PLEASE READ THESE TERMS OF USE CAREFULLY -- USING THIS WEBSITE TO ORDER ITEMS SIGNIFIES YOUR AGREEMENT WITH THESE TERMS OF USE.

This Terms of Use Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and Swords Food,and its affiliated companies (collectively, the "Swords Food" or "we" or "us" or "our"), concerning your access to and use of the swordsfood.com website as well as any other media form or media channel related or connected thereto (collectively, the "Website").

The Website allows restaurants ("Restaurants") to market and offer for sale meals for delivery and/or pick up and customers to search for and purchase such meals ("Swords Food Services"). The Swords Food Services are hosted in the United States & Germany.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the Website Services.

You are not authorized to use data mining, robots, or any other data gathering or extraction tools. Niether are you authorized to download nor copy any account information for the benefit of any merchant and/or services. You are not authorized to download (other than page caching), copy or modify any material on this site. You are not authorized to resell or make any commercial use of this site or any of the contents of this site, including any collection or use of any product listings, descriptions, or prices. You are not authorized to make any derivative use of this site or its contents. No portion of this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Swords Food and our affiliates. You may not use any meta tags or any other "hidden text" utilizing swordsfood.com name or trademarks.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT Swords Food MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE Swords Food SERVICES OR THE WEBSITE.

1. General. Swords Food is owned and operated by Swords Food, and has the right at all times to change and/or modify and/or discontinue any aspect and/or feature of the website, including, without limitation, its content and hours of availability. The swordsfood.com 's merchant network is solely a facilitator of communications between its merchant members and swordsfood.com's users. swordsfood.com is not responsible for the quality of the goods. Neither Swords Food vuches for the quality of the services offered by the participating merchants and/or restaurants and/or the takeaways.

Please read our FAQ section for detailed instructions on how to resolve problems and/or disputes with orders and other user requests and merchant service issues. All questions regarding products or merchant services featured on Swords Food should be directed to the appropriate merchant and/or participating restaurant.

2. Our purpose: We have created the Website to serve as a marketplace. Swords Food is a merchant of food ordering and delivery services. Swords Food does not sell or control the production of any food produced at the Restaurants. Rather this marketplace provides buyers the ability to search for and find local Restaurants that deliver or make food available for pick up. The Restaurants are obligated by Swords Food to comply with country, state and local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. However, it is critical for users to understand that Swords Food does not in any way independently verify the credentials, representations or products of Restaurants, the ingredients or the quality of any products, or that a Restaurant is in compliance with applicable laws. Buyers must make themselves comfortable through information provided by Restaurants on the Website or as requested by buyers directly from the Restaurants as to the quality and reliability of the Restaurants, as well as to their compliance with applicable laws. Swords Food does not in any way guaranty the quality of any food or that any food complies with applicable laws. In addition, a Restaurant may represent that food preparation is in accordance with special standards such as "organic," "kosher," "macrobiotic" or allergen-specific standards such as "nut-free," "gluten-free," or "lactose-free." However, Swords Food does not independently investigate or verify such representations. Swords Food shall not be liable or responsible for any food or services offered by Restaurants that is unhealthy, is the cause of injury, that is otherwise unacceptable to buyers or that does not meet the expectation of buyers in any manner. Buyers are solely responsible for verifying the accuracy of delivery addresses, and Swords Food shall have no liability or responsibility for any such erroneous addresses.

3. Pricing. The information regarding price, product specifications and availability contained on this site were provided by the participating Restaurants. The prices charged by Swords Food member retailers could be the same as the prices charged in their brick-and-mortar stores at the time an order is delivered, shipped or available for pickup. Although Swords Food attempts to ensure that the prices listed on the site and those posted in the stores on the date they are viewed on the site are the same, prices and product availability may change, particularly if you select a delivery or pickup date that is different from the date on which you place your order.

Swords Food may also use it's discretion and charge extra money for the products, without any written and/or verbal consent from the participating restaurant.

Moreover, though every effort is made to ensure accuracy in posting pricing information, discrepancies do occur. In the event that the checkout price and the price posted on the site are different, the checkout price as mentioned in Swords Food will prevail in every case.

