1.1 By accessing any part of the Website or mobile application (together referred to as the“Website”), you indicate that you accept these Terms and Conditions. If you do not accept them, you should leave the Website immediately.
2.1 Hungry Monkey is a website and mobile application operated by Hungry Monkey Ltd, incorporated and registered in Gibraltar, whose registered office is at Montagu Pavilion, 8-10 Queensway, Gibraltar. Our Company registration number is 114163. Hungry Monkey is a business where the food is prepared by independent restaurants (our “Partner Restaurants”). The purpose of our Service is to provide a simple and convenient service to you, linking you to the Partner Restaurant and menu of their choice and allowing you to order Meals from them. Hungry Monkey markets Meals on behalf of our Partner Restaurants, concludes orders on their behalf and either delivers the Meals to you or allows you to collect them from the relevant Partner Restaurant.
3.1 Hungry Monkey offers an ordering and delivery or collection service from our Partner Restaurants throughout Gibraltar. Operating hours will vary depending on local trading conditions and the availability of our Partner Restaurants.
3.2 Our aim is to provide the best delivery service possible. Unfortunately things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our delivery targets. We will do our best to ensure that your Meal is delivered by the time specified. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the Partner Restaurant at that time.
4.1 After placing an order via our Service, you will receive an email confirming your order has been received and accepted by the Partner Restaurant (the “Confirmation Email”). The contract for the supply of any Meal you order through us will be between you and the Partner Restaurant and will only be formed when you have been sent the Confirmation Email by us. Please ensure you provide a correct email address as this is how we will communicate with you about your Order. Please also ensure that you provide an accurate address and telephone number to ensure that your Meals arrive to the correct location.
If you do not open the door or answer the phone within 10 minutes of our delivery drivers reaching your address, we reserve the right to leave the premises, and you will be charged for the Meal. Hungry Monkey seeks to provide a quality service and will be the first point of contact if there is a problem with your Meal either in regards to food quality and/or temperature. We monitor our Partner Restaurants closely and it is of utmost importance to us that they comply with our standards.
5.1 All Meals are subject to availability. Your Partner Restaurant may offer an alternative for any Meal it cannot provide you with. Our Partner Restaurants may use nuts in the preparation of certain Meals. Please call our Partner Restaurant prior to ordering if you have an allergy. Hungry Monkey cannot guarantee that any of the Meals sold by our Partner Restaurants are free of allergens.
6.1 Persons placing an order for alcohol from our Partner Restaurants must be aged 18 or over. Alcoholic beverages can only be sold and delivered to persons aged 18 or over. Hungry Monkey operates the Challenge 25 age verification policy whereby customers who are lucky enough not to look 25 or over, will be asked to provide proof of age to show that they are aged 18 or over. By placing an order that includes alcohol, you confirm that you are at least 18 years old. Hungry Monkey reserves the right to refuse to deliver any alcohol to any person who does not appear, or cannot prove they are, aged 18 or over. Hungry Monkey also reserves the right to refuse to deliver any alcohol to any person who is, or appears to be, under the influence of either alcohol or drugs.
7.1 You have the right to cancel an order prior to the point when a Partner Restaurant has started to prepare the order. Customers can cancel an order by contacting the Partner Restaurant. Hungry Monkey and the Partner Restaurant may cancel any order and will tell you once it has been cancelled. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by Hungry Monkey or a Partner Restaurant will usually be reimbursed using the same method you used to pay for your order. Any order cancelled after the partner restaurant has started to prepare the order will be charged to you.
8.1 The price of any Meals will be listed on our Website. Payment for all Meals can be made by credit or debit card. Once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to Hungry Monkey. We are authorised by our Partner Restaurants to accept payment on their behalf.
9.1 Hungry Monkey makes no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither Hungry Monkey nor any Partner Restaurant shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service.
In the event that Hungry Monkey or the Partner Restaurant is found to be liable to you our total aggregate liability is limited to the purchase price of the Meals you have paid for in your order. This does not include or limit in any way Hungry Monkey or any Partner Restaurant’s liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
10.1 Hungry Monkey may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
The Gibraltar courts will have jurisdiction over any claim arising from, or related to, any use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Gibraltar.
© Copyright 2022 – Hungry Monkey Limited, Unit 10, 43-45 Flat Bastion Road, Gibraltar, GX11 1AA. Registered Company Number 114163.
