Terms of Service

1. Introduction and Acceptance

Welcome to Supermacs ("Company", "we", "our", or "us"). These Terms of Service ("Terms") govern your use of our website located at supermaxs.com and our food ordering and delivery services.

1.1 Agreement to Terms

By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these terms, then you may not access our services.

1.2 Eligibility Requirements

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

1.3 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

1.4 Updates to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of our services after changes constitutes acceptance of the new Terms.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Company", "we", "us", or "our" refers to Supermacs, located at Main St, Cashel, Co. Tipperary, E25 EF61, Ireland
• "You", "your", or "User" refers to the individual accessing or using our services
• "Services" refers to our food ordering, delivery, and related services
• "Website" refers to supermaxs.com and all associated pages and applications
• "Content" refers to all text, images, graphics, software, and other materials on our website
• "Order" refers to any food or beverage purchase request made through our services
• "Delivery Zone" refers to the geographical areas where we provide delivery services

3. Use of Services

3.1 Permitted Use

You may use our services for personal, non-commercial purposes only. You agree to:

• Comply with all applicable laws and regulations
• Provide accurate and truthful information
• Use the services in good faith
• Respect the intellectual property rights of others
• Maintain the security of your account

3.2 Prohibited Use

You agree not to:

• Use our services for any illegal or unauthorized purpose
• Engage in any harmful, threatening, or abusive behavior
• Attempt to gain unauthorized access to our systems
• Violate any intellectual property rights
• Send spam or unsolicited communications
• Provide false or misleading information
• Interfere with or disrupt our services
• Create multiple accounts to circumvent restrictions
• Use automated systems to access our services without permission

4. User Accounts

4.1 Registration Requirements

To use certain features of our services, you may be required to create an account. You must provide accurate, complete, and current information during registration.

4.2 Account Security

You are responsible for safeguarding your account credentials and for all activities under your account. You must immediately notify us of any unauthorized use or security breach.

4.3 Accurate Information

You agree to maintain and update your account information to ensure it remains accurate and complete. This includes delivery addresses, contact information, and payment details.

4.4 One Account Per Person

Each person may maintain only one account. Creating multiple accounts may result in suspension or termination of all accounts.

4.5 Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity. You may close your account at any time by contacting our customer service.

5. Products and Services

5.1 Food Safety and Quality Standards

We are committed to maintaining the highest food safety and hygiene standards in compliance with Irish food safety regulations. All our food is prepared in licensed kitchens following HACCP principles.

5.2 Allergen Information

We provide allergen information to the best of our ability. However, we cannot guarantee that our food is free from cross-contamination. Customers with severe allergies should exercise caution and inform us of their allergies when ordering.

5.3 Product Descriptions and Pricing

We strive for accuracy in product descriptions and pricing. However, we do not warrant that descriptions or prices are accurate, complete, or error-free. We reserve the right to correct any errors.

5.4 Delivery Terms and Timing

Delivery times are estimates only and may vary due to weather, traffic, or high demand. We will make reasonable efforts to deliver within the estimated time frame.

5.4.1 Delivery Zone Restrictions

Delivery is available only within our designated delivery zones. Delivery fees apply and vary by location and order size.

5.4.2 Minimum Order Requirements

Minimum order values may apply for delivery orders and vary by location. These requirements are clearly displayed during the ordering process.

5.4.3 Temperature-Sensitive Items

We take special care with temperature-sensitive items. However, we cannot guarantee temperature maintenance during extended delivery times due to factors beyond our control.

5.5 Order Acceptance and Cancellation

All orders are subject to acceptance by us. We reserve the right to refuse or cancel orders for any reason, including product availability, errors in pricing, or suspected fraudulent activity.

5.5.1 Order Modification Policy

Order modifications may be possible before preparation begins. Contact us immediately if you need to modify your order. No modifications can be guaranteed once preparation has started.

5.6 Payment Terms

Payment is required at the time of ordering. We accept major credit cards and other payment methods as displayed on our website. All payments are processed securely through our payment partners.

5.7 Food Quality Guarantee

We guarantee the quality and freshness of our food. If you are not satisfied with your order due to quality issues, please contact us within 1 hour of delivery for a resolution.

5.8 Returns and Refunds

Due to the nature of food products, returns are generally not accepted. Refunds may be provided in cases of quality issues, incorrect orders, or non-delivery. Please see our Refund Policy for detailed information.

6. Intellectual Property

6.1 Our Ownership

All content on our website, including text, graphics, logos, images, recipes, and software, is owned by Supermacs or our licensors and is protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our services for personal use only. This license does not include any right to reproduce, distribute, or create derivative works.

