Delivery Responsibility, Risk Allocation and Accountability Policy
Version: 1.1
Effective date: Thursday 14th May 2026
By placing an order on the Virtuous Restaurants platform, the customer expressly confirms they have been presented with and accepted this Policy at the point of checkout. This Policy governs all matters relating to order responsibility, delivery confirmation, and dispute resolution between the customer, the partner restaurant and the Platform.
In Simple Terms – What This Policy Means for You
You place your order directly with the “merchant with signed PSA Agreement” or “Restaurant” – they prepare and are legally responsible for the food including quality, safety, allergens, and accuracy.
We, Virtuous Restaurants Ltd, provide the technology platform and, for delivery orders, the delivery service, carried out by independent drivers we engage. We are never the seller or the cook. Once the independent driver hands over your order and you confirm receipt with the Delivery Code (or valid photo evidence), the delivery is treated as complete for platform dispute purposes. However, this does NOT remove or limit any of your statutory rights against the restaurant under the Consumer Rights Act 2015 (for example, your right to a refund, repair, or replacement if the food is faulty, not as described, or unsafe). All non-excludable consumer protections remain fully in force. If something goes wrong with the food, contact the restaurant. If something goes wrong with the delivery, contact the restaurant or us at support@virtuousrestaurants.com.
READ THIS ENTIRE POLICY CAREFULLY. Virtuous Restaurants acts as technology partner and, for delivery orders, as delivery service provider. Refund decisions about food are made by the restaurant; the Platform deals with problems with its delivery service (Section 30.13). By using our services, you acknowledge that your statutory rights under UK law are preserved and that you accept this policy.
Defined Terms – Merchant Category Definition: In this Policy, “Restaurant” means a merchant that has executed a PSA Agreement. References to a “Restaurant” or a “Merchant with a Signed PSA Agreement” are interchangeable and refer to the same entity. Throughout this Policy the term “Restaurant” refers to any merchant, retailer, or supplier of any goods or services who has entered into a Platform Services Agreement with Virtuous Restaurants Ltd, regardless of the category of goods or services they supply. All provisions of this Policy applicable to Partner Restaurants apply equally to all merchant categories on the Platform including but not limited to grocery retailers, drink suppliers, household goods providers, and any other merchant category the Platform facilitates. Merchant-specific obligations — including allergen disclosure requirements, food safety compliance, and food preparation standards — apply to each merchant to the extent relevant to the nature of the goods they supply. A merchant supplying non-food goods is not subject to food-specific obligations but remains bound by all other provisions of this Policy applicable to Partner Restaurants. References in this Policy to orders being final, non-cancellable or non-refundable on change of mind apply only to goods covered by an exception to the cancellation right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (such as freshly prepared food and other goods liable to deteriorate rapidly). For other goods the customer’s 14-day cancellation right applies, as explained in that merchant’s terms.
Defined Terms — Delivery Confirmation Mechanism. Throughout this Policy the customer delivery confirmation mechanism is referred to as “Delivery Code,” “security PIN,” “delivery PIN,” “completion PIN,” and “PIN.” All such references are to the same mechanism: the unique code generated by the Platform for each order, transmitted to the Customer upon order confirmation, and required to be presented by the Customer to the independent delivery driver at the point of handover to confirm receipt. All variants carry identical legal effect. Provision of this code by the Customer to the Driver confirms receipt of the correct number of sealed bags with seals intact (Section 2.6) and triggers risk transfer in accordance with the risk allocation sequence in this Policy. Where this Policy refers to “valid PIN confirmation,” “Delivery Code submission,” “security PIN provision,” or any equivalent phrase, the legal effect is the same. This defined term does not alter any substantive right or obligation — it resolves only the terminology variation.
This Delivery Responsibility, Risk Allocation and Accountability Policy (the “Accountability Policy”, “Technology Partner Policy” or “Policy”) of Virtuous Restaurants Ltd is accepted by a Customer by ticking the mandatory acknowledgement box at checkout, which is shown with a summary of key terms and links to this Policy, the Terms of Use, the Privacy Policy, and the Partner Restaurant’s Terms and Privacy Policy, and then submitting the order (Section 31.2). The contract for the supply of food is directly with the restaurant. For delivery orders the Platform provides the delivery service (Section 1.12C). The Platform’s role in complaints and refunds is set out in Section 30.13. Acceptance is always subject to non-excludable rights under UK law (Section 1.3A).
Customers acknowledge that they contract directly with the Restaurant for the supply of food. The Platform acts as technology partner and, for delivery orders, as delivery service provider. Complaints and refunds about food are handled by the restaurant; complaints about the delivery service are handled by the Platform (Section 30.13).
Drivers are independent contractors engaged by Virtuous Restaurants Ltd as subcontractors and are not its employees. The Platform is responsible for the delivery service they carry out, as set out in Section 1.12C.
Upon the placement of an order, the contract for the food is between the customer and the restaurant. The Platform does not guarantee that delivery will be available for every location or time (Section 1.8); once an order has been collected for delivery, the Platform’s responsibility for the delivery service is set out in Section 1.12C. The Platform recommends that restaurants maintain their own backup delivery arrangements for times when no Platform driver is available.
The Platform is not responsible for ensuring the quality, safety, legality, or compliance of any menu items, food preparation, or services provided by the Partner Restaurant. The Partner Restaurant is solely responsible for all aspects of its offerings, including compliance with applicable laws, safety standards, allergen disclosures, and food preparation practices. The Platform’s role is limited to providing the technological services for communication and order processing and, for delivery orders, the delivery service (Section 1.12C), without endorsing or guaranteeing the quality or legality of the Partner Restaurant’s services or products.
Refund requests and complaints about food must be made to the restaurant. The restaurant decides them; the Platform either processes the refund on the restaurant’s written authorisation or, where the restaurant issues it directly in Virtuous Restaurants Console, records and reconciles it (Section 30.13(a)). Complaints about delivery may be made to the restaurant or the Platform (Section 2.34). Customers are encouraged to provide supporting evidence (photos or videos), but evidence is not required to exercise statutory rights. The Platform’s role is set out in Section 30.13.
The Platform is not responsible for food quality, food safety, or the restaurant’s customer service. Disputes about food and fulfilment must be directed to the Partner Restaurant; delivery issues are dealt with under Section 2.34. The Platform is not liable for fraudulent transactions unless directly caused by a system failure, and any payment disputes related to fulfilment issues should be resolved with the restaurant. The Platform may assist in communication but is not liable for the outcome. Restaurants remain responsible for the food. Customers’ statutory rights under UK law (Consumer Rights Act 2015) are unaffected. The Platform is not liable for delays caused by events beyond reasonable control (force majeure).
Customers contract directly with the Restaurant for the supply of food. Once an order is collected, the Platform is responsible for the delivery service (Section 1.12C). Customers should report delivery issues promptly to the restaurant or the Platform (Section 2.34). As between the Restaurant and the Platform, losses caused after verified collection are borne by the Platform (Section 5.0); the Customer’s statutory rights against the Restaurant are unaffected (Section 1.3A).
Where a restaurant authorises a food refund in writing, the Platform processes it through the Platform’s Stripe integration in accordance with Section 30.13 and the refund procedure in the Platform Services Agreement. The Platform does not decide whether a food refund is due. If you experience any issue with the food, please contact the Restaurant directly; for delivery issues see Section 2.34. If you experience any issue with our technology please contact the Platform at support@virtuousrestaurants.com.
If you have an issue with the food, contact the restaurant directly; if you contact us about the food, we will forward it to the restaurant. If you have an issue with delivery, contact the restaurant or us (Section 2.34).
Customers acknowledge and agree that, when placing an order via the Platform, their contract for the supply of food and/or beverages is formed solely and directly with the relevant restaurant whose menu they have selected. The Platform does not sell, resell, or supply any food or beverages and acts as the restaurant’s agent only as its limited commercial agent for concluding orders and receiving payment for the food (Section 31.21.A.5).
The Platform provides and operates the ordering technology through which restaurants take digital orders. Orders are placed through the restaurant’s own ordering page, which the Platform hosts and controls on a subdomain of virtuousrestaurants.co.uk and which may be reached by a link, a QR code or an in-venue device; through the Virtuous Restaurants application; and through any branded restaurant-specific application provided as an Enhanced Technical Service (Section 1.15C). Each is an ordering interface operated and controlled by the Platform (Section 31.2). For delivery orders the Platform also provides the delivery service (Section 1.12C). The Platform does not operate the restaurant and does not assume responsibility for the restaurant’s compliance with consumer, pricing, or trading laws.
The Platform is not a party to the contract between the customer and the restaurant and does not set, determine, approve, control, verify, or vary any prices, fees, charges, or surcharges (including any administrative, service, or similar fee) applied by the restaurant. All pricing and fee information for the food is provided solely by the restaurant, and the Platform displays such information without verification, endorsement, or independent assessment. The Platform’s own delivery fee and any Platform service fee are set by the Platform and are governed by Sections 2.30A and 31.21.A.1.
The Platform has no discretion, oversight, or responsibility in respect of the application, calculation, justification, disclosure, or legal compliance of any prices or fees charged by the restaurant. Any queries, complaints, disputes, or claims relating to pricing, fees, disclosures, or refunds must be directed to the restaurant, which remains solely responsible for resolving them (queries about the Platform’s own fees should be sent to support@virtuousrestaurants.com).
By placing an order, customers confirm that they have reviewed all order details, prices, and applicable fees prior to submission, accept responsibility for payment of the total amount displayed, and acknowledge that the Platform’s role is as set out in Sections 1.12C and 30.13.
Nothing in this Policy limits or excludes any non-excludable statutory rights available to consumers under applicable UK law (including the Consumer Rights Act 2015). Where such rights apply, responsibility for remedies relating to the food rests with the restaurant, and responsibility for remedies relating to the delivery service rests with the Platform.
Platform Role: Virtuous Restaurants Ltd acts as a technology and marketplace facilitator and, for delivery orders, as the delivery service provider. It does not employ drivers, who are independent contractors engaged by it as subcontractors (Section 1.12C).
Risk Allocation: Risk passes in the single sequence set out in Section 5.0, subject always to Section 1.3A.
Platform Liability: The Platform is responsible for operating its ordering technology with reasonable skill and care and, for delivery orders, for the delivery service (Section 1.12C), within the limits in Section 26.5. It gives no warranty about the food, which is the restaurant’s responsibility.
No Right to Cancellation or Refund After Acceptance: Once an order has been placed and expressly accepted through the platform, and preparation of the order has commenced, the ordering party shall have no statutory or contractual right to cancel, withdraw from, or obtain a refund for that order, including where the cancellation arises from a change of mind. The ordering party acknowledges that orders placed via the platform relate to the supply of freshly prepared food and drink, and accordingly become binding upon acceptance and commencement of preparation, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This clause applies only to freshly prepared food and drink and other goods covered by an exception to the cancellation right (see the Merchant Category Definition above). It does not affect any mandatory statutory rights available to consumers in the event that goods are unsafe, defective, or not as described, which shall remain unaffected.
Platform service fees and delivery fees are refunded only as set out in Section 2.30A.
Any refund, credit, or compensation provided by a restaurant after acceptance and commencement of preparation shall be granted solely at that restaurant’s discretion and as a gesture of goodwill only. Such refund applies to the restaurant’s portion of the order; Platform fees are dealt with under Section 2.30A.
Nothing in this Policy limits or excludes any rights that cannot be excluded under the Consumer Rights Act 2015 or other applicable UK law.
This policy forms an integral and binding part of the agreement between you and Virtuous Restaurants® and applies to all participants, including customers, restaurants, drivers, referrers and driver suppliers.
Any Driver Supplier who is a social media influencer must comply with all applicable ASA advertising disclosure requirements when promoting the Platform’s driver registration opportunity. The Platform requires all Driver Suppliers to label commercial content as advertising in compliance with the CAP Code. The Platform shall have no liability for any Driver Supplier’s failure to comply with ASA or advertising standards requirements.
This version of the Policy is operative from the effective date stated above. Future updates will apply prospectively only and will be notified in accordance with Section 31.11. Any version in force at the time of a transaction governs that transaction.
Customers accept this Policy as set out in Section 31.2. Partner Restaurants, Drivers, referrers and driver suppliers accept it through their agreements with the Platform and are bound by the version in force at the time of each transaction or activity. No change, amendment, revision, or update to this Policy, however communicated, including verbally or offline, shall apply retrospectively to any assignment, transaction, activity, or interaction undertaken by any party before its effective date.
For the avoidance of doubt, the rights, obligations, and responsibilities of all parties shall be governed solely by the version of this Policy in effect at the time of such assignment, transaction, or activity, and any subsequent modifications shall apply only prospectively and shall not affect any prior agreements, actions, or undertakings. The version in effect at the time of your agreement shall govern your rights and obligations and is binding on all parties. If any provision of this policy is found to be invalid, illegal, or unenforceable, the remainder shall remain in full force and effect. This policy does not alter the independent status of drivers, restaurants, or other parties as applicable.
This Policy forms part of the contractual framework binding all Restaurants, Customers and Drivers using the Platform.
The purpose of this Policy is to clearly define responsibilities, reduce the likelihood of disputes, and ensure fair and consistent treatment for all parties using the Platform. It is designed to provide balanced and proportionate protection to restaurants, delivery drivers, customers, and the Platform in the event of a dispute. Risk associated with each order is clearly allocated and transfers in the defined sequence set out in Section 5.0: from the restaurant to the Platform’s delivery service at verified collection, and to the customer at verified handover.
The menu, pricing, descriptions, and availability of items are determined solely by the relevant restaurant. The Platform provides the technology infrastructure through which such information is displayed and does not prepare or supply food. While the Platform encourages and supports the accurate display of ingredient and allergen information, responsibility for the accuracy, completeness, and compliance of all menu content, including allergen declarations, rests exclusively with the restaurant. Customers are advised that many restaurants operate from shared or multi-use kitchen facilities, and despite best efforts, the risk of cross-contamination cannot be entirely eliminated. Customers with food allergies or intolerances should contact the restaurant directly before placing an order.
Only emails originating from addresses explicitly authorised by Virtuous Restaurants Ltd shall be deemed to represent or bind the Company. The current list of authorised email addresses is published in our Terms of Use, available at https://virtuousrestaurants.com/terms/. Any communication from an email address not listed as authorised shall have no legal effect and shall not create any obligation, agreement, or liability for the Company.
Any communication—whether verbal, written, electronic, or by any other means—not sent through a channel listed as authorised in the Terms of Use or at virtuousrestaurants.com/authorised-communications (which includes the Platform’s applications, order notifications, one-time passcode messages, the support telephone number, delivery-confirmation messages from support, and the official WhatsApp Admin number) shall have no legal effect and shall not create any obligation, agreement, or liability for the Company.
Important Note:
- The menu and available items are determined solely at the discretion of the restaurant. The Platform does NOT assume any liability for the content, availability, quality, or accuracy of the menu or any items listed on their menu.
- All customer payments are securely processed through Stripe. Any personal data collected is stored and handled in accordance with applicable data protection laws, including GDPR.
- Nothing in this Policy limits or excludes your statutory rights. Refunds and remedies for food are the responsibility of the restaurant; remedies for failures of the delivery service are the responsibility of the Platform (Section 30.13).
- This Policy and any disputes arising under it shall be governed by and construed in accordance with the laws of England and Wales.
Purpose and Origin:
This framework was created to solve a specific problem of commerce: when a customer orders food from a restaurant they have not visited, prepared by people they have not met, carried by a driver they have not chosen, to an address where they will wait — how is responsibility allocated between all parties if something goes wrong, and how is the moment of successful completion documented so that it is not disputed?
Every provision in this framework is a response to this question. The risk allocation sequence answers who bears responsibility at each stage and why. The evidence standards answer what proof is sufficient to establish that a stage completed correctly. The consumer protections answer what rights the customer retains regardless of anything else. The driver protections answer how a party who has no formal employment relationship is nonetheless treated fairly. The platform’s defined role, as technology intermediary and, for delivery orders, delivery service provider, answers what the platform that connects these parties is, and is not.
The foundational principles in Section 31.22.A.1 are the permanent layer of this framework. They answer these same questions at the level of universal commercial logic, independently of any specific technology, legal system, currency, or delivery mechanism. The specific provisions are the current expression of those principles in the legal and commercial context of England and Wales in the year 2026.
This framework is intended to be read generously — in favour of the outcome its principles point to, not the literal application of its specific words where those words no longer describe the world accurately. Future revisions replace the words. The principles are not replaced. They are the framework.
