Restaurant Terms & Conditions
COELIAC SOCIETY OF IRELAND TERMS AND CONDITIONS FOR RESTAURANT LISTINGS
Last update: [●] March 2021
1 WHO WE ARE
1.1 We are the Coeliac Society of Ireland, with company number 367017 and address at Dolcan House, 78-80 Tower Road, Clondalkin, Dublin 22, D22 N6F6 (“we” “our” or “us”), and we operate the website www.Coeliac.ie ( the “Site”).
1.2 These terms and conditions (“Restaurant Terms”) set out the requirements to be listed as a coeliac-friendly restaurant on our Site.
1.3 When we say, “you” or “your”, we mean a restaurant that is listed on the Site as offering food items, and has food preparation areas, suitable for coeliacs.
1.4 You should carefully read and familiarise yourself with these Restaurant Terms as they form the basis of our legal relationship with you and affect your rights and liabilities under law. If there is anything you do not understand in these Restaurant Terms or any other terms or information we publish or make available through the Site, please contact us using the information provided below.
2 YOUR ACCEPTANCE
2.1 By ticking the box below:
2.1.1 you confirm that you have read, understand and accept these Restaurant Terms (including your obligations set out in clause 4);
2.1.2 you wish to be listed on the Site as suitable for our Members; and
2.1.3 you represent and warrant that you have the legal capacity to enter into and agree to these Restaurant Terms.
3 OUR OBLIGATIONS
3.1 We will provide you with a listing on our Site which enables our Members to see information about your restaurant.
3.2 In order to list your restaurant, we will use your name, logo, restaurant information and other intellectual property for the purpose of providing information to our Members. Specifically, we may:
(a) include your restaurant in promotional/ informational activity through several marketing channels (physical and digital) and we will use your approved logo in these activities;
(b) provide a link to your website to our Members.
4 YOUR OBLIGATIONS
4.1 You must supply the information that we request, and you must ensure that such information is always accurate and up to date. The information you provide will be reproduced and displayed to our Members on the Site. We reserve the right to correct any obvious spelling or formatting errors in this information being reproduced, but you retain full responsibility for ensuring the accuracy of this information and for ensuring that it is up to date at all times.
4.2 In relation to allergens, by signing up to be listed on our Site, you agree and confirm that you:
4.2.1 choose ingredients which are naturally gluten free or certified gluten free;
4.2.2 have correct segregated storage of incoming ingredients;
4.2.3 have cleaning and hygiene procedures in place to avoid cross contamination with gluten;
4.2.4 prepare gluten free meals as guided by the FSAI (time zoning or area zoning); and
4.2.5 have procedures in place around the avoidance of cross contamination when preparing and serving non gluten containing meals for coeliacs.
4.3 You must promptly provide us with accurate and complete details of any allergens in your food in accordance with applicable laws and standards. We may also require you to provide further information including the ingredient list for each menu item.
4.4 You are responsible for ensuring that all allergen information you provide (both to us for inclusion on the Site and directly to any of our Members containing you to request details about your food items) is entirely accurate, complete and up to date in relation to food items being prepared by your restaurant at that time. Members will be directed to contact you with questions regarding allergens. We do not undertake to check and are not liable for checking allergen information on your behalf.
5 INTELLECTUAL PROPERTY
5.1 We are the owner or licensee of all intellectual property rights in the Site and in the material published on it, including text, graphics, user interfaces, visual interfaces, illustrations, photographs, trademarks, logos and computer code, the design, structure, arrangement, selection, coordination, expression and ‘look and feel’ of our Site (together, “Our Content”). All of these rights are protected by copyright and other intellectual property laws and treaties around the world. No licence is granted to you in these Restaurant Terms or elsewhere to use any trademark owned by us or any of our affiliates. You may not use our Trademark on packaging, vehicles, menus etc. unless you have our express permission.
5.2 You must not do or say anything derogatory that might bring our name into disrepute or adversely affect our reputation.
5.3 You must stop using our name and logo as soon as your listing has been removed from our Site.
6.4 By agreeing to these Restaurant Terms with us, you grant us a licence to use your name, logo and any other of your intellectual property to enable us to comply with our obligations under these Restaurant Terms. Your intellectual property will, however, at all times, remain your property. Your licence to us will end when your restaurant listing is removed from our Site.
We may display on the Site ratings and comments (“Reviews”) provided by our Members regarding your restaurant. We have no responsibility or liability to you for any Reviews, and we are not able to remove or edit any Reviews unless the reviews are defamatory or objectionable. We will only do so in accordance with applicable legislation. You will not yourself post, cause or allow any other party to post any Reviews about your own restaurant that are misleading, deceptive or fraudulent.
7 CHANGES TO THESE TERMS
We reserve the right to make changes to these Restaurant Terms or any other policies and rules at any time. The most recent version of the Terms will be the ones you will need to accept before making any purchase through the Site. Any amendment, variation or modification to these Restaurant Terms you propose will not bind us and has no legal effect.
8.1 These Restaurant Terms are effective unless and until terminated by either you or us. You may direct us to remove your restaurant listing from our Site at any time by notifying us and we will do so within a reasonable time period.
8.2 We have a right to remove your listing from our Site if:
8.2.1 you breach any of these Restaurant Terms, our or any other policy or notice published on our Site from time to time;
8.2.2 you do not, within a reasonable time of us asking for it, provide us with any information that is necessary for us to list your restaurant on the Site; or
8.2.3 you provide allergen information about your restaurant’s food items or information about the food preparation areas which is incorrect.
