and we are not liable for any delay or failure to complete your order due to the inclusion of incorrect personal details on the Online Ordering System.
It is your responsibility to keep your mobile phone secure. You agree that you are responsible and liable for all orders and charges placed on the Online Ordering System via your mobile phone.
Please note that where you have not made payment in full at the time of placing your order on the Online Ordering System, you will be solely responsible and liable for making all outstanding payments due in respect of your order at the time that you collect your order from us or we deliver it to you.
We reserve the right at our discretion to change the Products, and the prices of Products, available on the Online Ordering System.
You consent to us providing you with notices and other communications electronically either through the Online Ordering System or by other electronic means 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.
You acknowledge and agree that we may cancel an order placed by you on the Online Ordering System, either before or after acceptance of such order, where we believe that inaccurate information was provided as part of this order or where circumstances beyond our reasonable control occur which prevent or hinder completion of such order.
10. General Terms
No failure or delay by us to exercise any right or remedy provided hereunder or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
11. Governing Law
All comments, questions and requests relating to your information are welcomed and should be addressed to us using the Store"s contact details available on our homepage. Please also direct any complaints or legal notices to this address.
"Ecwid" means Ecwid Inc
"Online Order System" means the technology solutions developed by Ecwid which are made available to you through our website, app or other platform and which enable you to place orders with us electronically for Products;
The Mountain House is committed to respecting the privacy rights of all visitors to our Website.
Personal data generally means information that can be used to individually identify a person, and processing generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. We are the controller of your personal data processed in connection with the Website.
Personal Data We Collect
In running and maintaining our Website, we may collect and process the following information:
Personal Data Collected Directly From You
We receive personal data directly from you when you provide it to us through placing a food order, including, but not limited to:
- email address;
- mailing address;
- telephone number;
- username; and
- payment details.
You may also include details in your food order that indicate your health information or religious beliefs.
Personal Data Collected We Automatically Collect
Some personal data is automatically collected when you use the Website, such as:
- IP address;
- device identifiers;
- browser information; and
- cookie data.
How We Use Personal Data
We process personal data to operate, improve, understand and personalise our services e.g. we use personal data to:
- complete orders including delivery or collection of food;
- personalise content based on your preferences;
- contact you about our offers, subject to your marketing preferences;
- communicate with you;
- protect against or deter fraudulent, illegal or harmful actions;
- respond to user inquiries;
- provide support and assistance;
- comply with our legal or contractual obligations;
- enforce our terms and conditions; and
- resolve disputes.
Lawful Basis for Processing
Purpose of Processing
Lawful Basis under GDPR
Such processing is necessary for the performance of a contract between us and you, where necessary for the purpose of complying with our legal obligations and where you have consented to providing certain information in relation to your food order preferences at the time of purchase.
Training, quality monitoring or evaluating the services we provide
Such processing is necessary for the legitimate interests pursued by us in monitoring and improving our Website"s services and their usage and ensuring that our users use the Website in accordance with our terms and conditions and policies.
Website services, including for troubleshooting, data analysis, and survey purposes.
We have a legitimate interest in operating and maintaining the Website and for related purposes including improving our services.
Statistical information that cannot be related back to individuals to help us improve the services we offer.
We have a legitimate interest in having access to certain analytics to ensure the products and services we provide are adequate.
Enforcing and Defending Our Rights
We have a legitimate interest in ensuring that our services and the Website are used in accordance with our terms and conditions of use and policies.
Individual Data Subject Rights
Data Protection Laws provide certain rights in favour of data subjects (the "Data Subject Rights").
Data Subject Rights include the right of a data subject to:
- access personal data;
- rectify or erase personal data (i.e. right to be forgotten);
- restrict processing;
- data portability;
- object to processing; and
- object to automated decision making (including profiling).
These Data Subject Rights will be exercisable by you subject to limitations as provided for under Data Protection Laws.
You may make a request to us to exercise any Data Subject Right by contacting the e-mail address provided on our website. Your request will be dealt with in accordance with Data Protection Laws.
How we Share Data with our Partners
We do not share any personally identifying data with third parties and will not disclose your personal data to any other party except as set out in this policy.
We and Ecwid our online ordering partner, are joint controllers of your personal data processed in connection with food orders placed through the Ecwid Platform on the Website. If you have queries regarding how your personal data is processed by Ecwid or wish to address your rights, please contact Ecwid
Ecwid acts as a processor in assisting us with managing users" consent to our marketing communications. Ecwid also acts as a processor when it assists us to manage our analytics.
We may be required to disclose personal data in some scenarios e.g. when you violate our terms and conditions or other policies. We may disclose such personal data, at our sole discretion, if we believe it necessary or appropriate in connection with investigation of fraud, IP infringement, piracy, or other unlawful activity. This may require disclosure of your name, address, phone number, email or company name.
We may engage other companies and people to perform tasks on our behalf (i.e. processors) and may need to share your information with them to provide you with our services.
In some cases, we may buy or sell its assets which may involve the transfer of customer information. We will transfer such information if we are acquired by or merged with another company. In this event, we will notify you by email.
Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal data to law enforcement, other government officials, or other third parties without a court order, law enforcement request, legal process, or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to protect our rights or the rights of third parties, prevent physical harm or financial loss, or to report suspected illegal activity.
Third Party Links
Service-related Announcements and Changes
While you may make a complaint in respect of our compliance with Data Protection Laws to the Data Protection Commission, we ask that you contact us in the first instance to give us the opportunity to address your concerns.
This Policy was last updated on November 2020