Virtuous Restaurants Ltd, Company No. 16314621, created this framework as the operational standard for its technology platform. It represents the company’s attempt to build commercial infrastructure that treats every party fairly, documents every obligation precisely, and remains coherent as technology, law, and commerce evolve. The company submits it as its best answer to the question: what does fair commerce at a distance look like when it is documented completely?
This Preamble is an interpretive guide to the foundational purpose of this framework. The operative legal terms are set out in Sections 1–31 below.
1. Scope
1.1 This Policy applies to all parties engaged in the preparation, collection, transport, or receipt of orders facilitated through the Platform.
1.2A This Policy supplements and is enforceable alongside the Platform Services Agreement, Driver Subcontractor Agreement, Driver Compliance Agreement and our Independent Driver Registration Form.
1.2B In consideration of all parties’ acceptance of this framework, the Platform makes the following affirmative commitments to every party who transacts through it:
(a) The Platform will operate its ordering technology with reasonable skill and care at all times.
(b) The Platform will ensure the key-terms summary, document links and mandatory acknowledgement box required by Section 31.2 are displayed at every checkout interface it controls, including the Marketplace App.
(c) The Platform will transmit order data, payment instructions, and delivery information accurately and without unauthorised alteration or interception.
(d) The Platform will process payments through Stripe’s regulated infrastructure without unauthorised deduction beyond the fees disclosed in each Partner Restaurant’s Platform Services Agreement.
(e) The Platform will maintain the version-controlled Policy archive described in Section 31.2 and provide any requested version within the stated timeframe.
(f) The Platform will conduct the annual governance review described in Section 31.11 by 31 January each year and publish its outcome in the manner described in that Section.
(g) The Platform will never use its position as technology intermediary or delivery service provider to benefit itself commercially at the expense of any party it connects, beyond the fees and charges disclosed in its applicable commercial agreements.
(h) The Platform will apply the foundational principles in Section 31.22.A.1 in all decisions it makes in connection with the operation of this framework.
These commitments are positive obligations of the Platform and may be relied upon by any party to this framework. They complement the restrictions on the Platform’s role described throughout this document and together constitute the complete statement of what the Platform is, what it commits to do, and what it does not do.
1.3 Order of precedence.
(a) Non-excludable consumer rights and Section 1.3A prevail over every provision of every document in this framework.
(b) As between documents: for responsibilities, order verification, delivery risk, refund procedure, complaints handling and dispute resolution, this Policy prevails, then the Terms of Use, then the Partner Restaurant’s Terms; for data protection, the Platform Privacy Policy governs the Platform’s processing and each Partner Restaurant’s Privacy Policy governs that restaurant’s processing; for the commercial relationship and financial liability between the Platform and a Partner Restaurant, the Platform Services Agreement governs (Section 31.16); for the relationship between the Platform and a Driver, the Driver Subcontractor Agreement governs, except that Sections 3 and 31.21 of this Policy prevail where they give the Driver greater protection.
(c) Within this Policy: Section 1.3A prevails, then Section 31.22.A.1, then Section 5.0, then Section 30.13, then all other Sections. Statements elsewhere in this Policy that a Section “takes precedence” operate only against informal communications and are subject to this Section 1.3.
1.3A Consumer rights override. The risk allocation sequence, evidence standards, delivery confirmation mechanisms, payment adjustment provisions and claim timeframes in this Policy allocate responsibility and liability only as between the Partner Restaurant, the Platform (including as delivery service provider) and Drivers. They do not reduce, exclude or make conditional any right or remedy a Customer has as a consumer. This includes the Customer’s rights against the Partner Restaurant under the Consumer Rights Act 2015, under which the goods remain at the Partner Restaurant’s risk until they come into the physical possession of the Customer or a person identified by the Customer to take possession of them, and the Customer’s rights against the Platform in respect of the delivery service. Where any provision of this Policy, the Terms of Use or a Partner Restaurant’s Terms could be read otherwise, this Section prevails.
1.4A In relation to the food, the Platform acts solely as a facilitator between Customers and Partner Restaurants. It does not inspect, prepare, or guarantee the quality, safety, preparation standards, or allergen handling of any orders. The Platform’s responsibilities are the reasonable operation of its ordering technology and, for delivery orders, the delivery service (Section 1.12C). Its role in complaints and disputes is set out in Section 30.13.
1.4B Alternative Delivery Confirmation Procedure: Where a Driver contacts support because a Customer cannot provide the standard PIN, support will: (1) send the SMS/email/WhatsApp alternative confirmation template to all contact details provided at checkout; (2) wait 10 minutes for response; (3) log all communications with timestamp, channel, and outcome; (4) instruct the Driver based on outcome. All alternative confirmation events are retained in the Platform’s compliance log with order reference, timestamp, channel used, customer response (if any), and driver evidence submitted.
Where a customer is physically present but no contact details are reachable, support will: (1) instruct the driver to verbally verify the customer’s order knowledge (restaurant name, items); (2) accept the customer’s in-person alternative number; (3) send the YES template to that number immediately; (4) log the alternative number, the verification steps taken, the driver’s confirmation of physical presence, and the YES reply received. All such events are logged as “verified in-person alternative confirmation” in the compliance record.
Where a Customer is unresponsive for 10 minutes from first attempted handover, the Driver must: (1) photograph the attempted delivery with timestamp and GPS; (2) contact support; (3) follow support’s instruction regarding the physical order — which may include returning it to the restaurant if within reasonable proximity. The delivery is deemed attempted from the 10-minute threshold (Section 5.0(c)(v)), and the physical order is handled as set out below.
For the purposes of this clause, knowledge of the order is demonstrated by the Customer confirming verbally to the Driver at least the name of the restaurant from which the order was placed and at least one item contained in the order. The Driver shall communicate this verification to Platform support as part of the alternative confirmation log.
Where a Customer has been unresponsive for the full 10-minute period following first attempted handover, and the Driver has documented the attempted delivery with timestamped photographic and GPS evidence, support will contact the Partner Restaurant to inform them of the situation and seek their instruction on how the physical order should be handled. The Partner Restaurant may instruct that the order be left at the delivery address in a safe and visible position, or that it be returned to the restaurant premises. Support will relay the Partner Restaurant’s instruction to the Driver. The Driver must follow that instruction and document the outcome — including a photograph of the final position of the order where it is left at the address, or confirmation of return to the restaurant. Where the Partner Restaurant cannot be reached within a reasonable operational period, support will issue instruction at its own discretion having regard to the perishable nature of the order, the distance from the restaurant, and the Driver’s safety and time. In all cases the delivery is deemed attempted from the 10-minute threshold and the Customer bears all associated risk from that point regardless of the final disposition of the physical order. The return of any perishable item to the restaurant does not create any right for the restaurant to reclaim Platform commission on that order.
The Driver must log their arrival at the delivery address through the Platform application at the point of first attempted handover. The Platform’s system automatically timestamps this event. The ten-minute unresponsive period is measured from this logged arrival timestamp. A Driver who submits an unresponsive report without a logged arrival event at least ten minutes earlier has not satisfied the ten-minute requirement.
1.5 Nothing in this Policy limits or excludes Customers’ statutory rights under the Consumer Rights Act 2015 or other applicable law.
1.6 In relation to the food, the Platform acts solely as a transaction facilitator between Customers and Partner Restaurants. It takes proactive steps to ensure that allergen information, dietary options, and other order-related details are clearly presented to Customers during the ordering process. However, the Platform does not inspect, prepare, or guarantee the quality, safety, allergen handling, or availability of any orders, and its responsibilities are limited to the reasonable operation of its ordering technology infrastructure (including accurately displaying the information the Partner Restaurant supplies) and, for delivery orders, the delivery service (Section 1.12C). Every statement in this Policy that the Platform is not liable for menu content, allergens or food (including the Important Note in the preamble and Sections 2.20, 4.10, 6.2, 6.7, 26.2, 27.8 and 30.3A) is subject to this responsibility and to the exception in Section 1.20.
Where the Platform implements customer dietary preference or allergen profile features, such features are provided as a convenience tool only. The Platform does not guarantee that allergen filtering is complete or error-free, and the Partner Restaurant remains solely and exclusively responsible for the accuracy of all allergen information displayed. Customers with allergies must always contact the restaurant directly regardless of any platform filtering applied to their account. The existence of a dietary preference or allergen profile feature does not transfer, reduce, or modify the restaurant’s sole responsibility for allergen compliance.
1.7 All order acknowledgments, Delivery Code submissions, and photographic/video evidence create a binding digital record. Customers acknowledge that these records are the primary evidence of handover for the purposes of Section 5.0.
Delivery confirmation tools, including PIN systems, are used solely as logistical confirmation mechanisms and do not limit, waive, or replace a Customer’s statutory rights under applicable law.
Where a Customer provides incorrect contact details at checkout and is consequently unable to receive standard delivery confirmation communications, any alternative confirmation mechanism employed by the Platform (including but not limited to SMS, email, or WhatsApp confirmation requests sent to the details provided at checkout) shall constitute valid delivery confirmation for the purposes of this Policy upon the Customer’s affirmative response. A Customer’s affirmative response (“YES”, “yes”, “confirmed”, “received”, or any other unambiguous affirmative word or phrase clearly confirming receipt — an ambiguous, conditional, or negative response does not constitute an affirmative response for the purposes of this clause) to which the Platform’s confirmation request was sent constitutes acceptance of the order and triggers risk transfer in the same manner as PIN confirmation. Where a Customer provides no response within ten (10) minutes of an alternative confirmation request, and the Driver has documented attempted delivery with timestamped photographic and GPS evidence, delivery shall be deemed attempted, with the same effect for payment and risk as a completed delivery (Section 5.0(c)(v)). The Customer’s provision of incorrect contact details at checkout constitutes failure to comply with Platform procedures under Sections 2.17 and 2.23, and any resulting inability to confirm delivery via standard means is the Customer’s sole responsibility. The Platform’s liability for non-delivery in such circumstances is excluded to the maximum extent permitted by law.
Where a Customer is physically present at the delivery address but all pre-provided contact details are incorrect, the Platform may accept confirmation of delivery via an alternative number provided by the Customer in person at the time of delivery, provided the Driver has verified physical presence at the correct address and the Customer has demonstrated knowledge of the order. Such confirmation, once provided, has the same legal effect as PIN or YES confirmation under this clause.
Where a Customer responds to an alternative confirmation request with a negative or unclear response (including but not limited to “NO,” “not received,” or similar), or where a Customer physically takes possession of the order and retreats inside without providing either a PIN or a YES confirmation, the following procedure applies:
(i) The Driver must immediately photograph the delivery address, the timestamp, and their GPS location. Where possible, the Driver should also photograph or video the door that was closed after the bag was taken.
(ii) The Driver must notify support immediately, providing the order reference, the exact response received (or description of what occurred), and all photographic evidence.
(iii) Where a Customer has physically taken possession of the order, risk transfers to the Customer from the point of physical possession, regardless of whether a PIN or YES confirmation was provided. A Customer cannot simultaneously take physical possession of goods and claim non-delivery. This principle is recorded in the Platform’s compliance log with the Driver’s account of events as contemporaneous evidence.
(iv) Where a Customer affirmatively responds NO — indicating they are rejecting the order at the door — the Driver must not leave the order. The Driver must contact support immediately, retain the order at the address for a further 5 minutes, and then follow support’s instruction on physical return of the order. Where the pre-seal photograph and intact seal show that the order was correct and complete, the Customer remains liable for the full order value and any re-delivery costs.
(v) All such events are logged as “disputed handover” in the Platform’s compliance record. Section 30.13 applies.
For the avoidance of doubt, the specific delivery confirmation mechanisms described in this Policy represent current operational implementations only. Any future mechanism that produces independently verifiable, tamper-evident, timestamped proof of delivery to the correct recipient at the correct address has equivalent legal effect to PIN confirmation, subject to the technology-neutral principles in Section 31.22.A.7.
1.8 Delivery services depend on driver availability, network conditions, and other operational factors outside the Platform’s control. The Platform will use reasonable skill and care to display current availability information; however, delivery or pickup may not be available for every location, time slot, or period of high demand, and availability may change without notice. Partner Restaurants must not rely on or expect delivery to be available at all times.
1.9 Any preparation, collection, or delivery times displayed by the Platform on behalf of the Restaurant to its Customers are approximate estimates provided for general guidance only and do not constitute a firm offer, representation, or contractual guarantee. Actual times may vary due to factors beyond the Platform’s control, including but not limited to order volume, traffic conditions, weather, or technical disruptions.
Where the Platform implements real-time order status tracking, including kitchen preparation status, sealing confirmation, and driver collection status, all timestamps and status updates displayed are generated by the Platform’s operational systems and constitute part of the Platform’s compliance record for that order. Display of such information does not alter the risk allocation sequence in this Policy or create any additional liability for the Platform where actual times vary from displayed estimates.
Where the Platform provides predictive demand forecasting or preparation timing tools to Partner Restaurants, such tools are provided as operational guidance only. All predictions, estimates, and recommendations generated by such tools are non-binding. The Partner Restaurant remains solely responsible for all operational decisions including staffing, preparation capacity, and order acceptance. The Platform makes no warranty regarding the accuracy of any predictive tool and accepts no liability for any operational or financial consequence arising from a Partner Restaurant’s reliance on such tools
1.10 By confirming an order, the Customer acknowledges that any delivery or collection times provided by the Platform are indicative only and for guidance purposes. Actual times may vary due to factors beyond the Platform’s or Restaurant’s control, including but not limited to order volume, traffic, weather, or driver availability. The Platform and the Restaurant will exercise reasonable skill and care to minimise delays but, subject to Section 1.3A, shall not be liable for any delay, temporary unavailability, or driver shortage. Customers accept that these circumstances are inherent to the service and do not constitute a breach of contract.
1.11 Once a delivery order has been accepted by a Restaurant, it may not be cancelled or refunded solely due to any delay, including delays in driver assignment or variation in timing, except where a refund is expressly required under applicable consumer protection law. The Platform and Restaurants will exercise reasonable skill and care to minimise delays, and such circumstances shall not constitute a breach of contract, misrepresentation, or unfair practice.
1.12A The Platform operates an online marketplace and, for delivery orders, provides the delivery service described in Section 1.12C. It does not own, operate or manage any restaurant, and it does not guarantee the availability of Drivers or of delivery at any particular location or time (Section 1.8).
For the avoidance of doubt, references in this Policy to “Driver,” “Delivery Driver,” or “independent driver” refer to the independent subcontractor who carries out the delivery on the Platform’s behalf from the point of collection until confirmed handover (Section 1.12C), regardless of the physical means by which delivery is accomplished. References to any specific technology, application, device, or delivery mechanism describe the current operational implementation only and do not limit the scope of this Policy to any particular technology. Where the Platform introduces new delivery mechanisms, fulfilment methods, or operational tools, this Policy applies to those mechanisms to the extent they involve the acceptance of an order, its transport, and its handover to a customer, unless the Platform issues an updated version of this Policy in accordance with Section 31.11.
Where the Platform operates an autonomous delivery mechanism (including but not limited to drone, autonomous vehicle, or robotic delivery system), all references in this Policy to “Driver,” “collection,” “delivery,” and “handover” shall be interpreted in accordance with the operational parameters of that delivery mechanism. In such cases: (a) “collection” refers to the moment the autonomous delivery mechanism accepts possession of the order from the restaurant premises; (b) “delivery” refers to the confirmed placement of the order at the customer’s designated delivery location as recorded by the Platform’s autonomous system; (c) ‘delivery confirmation’ refers to the completion mechanism used by the autonomous system in lieu of the standard PIN confirmation — which may include geofenced confirmation, photographic evidence, customer app confirmation, or a combination thereof, with equivalent legal effect to the standard PIN; (d) all risk allocation provisions in this Policy apply equally to autonomous delivery mechanisms as to human driver delivery, with the Platform bearing delivery risk directly, in place of a Driver, from acceptance by the autonomous mechanism until verified placement (Section 5.0(b)).
1.12B Autonomous Delivery and Driver Non-Involvement: Where the Platform deploys autonomous delivery mechanisms (including drone delivery systems) for any order, no independent human delivery driver is involved in or responsible for that delivery. All delivery risk for autonomously delivered orders passes from the restaurant to the Platform at the point of acceptance by the autonomous delivery mechanism. The autonomous delivery system operates as a Platform-managed infrastructure component. Independent human drivers have no authority to accept, intercept, or influence any autonomously assigned delivery. Driver Suppliers who refer independent human drivers have no commercial entitlement to any aspect of the Platform’s autonomous delivery operations, and their Driver Supplier Agreement does not extend to autonomous delivery mechanisms under any circumstances.
