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5. Sales and Food availability

5.1

Registered individuals have the ability to place orders for Food, which may be accepted or rejected by the Restaurant and / or nu. An order is considered placed once a Food item is confirmed on the App. A payment is then made using any of the acceptable payment methods specified in section 8.3 and is made through the App. The acceptance of an order by the Restaurant and / or nu is contingent upon several factors, including but not limited to the availability of Food, the capacity Restaurant staff, accuracy of Food-related information (such as price), and receipt of payment or payment authorisation (if applicable) by nu for the Food.

5.2

Please note that nu will provide an Acceptance Notice on the App or via email to indicate the acceptance of your order by both nu and the Restaurant. At this point, the agreements of sale, referred to as the "Sale," will come into effect between you and:

  1. The Restaurant, in relation to the Food ordered.

  2. If applicable, nu, in relation to third party services if you requested such for the Food.

It is important to be aware that the Sale is established only upon receiving the Acceptance Notice, regardless of any previous communication from the Restaurant and / or nu confirming your order or payment. In the event that your order is rejected, nu will cancel it, notify you accordingly, and credit the amount you have already paid to your Credit Wallet. You can utilise this credit immediately or at a later date for your next order with nu.

5.3

Prior to the delivery of Food to your designated table or receiving notification that the Food is ready for collection, we reserve the right to reject an order or cancel a Sale at any time due to the following reasons: (i) the Restaurant's inability to fulfil the order, (ii) unavailability of Restaurant waiting staff (if applicable), and/or (iii) any other reason determined at nu's sole discretion.

5.4

If you wish to retract your order, please contact the manager of the respective Restaurant immediately, and we will make reasonable efforts to accommodate your request. Retractions cannot be made through the App or after an Acceptance Notice has been issued. Please note that changes to an order cannot be made once it has been placed, but you may have the option to retract it (subject to the above) and place a new order instead.

5.5

Adding Food to your shopping basket on the App without completing the purchase cycle does not constitute an order for Food. Therefore, the Food may be removed from your shopping basket if it becomes unavailable or the price changes without prior notice. Neither nu nor the Restaurant can be held liable if the Food is no longer available or is available at a different price when you complete or attempt to complete the purchase cycle at a later time.

5.6

nu relies on the information provided by the Restaurants regarding the Food, and we assume no liability for any inaccuracies in such information. Please note that stock of the Food offered may be limited. While nu will make reasonable efforts to discontinue offers for Food that is no longer available on the App, we cannot guarantee its availability. In the event that the Food becomes unavailable after you have placed an order or if the Restaurant does not accept your order, nu will notify you and reject your order, resulting in a "Failed Order." The amount paid for the Failed Order will be credited to your Credit Wallet, which can be used for immediate or future orders with nu.

5.7

You acknowledge that Food pricing may change without notice, except in the case of an obvious pricing error. In the event of an obvious pricing error, we may reject your order or cancel the Sale, and you will be entitled to a refund for the amount paid.

5.8

Any disputes related to inaccurate information about a Restaurant or Food, pricing errors, or sold-out Food should be resolved between you and the respective Restaurant, as outlined in these Terms and Conditions.

5.9

It is your responsibility to consult the relevant Restaurant about the ingredients used in the preparation of the Food and make necessary arrangements to exclude any ingredients if you have allergies or specific dietary requirements (unless such exclusions can be made directly through the App). We cannot guarantee that the Food will be free of allergens, and we disclaim any liability regarding the ingredients or allergens contained in the Food.

5.10

For each order, you will be charged:

  1. The price of the Food set by the respective Restaurant.

  2. A fee for the Waiter (tip), should you agree to such.

  3. A fee for the service provided by nu.

These charges, collectively referred to as "order charges," are displayed on the App at the time you place your order.

5.11

If you specifically request it, nu will provide you with a valid invoice for any fees charged by nu. This invoice will be sent to you via email and will include a line item reflecting the price of the purchased Food. If you require a valid invoice for the purchased Food from the Restaurant itself, please contact the Restaurant directly. You can request the contact details of the Restaurant from nu's customer email address. In the event that a Restaurant fails to provide you with the invoice within 5 business days after your request, you can notify us, and we will make every effort to obtain and provide you with the required invoice as soon as possible.

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