6.3 User Content License

By submitting content to our services (such as reviews or comments), you grant us a worldwide, royalty-free license to use, reproduce, modify, and display such content in connection with our services.

6.4 Copyright Infringement

If you believe that any content on our website infringes your copyright, please contact us with details of the alleged infringement, and we will investigate promptly.

7. User Content

7.1 Responsibility for Content

You are solely responsible for any content you submit through our services. You warrant that you have all necessary rights to submit such content and that it does not violate any laws or third-party rights.

7.2 License Grant

By submitting content, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content.

7.3 Prohibited Content

You may not submit content that is:

• Illegal, harmful, or offensive
• Defamatory or invasive of privacy
• Infringing on intellectual property rights
• Contains viruses or malicious code
• Spam or commercial solicitation
• False or misleading

7.4 Right to Remove Content

We reserve the right to remove any user content that violates these Terms or is otherwise objectionable in our sole discretion.

7.5 No Endorsement

We do not endorse any user content and are not responsible for the accuracy or reliability of any user-generated content on our services.

8. Disclaimers

8.1 "As Is" Service

Our services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the operation of our services or the information, content, or materials included therein.

8.2 No Warranty of Uninterrupted Service

We do not warrant that our services will be uninterrupted, secure, or error-free. We may suspend or restrict access to our services for maintenance, updates, or other reasons.

8.3 Third-Party Content

We are not responsible for any third-party content, websites, or services linked from our website. Your use of third-party services is at your own risk and subject to their terms and conditions.

8.4 Professional Advice Disclaimer

Any nutritional or dietary information provided is for general informational purposes only and should not be considered professional medical or nutritional advice. Consult with healthcare professionals for specific dietary needs.

9. Limitation of Liability

9.1 Maximum Liability

To the fullest extent permitted by law, our total liability for any claims arising from or related to these Terms or our services shall not exceed the amount you paid for the specific order giving rise to the claim.

9.2 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, even if we have been advised of the possibility of such damages.

9.3 Essential Purpose

If any remedy provided in these Terms is deemed to have failed of its essential purpose, our liability shall be limited to the replacement of the defective product or refund of the purchase price.

9.4 Jurisdictional Variations

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so the above limitations may not apply to you to the extent prohibited by applicable law.

10. Indemnification

10.1 User Indemnification

You agree to indemnify, defend, and hold harmless Supermacs, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of another party
• Any content you submit through our services

10.2 Defense and Settlement

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

10.3 Survival

This indemnification obligation will survive the termination of these Terms and your use of our services.

11. Third-Party Links and Services

11.1 No Responsibility

Our website may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of any third-party sites or services.

11.2 Third-Party Terms

Your use of any third-party services is subject to their respective terms and conditions and privacy policies. We encourage you to read these documents carefully.

11.3 No Endorsement

The inclusion of any link does not imply endorsement by us of the site or service. We disclaim all liability for any harm resulting from your use of third-party sites or services.

12. Termination

12.1 Company Right to Terminate

We may terminate or suspend your account and access to our services immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

12.2 User Right to Terminate

You may stop using our services at any time. If you wish to delete your account, please contact our customer service team.

12.3 Effect of Termination

Upon termination, your right to use our services will cease immediately. All provisions of these Terms that should survive termination shall survive, including intellectual property rights, warranty disclaimers, and limitation of liability.

12.4 Survival of Provisions

The following sections shall survive termination: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.

13. Governing Law and Disputes

13.1 Applicable Law

These Terms are governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law principles.

13.2 Dispute Resolution

We encourage you to contact us first if you have any concerns. Most disputes can be resolved through our customer service team. For unresolved disputes, you agree to attempt to resolve the dispute through good faith negotiations.

13.3 Jurisdiction and Venue

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Ireland, and the parties consent to the jurisdiction of such courts.

13.4 Time Limitation

Any cause of action you may have with respect to our services must be commenced within one (1) year after the claim or cause of action arises, or such claim shall be barred.

14. Changes to Terms

14.1 Right to Modify

We reserve the right to modify these Terms at any time in our sole discretion. Changes may be necessary due to legal requirements, changes in our services, or business needs.

14.2 Notification of Changes

We will notify you of any material changes by posting the updated Terms on our website and updating the "Last updated" date. For significant changes, we may also send email notifications to registered users.

14.3 Continued Use Equals Acceptance

Your continued use of our services after any changes indicates your acceptance of the new Terms. If you do not agree to the changes, you must stop using our services.

14.4 Review Responsibility

It is your responsibility to review these Terms periodically to stay informed of any updates.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and us regarding your use of our services.

15.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

15.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

We may assign our rights and obligations under these Terms without your consent. You may not assign your rights or obligations under these Terms without our prior written consent.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, or government regulations.

15.6 Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.