1.12C Delivery service provider. Where an order is delivered by a Driver assigned through the Platform or by an autonomous delivery mechanism, Virtuous Restaurants Ltd is the provider of the delivery service. The Platform engages independent Drivers as its subcontractors under the Driver Subcontractor Agreement and remains responsible, to the Partner Restaurant and to the Customer, for the delivery service being performed with reasonable care and skill, subject to the limits in Section 26.5. The Platform does not prepare, sell or supply food; the contract for the supply of food remains between the Customer and the Partner Restaurant. As between the Platform and the Partner Restaurant, the Platform bears the risk of loss of or damage to an order from verified collection until verified handover (Section 5.0), except to the extent the loss or damage results from the Restaurant’s packaging or preparation. The Platform may recover such losses from the responsible Driver only in accordance with Sections 3.1C to 3.26. The Platform maintains insurance appropriate to its role as delivery service provider (Section 31.21.A.8). Orders delivered by a Partner Restaurant’s own staff or its own third-party courier are outside this Section and are the Restaurant’s responsibility. Nothing in this Policy that describes Drivers as independent contractors limits the Platform’s responsibility under this Section.
1.13 Verbal statements, emails, app notifications, or other informal communications cannot create additional obligations or override the terms set out by the Platform. All parties acknowledge that the written provisions of this Policy govern availability, timing, risk, refunds and liability, subject to Section 1.3.
1.14 Delivery and collection services depend on restaurant capacity, driver availability, network conditions, and other operational or logistical factors beyond the control of the Platform or Partner Restaurants. The Platform will use reasonable skill and care to display current availability, but makes no representation, promise, or guarantee that delivery or collection options will be available at any location, time, or under any conditions. Customers, Drivers, and Restaurants acknowledge that services may be temporarily unavailable and accept that the Platform and Partner Restaurants shall not be liable for such unavailability.
1.15A The Platform does not guarantee continuous or uninterrupted access to the service for Partner Restaurants, including during app updates, scheduled maintenance, periods of high demand, or technical disruptions. Users acknowledge that temporary unavailability may occur and accept it as a normal part of the service.
1.15B The Platform may from time to time change the third-party ordering technology provider, delivery management system, or driver application used to operate the Platform’s services. The Platform will provide Partner Restaurants and registered Drivers with reasonable advance notice of any such change via the email address on record. A change of technology provider does not constitute a material change to the contractual obligations of any party under this Policy, the Platform Services Agreement, or the Driver Subcontractor Agreement, provided that the core operational framework — including the order verification and sealing procedure, the PIN confirmation system, the risk allocation sequence, and the compliance obligations of each party — remains in effect under the replacement technology. All parties are required to cooperate reasonably with any transition to a replacement technology provider.
1.15C Where the Platform provides Enhanced Technical Services to a Partner Restaurant pursuant to a Technical Services Activation Notice under the Platform Services Agreement — including but not limited to a branded restaurant-specific mobile ordering application — all provisions of this Policy apply in full to orders processed through any such Enhanced Service. The provision of Enhanced Services does not alter, expand, or modify the Platform’s role under Sections 1.12C and 30.13 or the risk allocation framework under this Policy. Enhanced Services are provided at the Platform’s discretion and do not create any additional duty of care, warranty of performance, or liability on the Platform’s part beyond what is expressly set out in the Enhanced Technical Services Addendum.
1.16 Customers represent and warrant that they understand how to use the Platform correctly. They are responsible for carefully placing their orders and reviewing all details displayed on the screen, including any information at the top of the checkout page. By placing an order, the Customer is deemed to have accepted all such details. Any misuse, misinterpretation, or failure to follow Platform instructions is the sole responsibility of the Customer, and the Platform shall not be liable for any resulting errors, losses, or issues.
1.17 Once an order is accepted by the Restaurant, the Restaurant is responsible for the food. Once it is collected, the Platform is responsible for the delivery service (Section 1.12C). The Restaurant decides refunds and compensation for the food; the Platform decides remedies for failures of its delivery service (Section 30.13).
1.18 Where a Customer provides the Driver with any required confirmation, including a PIN or other acceptance code, the order is deemed to have been received with the correct number of sealed bags and seals intact (Section 2.6). In such cases, the Restaurant shall have discretion to determine whether any refund or compensation is offered. The Restaurant is not obliged to provide refunds or compensation for complaints relating to minor dissatisfaction or subjective preferences, provided that the order complies with statutory consumer rights, including that the food is of satisfactory quality, as described, and fit for purpose. The Customer acknowledges and accepts that placing an order constitutes agreement to these terms and that, in relation to the food, the Platform is acting solely as a facilitator.
1.19 By placing an order or engaging with the Platform, Users acknowledge and electronically accept all policies, disclaimers, risk allocations, and limitations of liability clearly presented to them on the Platform, including through any independent driver registration form or restaurant contractual agreement. These terms are intended to be legally binding and enforceable under UK law.
1.20 Many Partner Restaurants operate shared kitchens where cross-contamination of allergens may occur. All allergen and ingredient information is provided and maintained by the Restaurant, which is legally required to declare every allergen used as an ingredient. The Platform requests confirmation of this information at least every three months (Section 31.21.A.6); however, the Restaurant is solely responsible for the accuracy and currency of the information displayed. Customers with allergies or dietary restrictions must contact the Restaurant directly before placing an order to confirm suitability. By placing an order, the Customer acknowledges and accepts the potential risk of allergen exposure in shared kitchens. The Platform shall not be liable for any allergic reactions, adverse health events, or other consequences arising from the Customer’s order, except to the extent caused by the Platform’s failure to display accurately the allergen information supplied by the Restaurant.
2. Customer Responsibilities
2.1 Customers should, where reasonably possible, verify at the time of delivery that they have received the correct order. The Delivery Code (security PIN) should only be provided once the Customer confirms receipt of the delivery.
For hygiene and safety reasons, sealed food packaging should not be opened in the presence of the Driver. The Driver is not responsible for verifying the contents of sealed items. Submission of the Delivery Code confirms receipt of the delivery only and does not constitute acceptance of the contents of sealed items, nor does it affect the Customer’s statutory rights under applicable law. Any issues relating to missing items, incorrect orders, or product quality must be reported to the Restaurant (or to the Platform, which will forward them; Section 17.1) promptly after delivery. All claims will be assessed by the restaurant fairly based on available evidence, including order records and delivery confirmation data.
The platform’s role in any subsequent complaint is as set out in Section 30.13.
Nothing in this clause affects the Customer’s statutory rights.
For the avoidance of doubt, the purpose of inspection is to verify that the number of sealed items received corresponds to the order and that no packaging is visibly damaged, tampered with, or missing. Customers are not required or expected to open sealed packaging before providing the PIN. Any concern about the contents of sealed packaging must be raised with the restaurant after delivery.
2.2 Customers must report any missing, incorrect, or damaged items to the Restaurant (or to the Platform, which will forward them; Section 17.1) within 24 hours of delivery to be eligible for discretionary compensation. Claims submitted after this period may not be accepted, except to the extent required under statutory consumer rights, including those under the Consumer Rights Act 2015.
For the avoidance of doubt, the 24-hour reporting window in this clause applies only to discretionary compensation claims. It does not apply to, and nothing in this Policy limits, any claim arising from food-borne illness, allergic reaction, food safety failure, or any other adverse health event caused by consumption of the food. Where a Customer is unable to report within 24 hours due to illness, hospitalisation, medical emergency, or any other health-related circumstance arising directly from the consumption of the food in question, their statutory rights against the restaurant under the Consumer Rights Act 2015 and applicable food safety legislation are wholly unaffected regardless of when the report is made. The Platform encourages any Customer who experiences illness following consumption of food ordered through the Platform to seek medical attention immediately, retain all medical documentation, and contact the relevant Partner Restaurant as soon as they are able.
2.3 Customers must not provide the Delivery Code to the Driver if any items are visibly missing, damaged, or incorrect at the point of handover, and should instead raise the concern with the Driver immediately, who must contact platform support on +44 7861 409509 before leaving the delivery address. The customer must not refuse to accept the sealed delivery solely on the basis of suspected missing items without following this procedure. Any complaint about order accuracy must be raised directly with the restaurant. Contact details for the restaurant are available through the platform app. The platform’s role in any subsequent complaint is as set out in Section 30.13.
2.4 The Platform, Independent Drivers, and Partner Restaurants shall not be liable for failed or delayed deliveries resulting from incorrect addresses, inaccessible or unsafe premises, no response from the Customer after 10 minutes of attempted handover, or failure to provide the correct PIN. Delivery shall be deemed completed once the Customer takes possession of the order or provides the correct PIN (Section 5.0(c)), and is deemed attempted, with the same effect for payment and risk, if the Driver has reasonable timestamped photographic, video, or digital proof of attempted delivery and the Customer is unavailable or unresponsive after 10 minutes (Section 5.0(c)(v)). Customers are expected to accept delayed deliveries, and any refusal solely due to delay shall be considered the Customer’s responsibility, unless the delivery time was agreed as essential (Section 2.10). Nothing in this clause affects statutory rights under UK consumer law, including the right to reject goods that are not of satisfactory quality, as described, or fit for purpose.
2.5 At handover, the Customer should check in the Driver’s presence that the number of sealed items corresponds to the order and that no packaging is visibly damaged or tampered with (Section 2.1), and should provide the Delivery Code only after that check. If a Customer takes possession of the order without checking it in the Driver’s presence, delivery is treated as completed for the purposes of Section 5.0; this does not affect the Customer’s right to report issues with sealed contents under Section 2.2. If the Customer accepts the order without providing the Delivery Code, the order is treated as delivered (Section 1.7(iii)). Submission of the Delivery Code or other confirmation constitutes the Customer’s acknowledgment that the correct number of sealed bags was received with seals intact. In the event of a dispute about delivery completion, the Platform determines it under Section 30.13(c)(i) on the basis of its objective records.
2.6 Submission of the Delivery Code to the Driver confirms the bag count and seal integrity only (Section 2.1). Customers must report any missing or incorrect items for discretionary compensation within 24 hours of delivery. Claims outside this period may not be accepted, except for statutory rights under UK law, which remain unaffected.
2.7 Customers are entitled to a reasonable opportunity to visually verify, in the Driver’s presence, that the sealed items presented correspond to their order, as described in Sections 2.1 and 2.5. This visual verification period is up to 30 seconds in accordance with Section 3.13, reflecting that this check confirms item count and seal integrity only and does not involve opening sealed packaging. Submission of the PIN code constitutes confirmation by the Customer that this visual verification has taken place and that they accept the order for the purposes of delivery completion. Any concern about the contents of sealed items is addressed through the 24-hour reporting window in Section 2.2. Nothing in this Policy prevents Customers from raising legitimate complaints directly with the Partner Restaurant or the Platform in accordance with UK consumer law.
2.8 Once an order has been accepted by the restaurant, it cannot be cancelled (see the Merchant Category Definition for goods other than freshly prepared food). Orders are sent directly to the restaurant for immediate preparation. Preparation and delivery times are estimates only and not guaranteed.
2.9 Orders are final once accepted by the restaurant, and any modifications or refunds are at the sole discretion of the Partner Restaurant, except as required under applicable UK consumer law. Substitutions are made only with the Customer’s consent (Section 13.2). Once the order is accepted and preparation has begun, the Restaurant commits time, ingredients, and other resources, and refunds will generally not be issued except as required under applicable UK consumer law. If an item is unavailable, the Customer will be contacted to arrange a suitable replacement. By placing an order, Customers acknowledge and accept that delays, unavailability, substitutions, or other changes to the order may occur and are beyond the reasonable control of the Partner Restaurant and Platform.
2.10 All preparation, pickup, and delivery times shown on the Virtuous Restaurants Platform are estimated only and provided for guidance purposes. While restaurants and drivers always aim to meet scheduled times, occasional delays can occur due to order volume, traffic, or other factors beyond their control. Delays in delivery, including those caused by traffic, accidents, weather, or driver availability, do not in themselves constitute a failure to supply goods under UK consumer law. Where a specific delivery time was agreed as essential (for example a scheduled order for a stated event time) and is not met, the Customer’s statutory rights apply.
2.11 Once an order has been accepted by the restaurant, it cannot be cancelled and is not refundable on change of mind, whether for delivery or pickup except as required by applicable UK consumer protection law including the Consumer Rights Act 2015. Selecting or specifying a pickup or delivery time does not create a guarantee that the order will be ready or delivered exactly at that time. The Platform, restaurants, and drivers are not liable for delays or for any related refunds, discounts, or compensation unless required by UK consumer law (for example, if the food is unsafe or not as described, or an essential delivery time under Section 2.10 is missed).
2.12 [Intentionally left blank — see Sections 2.10 and 1.12C.]
2.13 [Intentionally left blank — see Section 2.10.]
2.14 [Intentionally left blank — see Section 2.10.]
2.15 Customers are not entitled to cancel, or to a change-of-mind refund, once an order has been accepted, including for pickup orders, except as required by statutory consumer rights (and subject to the Merchant Category Definition).
2.16 Customers acknowledge that they have read and agreed to all terms, including inspection, Delivery Code submission, and risk allocation. Customers with questions about this Policy may contact support@virtuousrestaurants.com before ordering.
2.17 Customers are solely responsible for providing accurate delivery or pickup information. Incorrect addresses, inaccessible locations, or unsafe premises transfer all associated risks to the Customer. Without limitation, incorrect delivery address, telephone number, or email address constitutes inaccurate information for the purposes of this clause. Where incorrect contact details prevent standard delivery confirmation, the Customer bears all associated risk.
2.18 Allergen information shown on the product page is provided by the Partner Restaurant, which is legally responsible for its accuracy. Kitchens may handle allergens, so Customers with a severe allergy or intolerance should confirm with the Partner Restaurant before ordering. The Platform’s responsibility is limited to displaying accurately the information the Partner Restaurant supplies.
2.19 [Intentionally left blank — see Section 2.10.]
2.20 Customers with allergies or dietary restrictions must confirm with the Partner Restaurant directly. The Platform is not liable for the presence of allergens, cross-contamination, or unsafe preparation of food.
2.21 [Intentionally left blank — see Section 2.10.]
2.22A [Intentionally left blank — see Section 2.10.]
2.22B Where an order is lost or damaged in transit (including through theft, robbery or accident), the Customer is entitled to a refund or redelivery and may raise this with the Restaurant or the Platform; the Customer is not required to provide police or other official documentation. As between the Restaurant and the Platform, the loss is borne by the Platform (Section 1.12C).
2.23 Customers acknowledge that the Platform is designed for users who can accurately place orders, provide correct delivery information, submit Delivery Codes, and inspect orders upon receipt. Customers who fail to follow instructions, misunderstand how the Platform operates, or provide incomplete or inaccurate information assume all associated risk. The Platform, Partner Restaurants, and Drivers shall not be liable for any losses, delays, errors, or disputes arising from misuse, misunderstanding, or failure to comply with Platform procedures. By placing an order, Customers confirm that they have read, understood, and agree to comply with all instructions and procedures.
2.24 Orders accepted by a Restaurant cannot be cancelled or refunded solely because of delays, temporary unavailability, or estimated timing discrepancies, except where consumer law mandates otherwise. Customers acknowledge and accept that timing is approximate, and orders proceed at their own risk.
2.25 Any estimated preparation, delivery, or arrival times, suggested order modifications, or menu recommendations are for guidance only. Users agree they have not relied on any statements, endorsements, or estimates as a binding guarantee.
2.26 Any photographic, video, GPS or digital evidence submitted must be unaltered and in its original format. Evidence found to have been deliberately altered is disregarded, and Section 15 may apply. Customers are not required to provide evidence in order to exercise their statutory rights.
2.27 Minor deviations in quantity, portion size, packaging, or appearance of delivered items do not constitute grounds for a refund, except where required by statutory consumer law.
2.28 [Intentionally left blank — see Sections 2.23 and 1.3A.]
2.29 At handover, the Customer should check, in the Driver’s presence, that the number of sealed bags matches the order and that the seals are intact (Sections 2.1, 2.7 and 3.13). Visible problems at the door (a missing bag, damaged packaging or a broken seal) should be raised with the Driver before the PIN is given (Section 2.3). If the Customer takes the bags and closes the door without giving the PIN, delivery is treated as completed under Section 1.7(iii). Issues with the contents of intact sealed packaging may be reported to the restaurant within 24 hours under Section 2.2. Nothing in this Section limits the Customer’s statutory rights (Section 1.3A).