8.3 We will try to give you prior reasonable notice of any removal of your restaurant from our Site.
9 OUR LIABILITY
9.1 To the fullest extent allowed by law, we are not liable for any loss of profits, loss of income or revenue, loss of business; loss of contracts, loss of anticipated savings, loss of data, or waste of management or office time, or any indirect or consequential loss, however arising and whether arising contract, tort (including negligence) or otherwise, even if foreseeable; and
9.2 The limitations and exclusions in these Restaurant Terms apply to every liability arising under or in connection with these Restaurant Terms whether in contract, tort (including negligence), statute, misrepresentation, restitution or any other legal theory.
9.3 We do not exclude or limit in any way our liability for any fraud or fraudulent misrepresentation or in any other way that is not allowed under applicable law.
9.4 Subject to clause 9.3, our total aggregate liability to you for all other claims, losses, liabilities, costs and expenses, whether in contract, tort (including negligence) or otherwise, arising under or in connection with your restaurant listing being on the Site, will not exceed €100.
10.1 To the fullest extent allowed by applicable law, you will indemnify us and keep us and our business partners and our officers, directors, shareholders, employees, agents, licensors and suppliers (each an “indemnified person”) indemnified, on demand, from and against all losses, liabilities, damages, judgements, awards, penalties, settlements, fines, costs and expenses (including reasonable legal fees) suffered, incurred or paid out by an indemnified person that arise out of or in connection with:
10.1.1 any violation of these Restaurant Terms by you;
10.1.2 any incorrect allergen information or information on food preparation given to our Members;
10.1.3 any claim for illness, injury or death suffered by a Member or your customer or any third party relating to dining at the Restaurant or otherwise in connection with your restaurant being listed on our Site.
11 DATA PROTECTION
11.1 We will use your personal data as set out in our Data Protection Policy.
11.2 If you use any personal data about our Members from the Site, you do so as an independent data controller. You are responsible for ensuring that any further use or disclosure of the personal data will be done in accordance with data protection law.
12 CHANGES TO THE RESTAURANT OWNERSHIP
12.1 If you sell or transfer the ownership of your business, you must advise the new owner or transferee of these Restaurant Terms and give us notice in writing of the proposed sale or transfer.
12.2 If we are notified or informed by a third party of a change to the ownership of your business or other important details relating to your business (for example a change of name) we will make reasonable efforts to contact you. If you don’t respond, we may terminate these Restaurant Terms.
13 CONSENT AND COMPLIANCE
13.1 You confirm and promise that you have obtained and will maintain all necessary consents, licenses, permits, registrations (including food business operator registration), approvals or authorisations (“Consents”) from any relevant person or government authority in relation to your business.
13.2 You must notify us in writing immediately, providing all relevant information if:
(a) any of the Consents are revoked, suspended or altered;
(b) you are served with a Closure Order or an Improvement Order;
(c) your restaurant receives poor results in an Environmental Health Officer’s report; or
(d) you have reason to believe that any food items you have provided or supplied to customers are unsafe.
14.1 When we use the words “writing” or “written” in these terms, this includes emails. In these Restaurant Terms, the singular includes the plural and the masculine includes the feminine and neuter and vice versa. The paragraph headings do not form a part of these Restaurant Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
14.2 These Restaurant Terms (including any additional terms, policies or operating rules that we may provide when you engage with a feature of the Site or place an order), are the only agreement between you and us regarding the Site and the products you buy through the Site, and supersede all previous agreements, promises, representations, warranties and understandings between you and us regarding the Site and the products you buy through the Site. We each acknowledge that, in entering into these Restaurant Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written between us before the date of the order.
14.3 Nothing in these Restaurant Terms shall be construed to create a partnership or agency relationship between you and us and neither has the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
14.4 You are not allowed to assign, novate or transfer any of your rights or obligations under these Restaurant Terms to anyone unless we agree in writing in advance. We may assign, novate or transfer any or all of our rights and obligations under these Terms to another organisation without your consent. We will tell you in writing if this happens.
14.5 These Restaurant Terms are personal to you and there are no third-party beneficiaries to these Restaurant Terms.
14.6 We are not responsible or liable for any failure, breach or delay caused by circumstances outside of our control.
14.7 If we fail to insist that you perform any of your obligations under these Restaurant Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.8 Each of the paragraphs of these Restaurant Terms operates separately. If a court of competent jurisdiction determines any provision or part-provision of these Restaurant Terms to be invalid, illegal or unenforceable, it will be deemed deleted, but that does not affect the validity and enforceability of the rest of these Restaurant Terms.
14.9 We are not responsible or liable for any failures or delays that arise from any cause outside our control. This paragraph does not affect your statutory rights.
14.10 The existence, formation, interpretation, operation and termination of these Restaurant Terms and any claim, matters or disputes arising out of or in connection with them (whether contractual or non-contractual), are governed by and interpreted in accordance with the laws of Ireland. The courts of Ireland have exclusive jurisdiction to hear and determine any claim, matter or dispute (whether contractual or non-contractual) between you and us arising out of or in connection with these Restaurant Terms or the Site. However, this does not prevent us from instituting proceedings outside of Ireland.
15 CONTACTING US
If you have any questions, requests or complaints regarding these Terms please contact us using the following information:
Coeliac Society of Ireland, Dolcan House, 78-80 Tower Road, Clondalkin, Dublin 22, D022 N6F6
01 872 1471