Though efforts were made by Swords Food regarding the information contained on this site, mistakes can be made, due both to inaccurate reporting of accurate information and accurately reporting inaccurate information. We do not make any representations as to the timeliness, accuracy, reliability or completeness of any of the information contained on this site or on those sites to which Swords Food offers links.

4. Ordering & Payment. All ordering is performed online. Buyers are usually billed directly by Swords Food for their orders, and "Swords Food " will be the name that appears on your payment records, but Swords Food shall not in any manner be considered the seller of the food. On occasion, credit card information will be provided to the Restaurants, and in such case, the Restaurant will bill you directly. You will be notified at the time of purchase if the Restaurant will be billing you directly. In such case, you hereby authorize Swords Food to transfer your credit card information to the Restaurant for processing the payment directly.

5. Refund Policy. Swords Food takes customer satisfaction very seriously. In the case of problems with your food order, please contact the Restaurant directly. If you have not been able to resolve your issue with the Restaurant to your satisfaction, please contact Swords Food and we will try to assist you. In appropriate cases, if you have already been billed by Swords Food , Swords Food will issue full or partial refunds. For example: if you did not receive your order or received an incorrect order, you may be issued a full refund; if part of your order is missing, we may issue a partial refund. In every event, we will do our best to ensure your satisfaction. If you were billed by swordsfood.com, swordsfood.com will provide a full or partial refund if, for example, you did not receive your food order, or part of your order, on a case to case basis.

6. Restrictions on Use.
A. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the Republic Of Ireland copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of this site, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of swordsfood.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

B. The foregoing provisions are for the benefit of swordsfood.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

C. Swords Food grants you a limited license to access and to make strictly personal use of this site, and any unauthorized use terminates all permission or license granted by swordsfood.com

7. Disclaimer of Warranty; Limitation of Liability.
A. You expressly agree that use of this site is at your sole risk. Neither Swords Food , nor its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the site will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy or reliability of any information, service, or merchandise provided through the site.

B. The site is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Additionally, there are no warranties as to the results obtained from the use of this site.

C. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of this site, whether for breach of contract, tortuous behaviour (including strict liability), negligence, or under any other cause of action.

8. Gift cards If at anytime, Swords Food offers gift cards, the following terms shall apply:
(1) gift cards cannot be combined with cash,
(2) gift cards are redeemable only with online payments;
(3) gift cards are not redeemable for cash,
(4) lost, stolen or damaged gift cards may be replaced only with valid proof of purchase and to the extent of the remaining gift card balance appears in Swords Food 's records,
(5) gift cards are not a credit or debit card,
(6) there are no expiration dates and no fees for purchased gift cards, and
(7) expiration dates or other terms may apply to promotional or service credit gift cards not purchased directly by a consumer.

9. Indemnification. You agree to defend, indemnify and hold harmless Swords Food and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorney's fees) arising out of your use of the site.

10. Trademarks. The Swords Food trade name, trademark and logo, and the trademarks and logos of vendors appearing on this site are trademarks of Swords Food . and the vendors, respectively. All other trademarks appearing on the site are the property of their respective owners.

11. Third Party Content.Swords Food neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized Swords Food employee spokespersons while acting in their official capacities.

12. Changed Terms. Swords Food has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

13. Miscellaneous. These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the Republic Of Ireland, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

14.TERM AND TERMINATION This Agreement shall remain in full force and effect while you use the Website or are otherwise a user of the Website. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, Swords Food RESERVES THE RIGHT TO, IN Swords Food 's SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE Swords Food SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND EAT24HOURS MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE Swords Food SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN Swords Food 'S SOLE DISCRETION. In order to protect the integrity of the Website and Swords Food Services, Swords Food reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website Swords Food Services. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

15. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL Swords Food OR ITS DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR Swords Food SERVICES, EVEN IF Swords Food HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Swords Food 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Swords Food FOR Swords Food SERVICES DURING THE PERIOD OF 1 MONTH PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

INDEMNITY
You agree to defend, indemnify and hold Swords Food , its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any party due to or arising out of your Contributions, use of Swords Food Services, including, without limitation use in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Swords Food reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Swords Food , and you agree to cooperate, at your expense, with Swords Food 'S defense of such claims. Swords Food will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.