2.30 The Customer fully understands, acknowledges, and agrees that in respect of any order, including but not limited to any order placed in advance or scheduled for a future date and/or time (“Scheduled Order”), the Restaurant shall retain sole, absolute, and unfettered discretion to determine whether such order shall be accepted, prepared, fulfilled, or cancelled, and whether any refund, credit, or compensation shall be granted to the Customer. By placing an order, the Customer accepts that, once accepted by the Restaurant, orders are final and binding (subject to Section 1.3A), and that the choice of order is at the Customer’s own risk, and that no refund, cancellation, or modification shall be available once the order has been confirmed, except where the Restaurant, in its sole and absolute discretion, elects to authorise such refund or cancellation. Where the Restaurant authorises a refund, the Customer receives the authorised amount in full. Any payment processing or Platform charges associated with the refunded order are settled between the Restaurant and the Platform under the Platform Services Agreement and are never deducted from the Customer’s refund. Refund of the Platform’s own fees to the Customer is governed by Section 2.30A. If the Restaurant declines to authorise a refund, the Customer shall have no claim or entitlement whatsoever to any refund, credit, or compensation, and the Restaurant’s decision in this regard shall be final as between the parties for the purposes of any discretionary goodwill remedy, subject always to the Customer’s non-excludable statutory rights set out below. The Customer further acknowledges that the Platform is not responsible for the Restaurant’s decisions on acceptance, cancellation or food refunds; the Platform’s own responsibilities are set out in Sections 1.12C, 2.30A and 30.13. Nothing in this clause affects or limits any non-excludable rights available to Customers under the Consumer Rights Act 2015 or any other applicable UK consumer protection law. Customers retain their full statutory right to seek remedies from the restaurant in connection with any order.
2.30A Platform fees. The Platform’s delivery fee and any Platform service fee are payable for the Platform’s ordering and delivery services. Where a restaurant issues a goodwill refund for the food and the Platform’s services were properly provided, these fees are not refunded. They are refunded in full where: (a) the restaurant cancels or cannot fulfil an accepted order (Sections 4.36 and 4.37); (b) the order was not transmitted to the restaurant (Section 22.4); (c) the Platform’s delivery service was not properly performed (for example non-delivery, delivery to the wrong address, or loss or damage in transit); or (d) a refund is otherwise required by law. In case (a), the Platform may recover these amounts from the restaurant under the Platform Services Agreement.
2.31 Provision of a Delivery Code, or taking possession of the order without providing a Delivery Code, constitutes confirmation that the order has been delivered with the correct number of sealed bags and seals intact (Section 2.6), subject to statutory rights.
2.32 The Customer using the restaurant’s ordering systems fully acknowledges and understands that any mandatory administration fee applied to their order is included in the prices shown from the outset (or, where it cannot be calculated in advance, its amount or method of calculation is shown alongside every price) and appears again in the total before payment, including on the QR self-ordering system, and agree to pay the admin fee as part of their order. Customers are responsible for reviewing their order and total charges, including the Admin Fee, before confirming payment. Use of the QR self-ordering system or website ordering system is optional, and customers may choose alternative ordering methods such as staff-assisted ordering, which does not include the fee. Customers acknowledge that the Admin Fee is mandatory, is not a tip, service charge, or gratuity, and cannot be removed or refunded except where statutory rights under UK law apply.
2.33A In respect of the Admin Fee, customers of the Restaurant menu they are ordering from acknowledge that their contract for the order is with the restaurant, and that the platform acts solely as a technology provider executing the restaurant’s instructions, is not a party to the contract, and has no discretion over the application, calculation, or legality of the Admin Fee. By placing an order, customers confirm they understand the fee, their obligations regarding order review and payment, and that the platform is not responsible for the fee’s legality, calculation, or disclosure. Customers retain all statutory rights afforded under UK consumer protection law, including rights to refunds or remedies where applicable.
2.33B Customers acknowledge that Partner Restaurants may, at their sole discretion, apply different prices, fees, and surcharges across different ordering channels (including but not limited to dine-in, pickup, delivery, and in-venue digital ordering) and that the price displayed at the point of ordering on the Platform is the only price applicable to that transaction. The Platform does not control, verify, or guarantee that prices displayed on the Platform are identical to prices available through any other channel operated by the Partner Restaurant, including physical menus, external websites, or other ordering systems. Customers are responsible for reviewing all pricing information before submitting their order.
2.34 Delivery of orders through the Platform is provided by the Platform as delivery service provider and carried out by independent Drivers it engages as subcontractors, or by its autonomous delivery mechanisms (Section 1.12C). Issues relating to late, missing or undelivered orders may be raised with the Restaurant or with the Platform at support@virtuousrestaurants.com. Either will pass the issue to the other, and raising it with either within the applicable time limit counts as raising it in time.
2.35 The Platform and Partner Restaurants are committed to compliance with the Equality Act 2010. Customers who require a reasonable adjustment to any procedural requirement in this Policy — including but not limited to the inspection period at the point of delivery, the timeframe for reporting missing or damaged items, the method of providing delivery confirmation, or any other procedural step — due to a disability, medical condition, or other protected characteristic are invited to contact the relevant Partner Restaurant or the Platform at support@virtuousrestaurants.com. Reasonable adjustments will be considered and implemented in accordance with applicable law. No Customer shall be penalised under this Policy for failure to comply with a procedural requirement where that failure was caused by a disability or other protected characteristic and no reasonable adjustment was made available. Nothing in this clause limits any right available to a Customer under the Equality Act 2010.
2.36 Where a Driver, in the course of attempting delivery, encounters a Customer who appears to be in immediate medical distress, or where circumstances at the delivery address give reasonable grounds to believe that an occupant requires emergency assistance, the Driver must contact the emergency services (999) immediately and notify Platform support at +44 7861 409509. The Driver must not leave the delivery address until emergency services have been contacted. Delivery completion in such circumstances is suspended and the Platform will treat the order as an attempted delivery for all risk allocation purposes from the point at which the Driver documented the circumstances with timestamped photographic evidence. No adverse consequence shall attach to any Driver as a result of their reasonable response to such a situation, including the non-completion of delivery and any associated time delay. The Platform encourages all registered Drivers to familiarise themselves with basic first-aid guidance and the procedure for contacting emergency services.
2.37 Where an ordering Customer has placed an order for delivery to a third-party address and has disclosed, at checkout or in the delivery instructions, that the intended recipient has a disability or medical condition that may affect their ability to respond at the door within the standard 10-minute period, the reasonable adjustment obligations in Section 2.35 apply to the recipient at the delivery address, and the ordering Customer shall not be held responsible for the recipient’s disability-related inability to comply with any procedural requirement under this Policy. The Platform will treat any disclosed third-party disability-related accommodation request in accordance with the Equality Act 2010 and the standard reasonable adjustment procedure described in Section 2.35.
2.38 Where a Customer’s order includes alcohol or any other age-restricted item, this is indicated to the Customer by an on-screen notice shown when the item is selected or viewed within the Platform’s ordering interface. The Customer acknowledges that they may be asked to provide valid photo identification confirming they are 18 years of age or over before the order is released to them, whether at delivery or at collection (the Challenge 25 standard in Section 3.27 applies). Failure to provide valid identification when requested, or a reasonable belief on the part of the Driver or the Partner Restaurant that the Customer is under 18, will result in the order not being released, and will be treated as an attempted delivery (Section 3.27) or a failed collection. Nothing in this clause affects the Customer’s statutory rights.
3. Driver Responsibilities
3.1A All registered independent drivers engaged through the Platform are independent contractors operating under their individual Driver Subcontractor Agreements with Virtuous Restaurants Ltd. Nothing in this Policy or the payment adjustment provisions below creates or implies any employment, worker, agency, or dependent contractor relationship between any driver and the Platform. Payment adjustments described in this section are contractual payment mechanisms governed by the Driver Subcontractor Agreement between the Platform and the relevant independent driver (subject to Section 1.3(b)). They are not dispute resolution decisions and are not governed by the complaint, refund, or dispute resolution provisions of this Policy. Payment adjustments are determinations under Section 30.13(c)(iv) and are made only on the grounds in Section 3.1C. Participation in the Platform’s delivery operations is entirely voluntary. No driver is under any obligation to accept any delivery opportunity. These provisions apply only to deliveries that a driver has voluntarily accepted and completed or partially completed through the Platform’s official application.
3.1B The Platform operates a mandatory pre-seal photographic verification system. Every registered independent driver is required to capture a timestamped pre-seal photographic record of the complete order contents at the point of collection from the partner restaurant, before the tamper-evident seal is applied in accordance with Section 3.2A, and a timestamped photographic record confirming delivery at the point of handover to the customer. These records are automatically uploaded to the Platform’s system through the official driver application. PIN confirmation constitutes the primary record of completed delivery. The delivery PIN is sent to the customer by SMS, email or in-app notification. When the customer gives the PIN to the Driver and the Driver enters it in the Platform’s driver application, this constitutes the primary evidence that the order was delivered to the correct recipient at the correct address, subject to Sections 3.22A and 3.23. The PIN confirmation timestamp and GPS coordinates are recorded automatically by the Platform’s system. A pre-seal photograph showing the complete order at the point of collection, an intact seal at delivery, and a valid PIN confirmation at the point of delivery constitutes conclusive evidence that the driver fulfilled their delivery obligation correctly and completely. In these circumstances no payment adjustment may be made to the driver’s earnings in connection with that delivery regardless of any subsequent customer complaint about missing items, incorrect items, or damaged items. Responsibility for the contents of a sealed order rests entirely with the partner restaurant that packed and sealed it. The pre-seal photograph and PIN confirmation records held by the Platform constitute the primary evidence record for the purposes of payment adjustments under this Policy and the Driver Subcontractor Agreement (subject to Section 1.3A). No other evidence submitted by any party takes precedence over these records.
3.1C Payment adjustments may be made only in the following circumstances, and only where the Platform’s own automatically generated system records (GPS records, timestamps, in-app photographs, PIN and confirmation records, and seal-integrity confirmation) objectively establish them: (a) delivery to an address materially different from the confirmed delivery address, or to the wrong recipient, without valid confirmation from the correct Customer (Sections 3.22A and 3.23); (b) loss of or damage to an order during transit caused by the Driver’s own actions or omissions (Sections 3.19B and 3.21A); (c) abandonment of an accepted delivery (Section 3.20A). The absence of a pre-seal photograph does not by itself establish Driver fault, but it removes the primary evidence protection available to the Driver. Subjective allegations by any party, including a Partner Restaurant or Customer, that are unsupported by the Platform’s objective records are never sufficient for a payment adjustment. Every proposed adjustment follows the notification and response procedure in Sections 3.25 and 3.26.
3.1D Payment adjustments shall not be applied as a penalty, deterrent, or disciplinary measure. They represent only the recovery of a documented and proportionate loss directly caused by a specific and evidenced driver action or omission.
3.2A Drivers must check all items and packaging at the point of collection. Any missing items, leakage, or unsealed packaging must be reported immediately to the restaurant. Drivers must ensure that all items in the order are complete, undamaged, and correctly packaged at the restaurant before attempting delivery. Any discrepancies or missing items must be reported to the partner restaurant or dispatch team before approaching the Customer. Under the mandatory pre-seal photographic verification system (Section 3.1B), the Driver must photograph all order items visibly laid out before restaurant staff applies the designated tamper-evident seal. Such photographs must be captured through the Platform’s driver application, which shall automatically record a timestamp and GPS location at the point of capture. A minimum of one photograph and a maximum of three photographs must be taken, collectively showing the complete order contents. These photographs constitute the primary record of order contents at the point of collection. Where a valid pre-seal photograph record exists and the driver accepts the sealed order without objection, the driver is responsible for keeping the sealed package intact and complete (by number of bags) until handover. The driver is not responsible for the contents of an intact seal (Section 3.13).
The Driver must maintain continuous and uninterrupted visual contact with all photographed items from the moment photograph capture is complete until the tamper-evident seal is fully applied and the sealed package is in the Driver’s physical possession. Any break in the Driver’s visual contact between photograph capture and seal application must be immediately logged as a collection anomaly in the Platform application. Where a collection anomaly is logged the evidentiary value of the pre-seal photograph is reduced and the Driver must request re-photography of the complete order before accepting the sealed package.
3.2B Collection Verification: Where the Platform’s driver application implements a collection PIN mechanism, the Driver must present their collection PIN code to restaurant staff before receiving the order. Restaurant staff must verify the PIN against the Platform’s order management system before releasing the order to the Driver. Where the Driver does not present a valid collection PIN and the restaurant has been configured to require PIN verification at collection, the restaurant must not release the order and must contact Platform support at +44 7861 409509. The collection PIN constitutes the formal record of the driver’s identity at collection and the restaurant’s confirmation that the order was released to the correct driver. Risk transfers in accordance with Section 5.0.
3.3A As between the Driver and the Platform, Drivers are responsible for the safe transport of the order (Section 3.1C). Risk transfers in accordance with Section 5.0.
3.3B GPS records of the route taken form part of the Platform’s objective records under Section 3.1C. A delivery time that exceeds the estimated route time does not by itself establish Driver fault, and Drivers are free to choose their own route.
3.4 Drivers must obtain proof of delivery using the Delivery Code system. If a customer is unwilling or unable to provide the code, drivers are required to document the delivery with clear photographic or video evidence showing:
- Handover to the Customer
- Delivery address
- Timestamp
- GPS/location data (if available)
Submission of such evidence constitutes valid evidence of handover under Section 5.0(c)(iii). Without either the Delivery Code or sufficient evidence, the Driver loses the evidential protection of Section 3.1B, and any payment adjustment is governed by Section 3.1C.
Where the Customer has provided incorrect contact details preventing standard PIN confirmation, and the Platform has issued an alternative confirmation request to the details provided, the Driver must: (i) remain at the delivery address for a minimum of ten (10) minutes following the confirmation request; (ii) document the attempted delivery with clear timestamped photographic evidence showing the order at the delivery address; (iii) notify support of the outcome. This documentation constitutes valid delivery evidence regardless of whether the Customer responds.
Where an order comprises multiple bags or packages, the Driver must capture a single photograph showing all bags or packages simultaneously at the delivery address before presenting any item to the Customer. This photograph constitutes the primary record of the total number of items presented for delivery. The Driver must not allow the Customer to take possession of any individual bag before this photograph is captured.
3.4A Where a Customer has selected a contactless or leave-at-door delivery preference at checkout, the Driver must: (i) photograph the complete order placed at the specific location designated in the delivery instructions or at the door of the delivery address; (ii) capture the door number or unit identifier visible in the same frame; (iii) upload both photographs through the Platform application immediately. Contactless delivery constitutes delivery completion from the point of photograph upload. Risk transfers to the Customer from that point. The Customer’s selection of contactless delivery constitutes pre-authorisation of this method and acceptance that standard PIN confirmation is replaced by timestamped photographic evidence.
3.5 A Driver who does not comply with the evidence requirements loses the evidential protection of Section 3.1B; any payment adjustment remains subject to Section 3.1C.
3.6 Drivers must request the Customer’s Delivery Code only after the Customer has had the opportunity to check the bag count and seals (Section 3.13). Where the Customer does not provide the code, Sections 1.7 and 3.4 apply.
3.7 Drivers must obtain the Delivery Code only after the Customer has had the opportunity to check the bag count and seals (Section 3.13). If the Customer cannot provide the code, drivers must submit photographic or video evidence showing handover, delivery address, timestamp, and GPS/location if available. Submission of either the Delivery Code or compliant evidence constitutes valid proof of delivery for the purposes of Section 5.0, subject to Section 1.3A.
3.8 Drivers operate as independent contractors engaged by the Platform and are not employees. The Platform’s responsibility to Customers and Partner Restaurants for the delivery service, including for Driver negligence, is set out in Section 1.12C; the Platform may recover from the Driver only under Sections 3.1C to 3.26.
3.9 Where a Driver operates using the Platform application with GPS location services enabled, GPS records generated through the application form part of the Platform’s system evidence for that delivery. Where GPS records are absent or show material gaps during an active delivery and a dispute subsequently arises, the Driver cannot rely on GPS records in their favour, but the absence of GPS records does not by itself establish Driver fault (Section 3.1C). This clause does not create an obligation on any driver to maintain GPS coverage in circumstances where signal loss is outside their control.
3.10 Any party found to manipulate Delivery Codes, photographic/video evidence, or GPS/location data may face account suspension, termination, and legal action, including civil and criminal liability.
3.11 Drivers are independent contractors engaged on a non-exclusive, on-demand basis. The Platform does not guarantee the availability of delivery requests or any minimum level of income, volume, or work. Access to delivery opportunities depends on restaurant demand, customer orders, and network conditions.
3.12 Drivers are independent contractors. Nothing in this Policy or any Platform communication creates an employment, partnership, or joint venture relationship. Drivers have no entitlement to minimum work, compensation, or benefits. As between the Driver and the Platform, the Driver is responsible for their own acts and omissions in accordance with Sections 3.1C to 3.26 and the Driver Subcontractor Agreement.
3.13 The Driver must present the sealed quantity of items to the Customer visibly and allow the Customer a reasonable opportunity to verify the items presented against the order. The Driver must request the completion PIN and must not leave the delivery location until the Customer has either (i) provided the PIN or (ii) explicitly refused to inspect or accept the delivery, or (iii) the procedure in Section 1.4B or 1.7 has been completed. If the Customer refuses or fails to inspect the items in the Driver’s presence, or attempts to take the items out of sight, the Driver must immediately record this in the delivery app or notify dispatch. The Driver is required only to present the sealed items and confirm that the items presented correspond to the order list in the Platform App; the Driver is not responsible for verifying the contents of sealed packaging. The Driver must allow a reasonable inspection period of up to 30 seconds for item correspondence verification.
This 30-second period covers external visual verification only — confirming that the number of bags presented corresponds to the order and that all seals are visibly intact. It does not require or contemplate the opening of sealed packaging. The Customer’s rights to report issues with sealed contents within 24 hours under Section 2.2 and the inspection windows in Sections 2.7 and 12.1 apply to content-related issues that arise after the Driver has left and sealed packaging has been opened.
3.14 The Driver must present all sealed items to the Customer visibly and allow the Customer a reasonable opportunity, up to 30 seconds, to verify the items presented against the app in the Driver’s presence. The Driver must request the Customer’s delivery PIN to finalise the handover. If the Customer refuses to inspect the items in front of the Driver, or closes the door after taking the bag(s) without providing the PIN, the Driver must immediately log the incident in the delivery app or notify dispatch/support. The Driver is only responsible for presenting sealed items and confirming that the items presented visually correspond to the app order list; the Driver is not responsible for verifying the contents of sealed packaging. Compliance with these procedures is mandatory and forms part of the Driver’s contractual obligations.
3.15 If the Customer refuses or fails to inspect the items in the Driver’s presence, or attempts to take the items out of sight, or closes the door after taking the bag(s) without providing the PIN, the Driver must immediately record evidence of this and notify support.
3.16 For the purposes of this clause, a missing or incorrect item identified during inspection in the Driver’s presence means: (a) a bag or container visibly absent from the total number presented against the Platform order record; or (b) an item visible through damaged or unsealed packaging. This clause does not apply to items inside intact sealed packaging as the contents of sealed packaging cannot and should not be inspected before the Driver’s departure in accordance with Section 2.1. Issues relating to the contents of sealed packaging must be raised with the restaurant within 24 hours of delivery under Section 2.2.
If a Customer identifies a missing or incorrect item during inspection in the Driver’s presence, and no valid pre-seal photograph was taken by the Driver at the point of collection, and the Restaurant confirms through its own records that the complete and correct order was prepared and sealed before handover, the Platform may assess its own objective automatically generated system records to determine whether the specific documented circumstances described in Section 3.1C are established by those records alone, in accordance with the evidence standards and notification procedure set out in Sections 3.1C, 3.25, and 3.26. Where a valid pre-seal photograph exists showing the complete order at the point of collection, Section 3.1B applies and no payment adjustment may be made regardless of any customer claim. Any such assessment is a determination under Section 30.13(c)(iv).
For the purposes of this clause, restaurant records means only records generated automatically and timestamped within the Platform’s ordering system — including kitchen display system records, order acceptance timestamps, and sealing confirmation records generated through the Platform’s technology. Verbal assertions, handwritten notes, photographs taken outside the Platform application, or any record not automatically generated and timestamped within the Platform’s own technology system do not constitute restaurant records for the purposes of this clause.
3.17 The Driver confirms that they have fully reviewed and understood all information provided at virtuousrestaurants.com/become-our-driver prior to engaging in any driving activity. The Driver further agrees to read in full and remain aware of all agreements, onboarding materials, emails, and any official correspondence issued by the Company. Failure to review such information does not exempt the Driver from their obligations under this Policy and the Driver Subcontractor Agreement.
3.18 In the event that a Driver’s vehicle becomes inoperable, is involved in an accident, or otherwise prevents timely delivery, the Driver must, where reasonably possible, notify the Platform immediately. The Platform shall use reasonable efforts to assist in resolving the situation. As between the Driver and the Platform, Drivers are responsible for loss, damage or spoilage of goods resulting from their negligence, failure to notify the Platform, or failure to comply with applicable traffic and safety laws, recoverable only under Section 3.1C. Restaurants are not liable for loss, damage or delay caused by the Driver after verified collection; the Platform’s responsibility for these is set out in Section 1.12C. Customers acknowledge that delivery times and order condition may be affected by circumstances outside the control of the Platform and Restaurants.
3.19A Driver compliance matters — including document verification reminders, compliance notifications, right-to-work monitoring correspondence, onboarding communications, and all driver-related contractual correspondence — are managed by The Virtuous Contractor Standards Institute (VCSI). The Virtuous Contractor Standards Institute (VCSI) is a division of Virtuous Restaurants Ltd established to develop, publish, and maintain the UK Independent Contractor Delivery Platform Compliance Standard.
Communications from the VCSI will be sent from driver.support@virtuousrestaurants.com or notifications@legalesign.com and will be signed on behalf of The Virtuous Contractor Standards Institute (VCSI) — a division of Virtuous Restaurants Ltd.
Such communications form part of the Platform’s authorised communications framework and carry the same legal authority as communications from Virtuous Restaurants Ltd directly. For a full list of authorised communication channels, see virtuousrestaurants.com/authorised-communications.
3.19B Where a Driver becomes aware during transit that an order has been damaged, compromised, or rendered undeliverable through their own actions, negligence, or through an accident, the Driver must notify Platform support immediately and must not attempt delivery of a visibly damaged or compromised order without support instruction. The Driver must photograph the order and their location with timestamp and GPS at the point of discovery. Delivery of a visibly damaged order without notification constitutes a breach of these obligations, and the resulting loss may be recovered from the Driver under Section 3.1C(b).
3.20A Where a Driver accepts a delivery opportunity through the Platform’s driver application and subsequently becomes uncontactable — including by failing to respond to Platform support communications, failing to complete the delivery, and failing to submit any photographic or video evidence of attempted delivery — the Platform may treat this as a verified breach of the Driver’s obligations under this Policy and the Driver Subcontractor Agreement. In such circumstances the Platform may immediately cease making its technology available to that Driver. This is a technology access decision as described in Section 31.21.A.2 and does not constitute dismissal or disciplinary action. Where an order remains undelivered as a result of a Driver becoming uncontactable, the Platform will use reasonable operational efforts to reassign the delivery to an available Driver where this remains practicable given the time elapsed and the perishable nature of the order. The Platform makes no guarantee that reassignment will be possible. Where reassignment is not possible, the Customer is entitled to a full refund (Sections 2.22B and 2.30A(c)). As between the Restaurant and the Platform, the loss is borne by the Platform (Section 1.12C), which may recover the verified loss from the Driver under Section 3.1C(c).
3.20B For the avoidance of doubt, a Driver who becomes genuinely uncontactable due to a medical emergency, road accident, or other verifiable life-threatening event beyond their control during an active delivery is not deemed to have abandoned the delivery under this Section provided they notify the Platform of the event within 24 hours of recovering the ability to do so and provide documented verification of the event. Section 6.3 applies to such circumstances where the event is verified. The Platform will assess such claims against all available system records including GPS data and timestamp records for the period of the event. In the absence of documented and verified emergency circumstances, Section 3.20A applies in full.
3.21A Where a partial delivery occurs as a result of the Driver’s own actions, negligence, or failure to safeguard the complete order during transit — including but not limited to items lost, damaged, or left behind by the Driver after collection — the Driver assumes personal liability for the value of the missing or damaged items. The Platform may recover such losses from the Driver by deduction from future earnings or by other lawful means. The Customer’s remedy is unaffected (Section 1.3A). As between the Partner Restaurant and the Platform, the loss is borne by the Platform under Section 1.12C, which may recover it from the Driver under this Section. Where the Driver disputes liability, the outcome is determined solely by the Platform’s objective system records in accordance with Section 3.1C, and the Driver may submit their own evidence under Section 3.25. Where no objective evidence establishes that the loss arose from the Driver’s own actions or omissions, no payment adjustment is made.
3.21B Where a valid pre-seal photograph record exists showing the complete order at the point of collection, Section 3.1B applies and the driver’s liability under this clause is limited to verified losses arising after the point of photographic capture.
3.22A Where a Driver delivers an order to an address other than the delivery address specified in the Platform’s driver application, and no PIN or valid alternative confirmation is obtained, the loss of that order may be recovered from the Driver under Section 3.1C(a). GPS records and timestamped photographic evidence will be used to determine the delivery location. A delivery to an incorrect address does not constitute a completed delivery for the purposes of this Policy regardless of any PIN obtained from a person at that incorrect address who was not the ordering customer.
3.22B In multi-occupancy buildings, blocks of flats, or any premises containing multiple addressable units, delivery to the correct GPS location does not constitute verified delivery to the correct unit. The Driver must verify the specific flat or unit number against the delivery address specified in the Platform application before completing handover. The Driver’s delivery photograph must capture the door number, floor indicator, or unit identifier of the specific unit to which delivery was made. Where a Driver cannot verify the specific unit identifier from the delivery address provided, the Driver must contact Platform support before completing handover.
3.23 Where a Driver collects multiple orders simultaneously from one or more Partner Restaurants, the Driver bears sole personal responsibility for ensuring that each order is delivered to the correct customer at the correct delivery address as specified in the Platform’s driver application. The Platform’s PIN confirmation mechanism operates on a per-order basis. Where a customer provides a PIN in respect of an order that was not their own due to the Driver delivering the wrong order, that PIN confirmation does not constitute valid delivery for the purposes of this Policy and does not transfer risk to the receiving customer for the incorrectly delivered order. Any loss, re-delivery cost or refund arising from a confirmed order mix-up is borne by the Platform as between itself and the Restaurant (Section 1.12C) and may be recovered from the Driver under Section 3.1C(a). The restaurant whose order was incorrectly delivered is not liable for the Driver’s failure to match orders correctly after collection. Documentary evidence of order mix-up including GPS records, timestamped photographs, and Platform order records will be used to determine liability in any such dispute.
3.24 The payment adjustment provisions in this section apply only to deliveries voluntarily accepted and completed by a driver through the Platform’s official application. They do not create any ongoing obligation on the Platform to offer deliveries or on the driver to accept them. These provisions do not confer on the Platform any right to direct, supervise, control, or manage the manner in which a driver performs any delivery. The driver retains full discretion over how they carry out their delivery obligations subject only to the outcome-based documentation requirements described in this section. Compliance with the pre-seal photograph and PIN confirmation requirements constitutes outcome-based documentation of a completed delivery. It does not constitute supervision or control of the driver and is consistent with the driver’s status as an independent contractor operating their own business.
3.25 Before any payment adjustment is applied to a driver’s earnings the Platform must notify the driver in writing by email to their registered email address stating the specific delivery reference number, the specific grounds for the proposed adjustment, the evidence relied upon, and the amount of the proposed adjustment. The driver has seven calendar days from receipt of the notification to submit a written response to driver.support@virtuousrestaurants.com disputing the proposed adjustment. The driver may provide any documentary evidence they consider relevant including their own photographic records, correspondence, or other objective documentation.
3.26 The driver’s right to dispute a payment adjustment under this clause does not affect their right to pursue any other remedy available to them under their Driver Subcontractor Agreement or applicable law.
3.27 Where an order contains alcohol or any other item flagged by the Partner Restaurant as age-restricted, the Partner Restaurant will apply a clear physical marking to the sealed package at the point of collection, in accordance with Section 4.41, indicating that the contents are age-restricted. Before releasing any such order to the Customer, the Driver must request valid photo identification confirming the Customer is 18 years of age or over. The Driver should apply this check wherever the Customer appears, or may reasonably appear, to be under the age of 25 (a “Challenge 25” standard), and may apply the check to any Customer at the Driver’s own discretion. The Driver must not photograph, copy, or retain any identification document presented. Where the Customer cannot provide valid identification, or where the Driver reasonably believes the Customer is under 18, the Driver must not release any part of the sealed order — including any non-age-restricted items packaged within the same seal — and must instead contact support and follow support’s instruction on the return of the order in the manner described in Section 1.4B. The order is treated as an attempted delivery for the purposes of Section 5.0. No adverse consequence shall attach to any Driver for a good-faith refusal to release an order under this clause. This obligation is a term of the Driver’s engagement under the Driver Subcontractor Agreement and exists independently of any technical prompt or confirmation step within the Platform’s driver application.
4. Restaurant Responsibilities
4.1 Restaurants are solely responsible for the preparation, packaging, and presentation of all orders, including accurate allergen and ingredient information, and compliance with all applicable food safety laws.
4.2 Partner restaurants may refuse discretionary claims provided this does not conflict with the Customer’s statutory rights under UK consumer law. Partner restaurants may refuse discretionary claims for missing, incorrect, or damaged items once the Delivery Code has been provided by the Customer, provided that the order was accurate and complete at the time of handover. This clause does not affect statutory consumer rights under the Consumer Rights Act 2015.
4.3A All orders must be delivered in a sealed, tamper-evident package provided by the restaurant. Customers and drivers must verify the seal is intact upon delivery. If the seal is broken or missing upon arrival, the Customer must notify the driver immediately. Once the Customer accepts the order with an intact seal and submits the Delivery Code, the order is deemed delivered with seals intact, subject to Section 1.3A.
4.3B Tamper-evident packaging for the purposes of this Policy means packaging that bears a seal which, once broken, displays irreversible and clearly visible evidence of opening that cannot be replicated or concealed by any resealing attempt. The Partner Restaurant is responsible for ensuring that all tamper-evident seals used meet this standard. The Platform may from time to time specify minimum seal standards and provide approved seal materials to Partner Restaurants. Use of packaging that does not meet the tamper-evident standard described in this clause constitutes a failure of the Restaurant’s packaging obligation and responsibility for any contents dispute remains with the Restaurant where the seal standard cannot be verified.
4.3C Partner Restaurants must maintain adequate tamper-evident packaging supply throughout all active trading hours. Where a restaurant exhausts its tamper-evident packaging during a trading period it must immediately pause order acceptance through the Platform system until supply is replenished. A restaurant that releases an unsealed or improperly packaged order when tamper-evident packaging was unavailable assumes full responsibility for any contents dispute regardless of any pre-seal photographic record and regardless of any PIN confirmation obtained. The driver protections under Section 3.1B apply only where the restaurant provided genuinely tamper-evident packaging meeting the standard in Section 4.3B.
4.4 Partner restaurants remain fully responsible for missing items, incorrect orders, or packaging defects identified by the Driver at the time of collection. Any such discrepancies must be resolved by the restaurant before the order is accepted for delivery.
4.5 In relation to the food, the Platform acts solely as a facilitator between Customers and Partner Restaurants. The Platform is not responsible for the content, quality, safety, allergens, or temperature of any food or beverage, including items prepared in shared kitchens. All such responsibility remains with the Partner Restaurant, and Customers should address any related complaints or claims directly with the restaurant.
4.6 Partner Restaurants must ensure all items are packaged and handled appropriately to maintain food safety, hygiene, and temperature until collection by the driver.
4.7 Drivers are not responsible for the quality, safety, allergen content, or preparation of any items. Drivers may refuse delivery if items are visibly unsafe or improperly packaged.
4.8 The Platform does not prepare or supply food (for delivery orders it provides the delivery service under Section 1.12C), and is not responsible for the content, quality, safety, allergens, or temperature of any items, including those prepared in shared kitchens. All responsibility for food rests with the Partner Restaurant.
4.9 While the Platform facilitates transactions, any obligations relating to food preparation, safety, or quality remain solely with the Partner Restaurant.
4.10 Restaurants are responsible for accurate allergen labelling and safe preparation. The Platform and Drivers assume no liability for allergen exposure, contamination, or foodborne illness arising from the food (subject to Section 1.20).
4.11 The Platform does not guarantee any revenue, order volume, or service availability to Partner Restaurants. Access to orders and delivery opportunities depends entirely on customer demand, the Restaurant’s capacity, network or platform conditions, and may fluctuate without notice.
4.12 Partner restaurants must keep the laminated Quick Guide on their premises at all times and use the telephone numbers provided to contact Platform support if a delivery driver does not arrive. While the Platform’s support team may provide assistance where reasonably possible, the Platform does not guarantee the attendance, availability, or punctuality of any delivery driver. Restaurants acknowledge that the availability of a Platform driver for any particular order is not guaranteed (once an order is collected, Section 1.12C applies), and the Platform shall not be liable for any loss, delay, or damage arising from the non-attendance of a delivery driver at collection. Restaurants are therefore strongly encouraged to maintain their own arrangements for delivery in the event that an independent Platform driver is unavailable.
4.13 Responsibility for the preparation, packaging and condition of the food at the time of collection rests with the restaurant. Loss, damage or spoilage in transit after verified collection is the Platform’s responsibility under Section 1.12C, except to the extent caused by the restaurant’s packaging or preparation.
4.14A Partner restaurants must ensure that all orders are prepared accurately, complete, and in good condition prior to handover to the driver. Any missing, damaged, or incorrect items must be resolved before the order leaves the restaurant.
Under the mandatory pre-seal photographic verification system (Section 3.1B), restaurant staff must present all order items visibly and completely before sealing to enable the driver to capture the required photographic record. Staff must not apply the tamper-evident seal until the driver confirms the photograph has been captured through the Platform application. Only after photographic capture is complete may the seal be applied. Once the seal is applied following valid photographic capture, the restaurant’s responsibility for order contents is conclusively documented by the photographic record.
Restaurant staff must complete the sealing process as a continuous action immediately following the Driver’s confirmation of photograph capture, with the Driver maintaining visual contact throughout. Staff must not remove items from the collection point or handle the order between the Driver’s photograph capture and the completion of sealing. Any instruction by a restaurant manager or other staff member to delay sealing or to handle items after photograph capture must be refused by the Driver and logged immediately.
4.14B Where the Platform’s ordering system implements a Driver Collection PIN mechanism, the Partner Restaurant is responsible for verifying the PIN against the Platform’s order management system before releasing any order to a Driver. Failure to verify the collection PIN and releasing an order to an unverified party constitutes a failure of the Restaurant’s collection procedure, and risk does not transfer from the Restaurant until valid collection verification is complete.
4.15 [Intentionally left blank — see Section 4.13.]
4.16 Refund of Platform service fees and delivery fees is governed by Section 2.30A.
4.17 Any dispute relating to the food shall first be raised with the relevant restaurant; delivery disputes are dealt with under Section 2.34. The Platform shall not be liable for any indirect, incidental, or consequential losses arising from disputes between restaurants and customers.
4.18 Restaurants agree to indemnify and hold harmless the Platform from any claims, losses, damages, or liabilities arising from their preparation, packaging or supply of food or beverages, or from deliveries made through their own arrangements (Section 4.30).
4.19 The Platform encourages restaurants to provide accurate allergen information. Restaurants remain fully responsible for compliance with all food allergen regulations.
4.20 Restaurants must ensure that all menu items, descriptions, pricing, and availability are accurate, up-to-date, and compliant with all applicable UK food labelling laws, including the allergen information requirements for food sold at a distance under retained Regulation (EU) No 1169/2011 and the Food Information Regulations 2014 (and equivalent legislation in Scotland, Wales and Northern Ireland), under which allergen information must be available before the order is placed and when the food is delivered. The Platform may provide guidance, tools, or support to assist restaurants in maintaining such accuracy; however, ultimate responsibility for the content, accuracy, and compliance of all menu information remains solely with the restaurant.
4.21 Restaurants are solely responsible for the preparation, handling, storage, and packaging of all food and beverages in accordance with the Food Safety Act 1990, HACCP principles, and any other applicable health and safety regulations.
4.22 Restaurants must ensure that all orders are packaged securely and appropriately to preserve food quality, temperature, and prevent contamination or damage during collection or delivery.
4.23 Restaurants must prepare orders exactly as received, including quantity, special instructions, dietary requirements, and allergen specifications.
4.24 Restaurants are responsible for the accuracy of all allergen and dietary information provided to customers. Where the kitchen is shared or multi-use, restaurants must clearly communicate the potential risk of cross-contamination.
4.24A For delivery orders, allergen information for the items in the order must also be available to the Customer at the point of delivery, for example by a label or printed note attached to or inside the sealed package, or a link or QR code on the package.
4.25 [Intentionally left blank — see Section 4.12.]
4.26 Restaurants must comply with all applicable UK laws and regulations, including food safety, health and safety, employment, and data protection laws.
4.27 Any refunds or goodwill gestures provided by the restaurant are entirely discretionary and do not create any entitlement for the customer; the Platform’s fees are governed by Section 2.30A.
4.27A Refunds issued by the Restaurant. A Partner Restaurant may issue a refund for its own food directly through Virtuous Restaurants Console. The Console records the identity of the staff member who issued it, the amount and the time, and that record is the primary record of the refund. The Restaurant should notify the Platform promptly by telephone, in the Console, or by email, so that the Platform can reconcile the order and confirm the refund has been processed correctly by Stripe. That notification is an operational step only: a refund the Restaurant has issued is valid and effective whether or not the notification is given, and failure to notify does not create any liability for the Restaurant beyond any reconciliation difficulty it causes. Where a refund is issued before the Platform has settled that order, it is deducted from the amount otherwise payable to the Restaurant for that settlement period and no invoice arises. Where a refund is issued after the Platform has settled that order, the Platform has already paid the Restaurant the amount refunded, and the recovery procedure in the Platform Services Agreement applies (Sections 4.32, 31.17 and 31.19).
4.28 Restaurants must maintain adequate public liability, product liability, and employer liability insurance, where applicable, and provide proof of such insurance upon request by the Platform.
4.29 The Partner Restaurant acknowledges and agrees that any mandatory administration fee (the “Admin Fee”) applied to customer orders is implemented solely at the restaurant’s instruction, and the restaurant is entirely responsible for ensuring that the fee is legal, correctly calculated, clearly disclosed, and applied only to the designated ordering method (e.g., QR self-ordering / website). The restaurant must ensure that customers are made fully aware that the fee is mandatory, cannot be removed or refunded except where statutory rights apply, is not a tip, service charge, or gratuity, and that staff-assisted orders are not subject to the fee. The restaurant is also responsible for ensuring the fee is included in headline prices (or, where it cannot be calculated in advance, its amount or method of calculation is shown alongside every price) at all points of ordering, including QR code screens, tabletop notices, website menus and checkout screens, as required by the Digital Markets, Competition and Consumers Act 2024, and for providing accurate, truthful, and non-misleading information about the fee. The restaurant retains full responsibility for handling any complaints, disputes, investigations, or enforcement actions arising from the Admin Fee, including any fines, penalties, or claims, and fully indemnifies the platform for any losses, costs, or legal exposure related to the fee. The restaurant further acknowledges that the platform acts solely as a technology provider executing its instructions, does not recommend, endorse, or provide legal advice regarding the Admin Fee, and cannot be relied upon for compliance, disclosure, or legality of the fee.
4.30 Delivery through the Platform is performed by independent Drivers engaged by the Platform as its subcontractors, or by the Platform’s autonomous delivery mechanisms. The Platform is responsible for the delivery service as set out in Section 1.12C. Where no Platform Driver is available, the Partner Restaurant may, at its discretion, use its own delivery arrangements; orders delivered by those arrangements are outside Section 1.12C and are the Partner Restaurant’s responsibility.
4.31 Drivers are independent contractors engaged by the Platform and are not employees of the Platform or the Restaurant. The Restaurant must release orders only to a Driver verified under Section 3.2B and the Terms of Use, and may refuse to release an order to any person who cannot be verified. Where the Restaurant releases an order to a verified Driver, delivery risk passes to the Platform under Section 5.0.
4.32 Partner Restaurants acknowledge that where a post-settlement unauthorised refund invoice remains unpaid beyond the 24-hour period specified in the Platform Services Agreement, the Platform’s legitimate business interest in prompt recovery is significant: delayed recovery disrupts Stripe reconciliation, requires manual intervention across third-party payment systems, and exposes the Platform to chargeback risk during the period of non-resolution. The parties confirm that the daily late payment rate set out in the Platform Services Agreement represents a genuine pre-estimate of these cascading operational costs, which the parties have assessed and agreed are not adequately compensated by statutory interest alone at the Platform’s current operational scale. This acknowledgment forms part of the contractual record for the purposes of enforceability under English law.
4.33 Where a Partner Restaurant is included in the Marketplace App as a standard condition of its Platform Services Agreement, it acknowledges that its menu and related content will be displayed alongside other partner restaurants for purposes of customer discovery. The partner restaurant remains solely responsible for the accuracy and compliance of all content displayed. In relation to content, the Platform’s role in the Marketplace App is that of technology host only; it does not verify, endorse, or guarantee any content displayed (its role for delivery orders is set out in Section 1.12C).
4.34 The Partner Restaurant is solely responsible for ensuring that its order-taking device remains operational at all times. Where an order has been accepted, the Partner Restaurant must not request payment again from the customer. The Platform will settle the applicable net amount to the Partner Restaurant in accordance with the settlement timeline agreed in the Platform Services Agreement. Any failure by the Partner Restaurant to maintain a functioning device, or to check the payment confirmation status, shall be entirely at its own risk, and the Platform shall have no liability for any resulting loss.
4.35 The Partner Restaurant is responsible for ensuring that a member of authorised staff is reachable by telephone by the Platform’s support team during all hours that the restaurant has active orders on the Platform. Where the Platform attempts to contact the Partner Restaurant by telephone in connection with an unresponsive customer or disputed delivery and cannot reach authorised staff within a reasonable operational period, the Platform will log the time and outcome of that call attempt in its operational compliance record and will issue instruction to the Driver at its own discretion. The Partner Restaurant acknowledges that its unavailability by telephone in such circumstances does not create any liability for the Platform and does not affect the outcome of any subsequent refund or compensation decision.
4.36 The Partner Restaurant must not accept orders through the Platform during any period in which it does not have sufficient staff or capacity to fulfil those orders. Where a Partner Restaurant anticipates early closure or reduced capacity during an active trading period, it must disable order acceptance through the Platform’s ordering system before that closure or reduction takes effect. Where a Partner Restaurant accepts an order and subsequently becomes unable to fulfil it due to closure, staff absence, or any other operational reason, the restaurant is solely responsible for notifying the Platform immediately via the support number on the laminated Quick Guide and for issuing a full refund to the customer for that order. The Platform refunds its own fees under Section 2.30A and may recover them from the restaurant under the Platform Services Agreement. The Platform’s role in such circumstances is as set out in Section 30.13. The restaurant bears sole responsibility for all refunds, customer claims, and any associated costs arising from its failure to fulfil a confirmed order. Beyond refunding its own fees under Section 2.30A, the Platform has no liability to the customer or the restaurant in such circumstances.
4.37 Where a Partner Restaurant becomes subject to suspension, closure, or enforcement action by any regulatory authority — including but not limited to environmental health, the Food Standards Agency, or any local authority — during a period in which it has active orders on the Platform, the Partner Restaurant must immediately notify the Platform by telephone on the support number provided in the laminated Quick Guide and must immediately disable order acceptance through the Platform’s ordering system. The Partner Restaurant bears sole and complete responsibility for issuing full refunds to all customers with confirmed orders that cannot be fulfilled as a result of the regulatory action. The Platform refunds its own fees under Section 2.30A and may recover them from the restaurant under the Platform Services Agreement. The Platform’s role in such circumstances is as set out in Section 30.13. The Platform shall have no liability to any customer for the restaurant’s failure to fulfil orders in these circumstances and no liability to the restaurant for any loss of revenue, reputation, or opportunity arising from the regulatory action. The restaurant fully indemnifies the Platform for any claims, costs, or regulatory exposure arising from its continued acceptance of orders during a period of suspension or enforcement action.
4.38 The partner restaurant is solely responsible for the accuracy, completeness, quality, and packing of every order it prepares. Where a customer complaint relates to missing items, incorrect items, poor quality, or allergen issues in connection with an order that was photographed before sealing at collection (Section 3.2A) and delivered with the seal intact and valid PIN confirmation the complaint is a matter between the customer and the relevant partner restaurant. The driver bears no responsibility and no payment adjustment shall be made.
4.39 The partner restaurant’s obligation to verify driver identity and order details before releasing any order is set out in Sections 3.2B and 4.14B and in the Platform’s Terms of Use. A restaurant that releases an order without proper verification assumes full responsibility for any resulting issues. No payment adjustment may be made to a driver’s earnings where the issue arose from the restaurant’s failure to follow the verification procedure.
4.40 The Partner Restaurant is solely responsible for accurately flagging any age-restricted item as such within the Platform’s menu management system, so that the customer-facing notice described in Section 31.21.A.15 is correctly displayed, and so that the Partner Restaurant’s own staff correctly apply the physical marking required under Section 4.41. The Platform bears no responsibility for any failure of the age verification procedure arising from the Partner Restaurant’s failure to correctly flag an age-restricted item.
4.41 Where a Partner Restaurant lists alcohol or other age-restricted items, it must visibly mark any sealed package containing such items — for example, by way of a printed or adhesive label — to clearly indicate that the contents are age-restricted and that valid identification will be required at handover, in accordance with Section 31.21.A.15 of this Policy.
5. Risk Allocation
5.0 Master risk sequence: This Section is the single statement of when risk passes between the parties. Every other reference in this Policy, the Terms of Use or a Partner Restaurant’s Terms to the transfer of risk is to be read in accordance with it, and it is subject always to Section 1.3A.
(a) Restaurant. The Partner Restaurant bears the risk of loss of, damage to, or errors in the order until verified collection. Verified collection occurs when (i) the Driver has presented a valid collection PIN or completed in-app collection verification (Sections 3.2B and 4.14B), (ii) the pre-seal photograph has been captured and the tamper-evident seal applied (Sections 3.2A and 4.14A), and (iii) the Driver has confirmed collection in the app without logging a discrepancy. Any discrepancy logged at collection remains the Restaurant’s responsibility until resolved (Sections 4.4 and 21.2). The Restaurant remains responsible at all times for the food itself: its quality, safety, allergen content, and the contents of an intact seal.
(b) Platform (delivery service). From verified collection until verified handover, the Platform bears the risk of loss of or damage to the sealed order as delivery service provider (Section 1.12C), with recourse against the Driver only under Sections 3.1C to 3.26. For autonomous deliveries the same applies from acceptance by the autonomous mechanism (Section 1.12B).
(c) Customer. Risk passes to the Customer on verified handover, which occurs at the earliest of: (i) provision of the correct delivery PIN (Section 3.1B); (ii) a valid affirmative alternative confirmation (Section 1.7); (iii) the Customer, or a person at the delivery address accepting on their behalf, taking physical possession of the order, documented under Section 1.7(i); (iv) upload of the contactless delivery photographs where the Customer selected contactless delivery (Section 3.4A); or (v) where the Customer is unresponsive, the end of the 10-minute period measured from the Driver’s logged arrival (Section 1.4B) or, where an alternative confirmation request has been sent, from that request (Sections 1.7 and 3.4), whichever ends later; or (vi) where delivery is refused under Section 1.7(iv), suspended under Section 2.36, or withheld under Section 3.27, the point documented under that Section. A PIN or possession obtained at the wrong address or from the wrong person is not verified handover (Sections 3.22A and 3.23).
(d) A failure by the Restaurant or a Driver to document anything never moves risk to the Customer; it affects only the allocation of responsibility between the Restaurant, the Platform and the Driver.
5.1 Restaurants are responsible for ensuring that orders are correctly prepared, securely packaged, and ready for collection at the agreed time. Any loss, damage, or spoilage occurring before the order is collected by a delivery driver remains the responsibility of the restaurant. Where the Platform implements a Driver Collection PIN mechanism, this risk does not pass to the Platform’s delivery service until the collection has been verified by the relevant mechanism (Section 5.0(a)).
Where pre-seal photographic verification has been completed in accordance with Sections 3.2A and 4.14A, and the tamper-evident seal is confirmed intact at the point of customer delivery, the photographic record shall constitute conclusive evidence of order contents at the point of collection. Any customer claim regarding missing items in circumstances where a valid pre-seal photograph exists and the seal was intact at delivery shall be assessed against the photographic record as primary evidence. As between the Restaurant, the Platform and the Driver, the restaurant’s liability for missing items is substantially discharged where the photographic record confirms the item was present at sealing and the seal integrity is confirmed at delivery. This does not affect the Customer’s rights against the restaurant (Section 1.3A).
5.2 Risk passes on verified handover in accordance with Section 5.0. In the absence of proof of handover, responsibility as between the parties remains with whichever party held risk under Section 5.0 at the time (the Platform, if the order had been collected).
5.3 Where a Platform Driver collects an order, the Driver performs the handover on the Platform’s behalf, and responsibility follows Section 5.0. Customers must provide the Delivery Code or other verifiable confirmation of receipt.
5.4 The Platform’s responsibility for loss, damage, delay or spoilage during delivery is set out in Sections 1.12C and 26.5. Events outside reasonable control are dealt with under Section 26.4.
5.5 Where a Driver is negligent or at fault, the Platform bears the resulting loss as between itself and the Partner Restaurant and may recover it from the Driver (or the Driver’s insurer) under Sections 3.1C to 3.26 and the Driver Subcontractor Agreement.
5.6 Nothing in this clause affects the statutory rights of customers under UK law, including the Consumer Rights Act 2015. Discretionary goodwill remedies offered by restaurants do not create any Platform obligation or precedent.
5.7 The Platform does not prepare or sell food and accepts no responsibility for the quality, safety or accuracy of the food, which rests with the Restaurant. The Platform’s responsibility for the delivery service is set out in Section 1.12C. Nothing in this clause affects the statutory rights of customers under UK law, including the Consumer Rights Act 2015.
5.8A Submission of the Delivery Code by the Customer constitutes confirmation that the order has been received. Please check your order on delivery for the correct items and any obvious issues with packaging (e.g. damaged or unsealed containers). Restaurants may, at their discretion, provide refunds or other goodwill remedies for subjective issues such as taste, temperature, or spiciness; however, the Platform is not responsible for such matters. Missing, damaged or incorrect items inside an intact seal that are not identified at the time of delivery remain the responsibility of the restaurant (Section 5.0(a)). Nothing in this clause affects the Customer’s statutory rights under UK law, including rights under the Consumer Rights Act 2015.
5.8B For the avoidance of doubt, where sealed items could not reasonably be inspected without opening tamper-evident packaging, any deficiency relating to the contents of sealed items that is reported in accordance with Section 2.2 is not excluded by this clause, and the restaurant’s responsibility under the Consumer Rights Act 2015 for the accuracy of the order is unaffected by the Customer’s inability to inspect sealed contents at the point of delivery.
5.9 Partner Restaurants are fully responsible for ensuring that all items are accurate, complete, and properly packaged at the time of collection by the driver. Any missing, damaged, or incorrect items identified at collection must be resolved by the restaurant before the order leaves the premises. Once an order is collected in accordance with this clause, responsibility for safe transport passes to the Platform as delivery service provider, and risk then passes as set out in Section 5.0. Nothing in this clause limits the statutory rights of the Customer under UK law.
5.10 For the avoidance of doubt, the Platform does not itself sell or prepare food; for delivery orders it provides the delivery service (Section 1.12C). Risk for the order, including accuracy, completeness, and packaging, remains with the Partner Restaurant until verified collection (Section 5.0(a)). On verified collection, risk for delivery transfers to the Platform as delivery service provider and then passes as set out in Section 5.0, subject to Section 1.3A.
5.11 As between the parties and subject to Section 1.3A, risk in the order passes to the Customer upon provision of the security PIN code, as the Customer is expected to verify the items for completeness and condition in the presence of the driver before providing the PIN, or upon submission of valid photographic evidence in accordance with Section 3.
5.12 Drivers may refuse to collect or deliver an order if items are missing, unsafe, or improperly packaged, without incurring any penalty or liability. Restaurants remain responsible for ensuring all orders are complete, safe, and properly packaged for collection.
6. Special Provisions
6.1 To the maximum extent permitted by UK law, the Platform shall not be liable for any indirect, incidental, special, or consequential losses, including but not limited to loss of profits, loss of goodwill, or delays, arising from the use of the Platform or from interactions between Customers, Drivers, and Partner Restaurants. Nothing in this clause excludes liability for death or personal injury caused by negligence or for other liability that cannot be excluded under applicable law.
6.2 Responsibility for allergy warnings rests solely with the Restaurant; the Platform is not liable.
6.3 The Driver shall not be liable for any delays, loss, or damage caused by unforeseen events beyond their reasonable control, provided that such events are properly documented and verifiable.
6.4 Fraudulent claims, tampering with orders, or submission of falsified evidence by Customers, Drivers, or Restaurants are strictly prohibited. Such actions may result in account suspension or termination, and the Platform reserves the right to pursue full personal liability for losses, including civil or criminal remedies as permitted under UK law.
6.5 Drivers must report all issues at collection. A Driver’s acceptance without objection affects only the allocation of responsibility between the Restaurant, the Platform and the Driver; it does not affect any Customer claim (Section 1.3A).
6.6 In the event of app or platform downtime, fallback procedures including photographic or video evidence submission apply; risk allocation follows the standard rules.
6.7 Platform is not liable for menu errors, substitutions, unavailability, preparation quality, or shared kitchen items.
6.8 Once accepted by the restaurant, orders are final (subject to the Merchant Category Definition). Any modifications, cancellations, or refunds of the food are solely at the discretion of the Partner Restaurant. The Platform is not responsible for any failure by the restaurant to modify, substitute, cancel, or refund an order, and assumes no liability for any resulting losses, except as required by applicable UK law or statutory consumer rights.
6.9 To the maximum extent permitted by law, the total aggregate liability of the Platform in respect of any single order or series of related orders shall not exceed the total amount paid by the Customer for that order (including the price of the food, the delivery fee and any other charges), except where otherwise required by UK consumer law.
6.10 Deliberate fraudulent claims, tampering with orders, or submission of falsified evidence are illegal and may result in criminal or civil action. The Platform reserves the right to suspend or terminate accounts and seek full recovery of any losses arising from fraudulent activity.
7. Enforcement
7.1 Breach of this Policy may result in liability for compensation, suspension from the Platform, or termination of agreement.
7.2 This Policy is enforceable as part of the Terms of Use, the Platform Services Agreement, the Driver Subcontractor Agreement and the Driver Compliance Agreement.
7.3 Compliance with this Policy is a condition of participation on the Platform.
7.4 Where photographic or video evidence of delivery is contested, the Platform checks it for completeness, timeliness and integrity (Section 30.13(c)(ii)) and determines delivery completion under Section 5.0 (Section 30.13(c)(i)). Decisions on remedies for the food remain the sole responsibility of the restaurant, subject always to statutory consumer rights.
7.5 Driver evidence must be submitted within sixty minutes of delivery. Late submissions may be rejected on logistical grounds (see Section 30.13).
7.6 Determinations made by the Platform under Section 30.13(c) never bind any Customer’s statutory rights. This does not affect any party’s statutory rights to seek redress under applicable UK law. Once the restaurant has made a decision regarding a refund, replacement, or remedy (or once the Platform has processed a restaurant-authorised refund), further claims regarding the same order are generally not accepted by the Platform (except where required by non-excludable statutory consumer rights). This internal administrative process does not prevent any party from pursuing mediation, ADR or legal remedies under UK law (arbitration only as permitted by Section 17.2).
7.7 Fraudulent or manipulated evidence, including falsified photos, videos, or GPS/location data, may result in suspension, termination, and legal action.
7.8 The Platform may retain all delivery records, evidence, and correspondence for auditing, dispute resolution, or legal purposes. Photographic and video delivery evidence is retained in accordance with Section 25.1 and then securely deleted.
8. Payments & Data Privacy
8.1 All payments are processed securely via Stripe or other designated processors. All personal data processing is subject to the Virtuous Restaurants Ltd Privacy Policy, available on our website.
8.2 The Platform is not responsible for payment failures caused by third-party systems.
8.3 The Platform is not responsible for failures, errors, or downtime caused by any third-party services, including payment processors, mapping/navigation providers, telecommunication networks, or software integrations. Risk arising from such third-party failures is allocated in accordance with Section 5.0, subject to Section 1.3A.
8.4 Customers agree to pay all fees, taxes, and applicable charges in full.
8.5 All personal and payment data is stored securely and handled in compliance with GDPR and applicable data protection regulations. Photographic and video delivery evidence will be retained only for the period necessary to resolve any related disputes, meet statutory or regulatory obligations, or complete audits. Once the order is fully resolved and all legal/audit obligations have been satisfied, the evidence will be securely deleted. Retention follows Section 25.1.
8.6 The Platform is not liable for data breaches caused by third-party systems beyond its control.
9. Force Majeure
9.1 The Platform, Restaurants, and Drivers are not liable for delays, failure to deliver, or any issues arising from circumstances beyond their reasonable control, including natural disasters, wars, strikes, or system outages.
9.2 In such events arising from circumstances beyond the Platform’s reasonable control, the Platform will use reasonable endeavours to restore service or issue appropriate credit at its sole discretion.
10. Acceptance of Terms
10.1 By using the Platform, placing an order, or completing a delivery, all parties acknowledge and agree to this Policy in full. This includes acceptance of order finality, delivery proof requirements, refund rules, and liability limitations.
10.2 Orders placed after a revised version of this Policy takes effect are governed by that version. No revised version applies to an order placed before it took effect.
11. Definitions and Clarifications
11.1 Acceptance Without Objection occurs when a Driver inspects and confirms collection of an order via the Platform app, reports no discrepancies, and does not raise objections to the Partner Restaurant or dispatch team. Acceptance Without Objection is one of the conditions of verified collection; risk transfers from the Restaurant only when all the conditions in Section 5.0(a) are met.
11.2 Valid photographic or video evidence must include:
- Full visibility of all items delivered
- Clear timestamp
- Delivery address clearly visible
- GPS/location data if available
Evidence missing any of these elements may be deemed invalid for discretionary compensation purposes.
Where the Platform has implemented enhanced verification mechanisms including weight records, QR or NFC scan records, or pre-handover bag documentation, such records shall constitute valid primary evidence and shall take precedence over conflicting witness accounts for the purposes of determining delivery completion and order accuracy in any dispute.
Valid evidence for the purposes of this Policy additionally includes pre-seal photographs captured through the Platform’s driver application showing order contents before sealing, together with the associated timestamp, GPS record, and seal integrity confirmation at delivery. Such photographs take precedence over conflicting witness accounts for the purposes of determining order contents at the point of collection.
11.3 Items are considered unsafe or improperly packaged if:
- Packaging is leaking, broken, or tampered with
- Temperature or storage requirements are visibly violated
- Items pose a risk to health or safety
Drivers may refuse to deliver such items without penalty.
12. Customer Inspection and Delivery Code
12.1 Customers must visually verify, in the Driver’s presence and within the up-to-30-second window described in Section 3.13, that the sealed items presented correspond to their order. Submission of the Delivery Code constitutes acceptance of the order on that basis. Any concern about the contents of sealed items must be raised with the restaurant within 24 hours of delivery in accordance with Section 2.2.
12.2 Where a Customer is unresponsive at the point of attempted handover, the 10-minute threshold and evidence requirements in Sections 1.4B, 1.7 and 2.4 apply, and the delivery is deemed attempted, with risk passing to the Customer under Section 5.0(c)(v).
13. Partial Orders and Substitutions
13.1 Risk for items delivered passes to the Customer in accordance with Section 5.0(c), subject to Section 1.3A.
13.2 Substitutions may only occur with customer consent. A substitution made without consent remains the Partner Restaurant’s responsibility; providing the Delivery Code does not amount to acceptance of it (Section 2.6).
14. App, Platform, and Technical Issues
14.1 In the event of Platform downtime, GPS failure, or app errors, Drivers must submit photographic or video evidence. Risk allocation follows standard rules once evidence is submitted.
14.2 Evidence submitted after the standard 60-minute window may be rejected unless the delay is caused by a verified technical issue beyond the Driver’s control.
15. Fraud, Tampering, and Misrepresentation
15.1 Any falsified or manipulated evidence, Delivery Code, or order information may result in immediate suspension or termination of accounts. The responsible party may be liable for full compensation of losses and legal fees.
15.2 The Platform may use automated tools to detect manipulation of delivery data, photos, videos, or GPS/location information.
15.3A Where the Platform has verified that a Customer has made a fraudulent claim in connection with any order — including but not limited to submitting falsified evidence, providing false accounts of non-delivery or missing items, or manipulating delivery confirmation data — the Platform reserves the right to permanently refuse that Customer access to any ordering interface operated by the Platform. This right applies regardless of whether the Customer places future orders through the same or a different Partner Restaurant’s ordering system on the Platform. The Platform will maintain a record of verified fraudulent claims and may share relevant information with Partner Restaurants and law enforcement where appropriate and permitted by applicable data protection law. Following a confirmed decision, the Customer may request human review under Section 11.3 of the Privacy Policy (where automated monitoring contributed to the decision), complain to the Information Commissioner’s Office, or bring proceedings in the courts. Nothing in this clause affects the Customer’s right to pursue any non-excludable statutory remedy through the courts.
Before the Platform implements permanent access refusal under this Section, it must: (a) notify the Customer in writing specifying the verified grounds for the proposed refusal; (b) allow the Customer 14 calendar days from receipt of that notification to submit a written response; (c) conduct an internal review of the evidence and any response received; and (d) confirm the decision in writing with reasons. Permanent access refusal may only be implemented where the fraud has been positively verified against objective Platform system records.
15.3B The Platform maintains a compliance monitoring system that analyses claim patterns, evidence submission records, GPS data, and order records across all users over time. Where the system identifies patterns consistent with systematic or repeated fraud — including but not limited to abnormally high missing item claim rates by any Customer, abnormally high delivery disputes involving any Driver, repeated claims involving the same Customer and Restaurant combination, or GPS records indicating repeated delivery anomalies — the Platform may escalate that user’s account for enhanced compliance review. Users subject to enhanced compliance review may be required to provide additional verification before submitting further claims. Evidence of systematic fraud across multiple orders may be referred to law enforcement in accordance with Section 26.14. Health information, including reports of allergic reactions, is never used as an input to this monitoring. This monitoring constitutes a technology security function; any resulting decision is a determination under Section 30.13(c)(v).
15.4 Coordinated or colluded fraud — meaning deliberate coordination between two or more parties to manipulate order records, delivery evidence, refund claims, or payment flows in a manner that causes financial loss to the Platform, any Partner Restaurant, or any Customer — constitutes the most serious category of prohibited conduct under this Policy. Where the Platform identifies evidence of coordinated fraud through its compliance monitoring systems, it may immediately suspend platform access for all implicated parties without prior notice (for Customers, any permanent refusal remains subject to the procedure in Section 15.3A), refer all available evidence to law enforcement, and pursue civil recovery of all losses directly and indirectly caused by the coordinated activity. The indemnification obligations in Sections 26.6 and 28.6 apply jointly and severally to all parties who participated in coordinated fraud regardless of their individual contribution to the scheme.
16. High-Risk Deliveries
16.1 High-risk deliveries include fragile, perishable, or unusually large items, or deliveries during severe weather or unsafe conditions. The Platform classifies high-risk deliveries (Section 30.13(c)(viii)); classification affects the documentation required under Section 27.1 but does not change the risk sequence in Section 5.0.
16.2 Drivers are not liable for delays, damages, or failed deliveries caused by unforeseen high-risk conditions if properly documented.
17. Dispute Resolution
17.1 The Platform acknowledges delivery-related messages within two (2) business days. Messages about food are forwarded to the restaurant; messages about the delivery service are dealt with by the Platform (Section 30.13). A message received by the Platform within any time limit in this Policy counts as received by the restaurant within that time limit.
17.2 Food issues should be directed to the restaurant and delivery issues to the Platform (Section 30.13). Unresolved matters may proceed to mediation, a UK-approved alternative dispute resolution scheme, or court. Arbitration applies to a Customer only if the Customer agrees to it in writing after the dispute has arisen.
17.3 [Intentionally left blank — see Section 17.2.]
17.4 Where a Customer pursues a statutory remedy against a Partner Restaurant through the courts, including through the small claims track of the County Court, the Platform will provide the Customer with a copy of all order records, delivery confirmation data, records, timestamped photographic evidence, and compliance log entries held by the Platform in relation to their specific order, upon written request to resolutions@virtuousrestaurants.com quoting the order reference number. This information will be provided within 10 business days of the written request at no charge to the Customer. The Platform’s provision of this data constitutes administrative assistance only and does not constitute the Platform taking any position on the substantive merits of the claim. Nothing in this clause creates any obligation on the Platform beyond the provision of records it already holds in its compliance systems.
18. Customer Acknowledgement
18.1 By placing an order, the Customer acknowledges that:
- Once accepted, the order cannot be cancelled (subject to the Merchant Category Definition)
- Delivery Code submission confirms the bag count and seal integrity (Section 2.6)
- The Platform and Drivers are not liable for discretionary claims after submission, except as required by UK law
19. Liability and Record Retention
19.1 The Platform’s maximum aggregate liability for any single order or related orders shall not exceed the total amount paid by the Customer for that order (including the price of the food, the delivery fee and any other charges), except where otherwise required by law.
19.2 Photographic and video delivery evidence is retained in accordance with Section 25.1.
20. Evidence Standards
20.1 Photographic or video evidence must clearly show:
- All items delivered, fully visible and identifiable
- The delivery address
- A timestamp (embedded in the file or via app metadata)
- GPS/location data if available
Partial, blurry, cropped, or otherwise unclear evidence will be deemed invalid for discretionary compensation purposes.
20.2 Drivers must submit all photographic or video evidence within sixty (60) minutes of delivery. Failure to submit within this timeframe will not prevent automatic risk transfer to the Customer if the Delivery Code is subsequently provided.
20.3 If only part of the order is delivered or accepted, risk transfers only for the items delivered and accepted. Missing or rejected items remain the responsibility of whichever party held risk under Section 5.0 when they went missing (the Partner Restaurant, if they were never collected) until properly delivered or documented.
21. Driver vs Restaurant Risk Allocation
21.1 If a Driver accepts an order with known discrepancies or visible defects without logging them, verified collection occurs under Section 5.0(a). Responsibility for those defects is then shared between the Restaurant and the Platform, and the Platform may recover its share from the Driver under Section 3.1C.
21.2 Any defects or missing items identified at collection must be reported to the Partner Restaurant and Platform via the app before leaving the premises. Risk does not transfer from the Restaurant until such reporting is complete (Section 5.0(a)).
22. Technical and Platform Failures
22.1 In the event of Platform downtime, GPS failure, or app errors, the Platform will verify the technical issue via server logs or other means. Driver reports relying on technical failure must be submitted within sixty (60) minutes of delivery; Customer claims are governed by Section 2.2.
22.2 Drivers must use photographic or video evidence to confirm delivery during technical failures. Standard risk allocation applies once evidence is submitted and verified by the Platform.
22.3 The Platform’s liability to a Partner Restaurant for failures of the Platform’s ordering technology is governed by the Platform Services Agreement (Section 31.16).
22.4 Where a customer’s payment is processed successfully through the Platform’s payment infrastructure but the order confirmation fails to reach the Partner Restaurant due to a Platform technology failure — including but not limited to system outages, widget errors, or order transmission failures — the Platform will use reasonable endeavours to notify both the customer and the Partner Restaurant of the transmission failure as soon as it becomes aware. In such circumstances the customer is entitled to a full refund of the payment taken. The Platform will process that refund administratively as a technical correction arising from its own system failure. This refund is not subject to restaurant authorisation because no order was ever received or accepted by the restaurant. The restaurant bears no liability and no commission or fee is payable to the Platform in respect of an order that was never successfully transmitted. The Platform’s maximum aggregate liability to any party for losses arising from such a transmission failure is limited to the transaction value of the affected order or orders, except where liability cannot be excluded under applicable UK law.
23. Fraud, Misrepresentation, and Evidence Manipulation
23.1 Manipulation includes, but is not limited to:
- Editing, cropping, or filtering images/videos in a way that misrepresents the order
- Using altered GPS/location metadata
- Submitting false Delivery Codes
23.2 Any customer or driver who provides manipulated, falsified, or misleading evidence shall be subject to immediate account suspension or termination and may be held personally liable for all resulting damages, expenses, and legal costs.
24. Statutory vs Discretionary Claims
24.1 Submission of the Delivery Code or valid evidence confirms the bag count and seal integrity (Section 2.6); discretionary claims about sealed contents remain available under Section 2.2. Customers cannot claim both discretionary compensation and statutory remedies for the same issue beyond what UK law allows.
24.2 Nothing in this Policy limits the Customer’s statutory rights under the Consumer Rights Act 2015 or other applicable UK law.
25. Evidence Retention and GDPR Compliance
25.1 Photographic, video and GPS delivery evidence is retained for up to 180 days from the date of delivery. This is extended only while a complaint or dispute remains open (plus 30 days) or while a legal hold applies, in accordance with Section 10.9 of the Privacy Policy. Order and transaction records are retained for 7 years.
25.2 The Platform shall implement reasonable technical and organisational measures to protect evidence from unauthorised access or disclosure during the retention period.
25.3 Retention and deletion procedures shall comply with GDPR and all applicable UK data protection laws.
26. Additional Clauses
26.1 Independent Contractor Liability: All Drivers are independent contractors engaged by the Platform. Nothing in this Policy or any agreement with Drivers creates an employment relationship between Drivers and the Platform. The Platform’s responsibility to Customers and Partner Restaurants for the delivery service is set out in Section 1.12C; as between the Platform and a Driver, liability is governed by Sections 3.1C to 3.26 and the Driver Subcontractor Agreement.
26.2 Restaurant Liability: Partner Restaurants remain fully responsible for all food and beverage preparation, hygiene, allergen labelling, and packaging at all times (Section 5.0(a)). The Platform is not liable for any claims arising from food quality, safety, allergens, or regulatory compliance.
26.3 Insurance Requirement: Drivers must hold, and keep in force, vehicle insurance that covers delivery (hire-and-reward/business) use, where they use a motor vehicle, and are strongly encouraged to hold public liability and personal accident cover. The Platform verifies vehicle insurance, driving licence (where a motor vehicle is used) and right to work at registration and on renewal (Terms of Use). Drivers must notify the Platform immediately of any lapse; a lapse is a verified breach for the purposes of Section 31.21.A.2.
26.4 Force Majeure:
Neither the Platform, Drivers, nor Partner Restaurants shall be liable for delays, failed deliveries, or damages caused by:
- Natural disasters, severe weather, floods, earthquakes, strikes or civil unrest
- War, armed conflict, acts of terrorism, or government-imposed sanctions or restrictions arising from any of the foregoing
- Traffic accidents, road closures, or public transport failures
- Power outages, internet failures, or Platform system downtime
- Pandemic-related restrictions or government-mandated closures
Reasonable efforts will be made to mitigate disruptions, but no liability shall attach under such circumstances. Sections 9, 26.4, 28.5 and 30.7 never affect a Customer’s entitlement to a refund or redelivery for an order that is not delivered (Sections 2.22B and 2.30A).
26.5 Limitation of Liability:
To the maximum extent permitted by law, the Platform’s total aggregate liability for any single order or series of related orders shall not exceed the total amount paid by the Customer for that order (including the price of the food, the delivery fee and any other charges). This limit applies regardless of the cause, including negligence, breach of contract, or negligent misrepresentation, but never to fraud or fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot be limited under UK law.
26.6 Indemnification:
Customers, Drivers, and Partner Restaurants agree to indemnify, defend, and hold harmless the Platform from any claims, losses, damages, or liabilities arising out of:
- Misuse of the Platform
- Violation of this Policy or applicable law
- Fraudulent or negligent acts
- Preparation of orders, or delivery of orders through a Partner Restaurant’s own arrangements (Section 4.30)
26.6A The indemnities in Sections 15.4, 26.6, 27.18, 28.6, 29.6 and 31.9 do not apply to a Customer acting as a consumer, except in respect of losses caused by that Customer’s deliberate fraud.
26.7 No Waiver:
Failure by the Platform to enforce any provision of this Policy does not constitute a waiver of that provision or the Platform’s rights.
26.8 Severability:
If any clause of this Policy is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
26.9 Governing Law and Jurisdiction: This Policy, and all claims or disputes arising hereunder, shall be governed by and construed in accordance with the laws of England and Wales. All parties submit to the exclusive jurisdiction of the courts of England and Wales, except that a consumer resident in Scotland or Northern Ireland may also bring proceedings in the courts of their home jurisdiction.
26.10 Entire Agreement:
This Policy, together with the Terms of Use, the Privacy Policy, each Partner Restaurant’s Terms and Privacy Policy, the Platform Services Agreement, the Driver Subcontractor Agreement, the Driver Compliance Agreement and the Independent Driver Registration Form (each to the extent it applies to the relevant party, and in the order of precedence in Section 1.3), constitutes the entire agreement regarding delivery responsibilities, risk allocation, and liability, superseding any prior oral or written agreements.
26.11 No Implied Obligations:
No provision of this Policy shall create any obligations, warranties, or guarantees other than those expressly stated herein. All parties acknowledge that they have read and understood the terms.
26.12 Precedence of Risk Transfer Rules:
Risk allocation rules in this Policy are binding and shall take precedence over any contrary communications, including verbal statements, app notifications, or email correspondence.
26.13 Platform Role: The Platform’s role in complaints, evidence and disputes is set out in Section 30.13.
26.14 Fraud and Criminal Remedies:
Any intentional misrepresentation, falsified evidence, or fraudulent claim may result in:
- Immediate account suspension or termination
- Civil recovery of all losses, fees, and damages
- Reporting to law enforcement for potential criminal prosecution
26.15 Audit and Record Retention:
The Platform may retain all order, delivery, and evidence records for auditing, legal, or regulatory purposes. Delivery evidence is retained in accordance with Section 25.1; order and transaction records are retained for 7 years, as set out in the Privacy Policy.
26.16 No Third-Party Beneficiaries:
Nothing in this Policy confers rights on any person other than Customers, Drivers, Partner Restaurants and the Platform. Customers, Drivers and Partner Restaurants may rely on the Platform’s commitments in Section 1.2B and on any provision expressed to protect them.
27. Additional Risk, Evidence, and Liability Protections
27.1 High-Risk Deliveries
For deliveries classified as high-risk (fragile, perishable, unusually large, or delivered under unsafe or severe weather conditions), Drivers and Restaurants must document conditions via clear photographic or video evidence, GPS/location data, and timestamps. Failure by a Driver or Restaurant to document high-risk conditions does not shift any risk to the Customer; it removes the evidential protection otherwise available to the party that failed to document. The Platform’s liability for high-risk deliveries is limited as set out in Section 26.5.
27.2 Evidence Integrity and Authentication
All photographic, video, or digital evidence submitted must be unaltered and verifiably authentic. Any tampering with timestamps, GPS metadata, or image/video content renders evidence invalid for discretionary compensation and may result in immediate personal liability and account termination. The Platform may employ automated or manual tools to verify authenticity of evidence.
27.3 Third-Party System Failures
The Platform is not liable for any failures, errors, delays, or losses caused by third-party systems, including but not limited to payment processors, mapping/navigation services, telecommunication networks, GPS, and software integrations. Risk arising from such third-party failures is allocated in accordance with Section 5.0, subject to Section 1.3A. Sections 8.2, 8.3, 8.6, 28.4, 29.12 and 30.4 are subject to this Section and never affect a Customer’s entitlement to a refund under Section 2.30A.
27.4 Order Finality and No Informal Modifications
Orders placed through the Platform are final once accepted by the restaurant (subject to the Merchant Category Definition). Any modifications, substitutions, cancellations, or refunds must occur only through the Platform or the Partner Restaurant’s official channels. No verbal, written, or informal communications from any party can override this Policy.
27.5 Strict Timeframes for Driver Evidence
Drivers must submit photographic, video or other delivery evidence within sixty (60) minutes of attempted delivery, unless a verified technical failure prevents it. This time limit applies to Drivers only. Customer claims are governed by Section 2.2.
27.6 Waiver of Class or Collective Actions
All parties waive the right to initiate class, collective, or representative claims against the Platform. All disputes must be resolved individually under the dispute resolution procedure outlined in Section 17. For the avoidance of doubt, this waiver does not affect any rights available to consumers under UK law, including any rights to bring or participate in collective proceedings available under applicable UK legislation.
27.7 Customer Acknowledgement of Risk
By placing an order, Customers acknowledge and accept responsibility for providing accurate delivery addresses, ensuring accessible and safe delivery locations, and timely acceptance of orders. The Platform, Drivers, and Partner Restaurants shall not be liable for any losses arising from Customer negligence or failure to comply with these obligations.
27.8 Limitation of Platform Duty of Care
In relation to the food, the Platform is solely a facilitator between Customers and Partner Restaurants. The Platform does not inspect, verify, or guarantee the quality, safety, preparation, allergen labelling, hygiene, or temperature of any order. All responsibility for the above remains with the Partner Restaurant.
27.9 Documentation and Record Retention
The Platform may retain all records, including order details, delivery evidence, and communications, for auditing, regulatory, legal, or dispute resolution purposes. Delivery evidence is retained in accordance with Section 25.1; order and transaction records are retained for 7 years, as set out in the Privacy Policy.
27.10 Severability and Precedence
If any clause in this Section 27 is deemed invalid or unenforceable, the remainder of the Policy remains in full force. These provisions take precedence over any contradictory communications, notifications, or informal agreements.
27.11 Explicit Limitation on Duty to Verify
The Platform has no obligation to verify, audit, or monitor the accuracy, completeness, quality, safety, or packaging of the food. Its checks of submitted evidence are limited to the determination in Section 30.13(c)(ii).
27.12 Liability Cap Reinforcement
Under no circumstances shall the Platform’s liability for any claims arising under or related to this Policy exceed the total amount paid by the Customer for the relevant order(s), including but not limited to direct, indirect, consequential, or incidental losses, except where such limitation is prohibited by law.
27.13 No Reliance / Disclaimer of Representations
All parties acknowledge that they do not rely on any statements, representations, or warranties made by the Platform, whether oral or written, beyond those expressly set out in this Policy. No agent, employee, or representative of the Platform is authorised to make any additional commitments on its behalf.
27.14 Strict Evidence Submission Standards
All evidence (photographs, video, GPS logs, screenshots) must be submitted in the original format without alteration. The Platform reserves the right to reject any evidence that is incomplete, manipulated, or submitted outside the timeframes in Section 27.5. Submissions deemed invalid by the Platform cannot be used to hold the Platform liable (subject to Section 1.3A).
27.15 No Implied Waivers or Estoppel
No delay, forbearance, or failure by the Platform to enforce any provision of this Policy shall constitute a waiver, estoppel, or acceptance of any liability. The Platform may enforce any provision at any time, including in respect of provisions not previously enforced, without waiver of future enforcement.
27.16 Exclusion of Third-Party Liability – The Platform is not responsible for the acts, omissions or errors of Partner Restaurants or of independent third-party service providers such as payment processors and mapping tools. The Platform’s responsibility for Drivers performing its delivery service is set out in Section 1.12C.
27.17 Right to Modify Procedures
The Platform may, at its discretion, update evidence submission procedures, dispute resolution methods, or risk allocation processes. Any such updates are made in accordance with Section 31.11 and apply only to orders placed after the updated version takes effect.
27.18 Indemnity for Fraud / Misrepresentation
Customers, Drivers, and Restaurants shall indemnify and hold the Platform harmless for any claims, losses, or damages arising from:
a) Fraudulent or false claims
b) Tampered or falsified evidence
c) Misrepresentation of orders or delivery conditions.
27.19 Electronic Agreement and Consent
Use of the Platform, submission of Delivery Codes, or photographic/video evidence constitutes electronic acknowledgment and agreement to all terms herein. Such consent is binding and enforceable under UK law.
27.20 No Obligation to Mediate or Compensate Outside Policy
The Platform is under no obligation to provide discretionary compensation, mediation, or adjustments outside the explicit procedures and timeframes defined in this Policy.
28. Additional Platform Protections
28.1 Explicit Customer Acknowledgment
By placing an order, Customers explicitly acknowledge that they have read, understood, and accepted the Delivery Responsibility, Risk Allocation, and Accountability Policy. Acceptance occurs by ticking the mandatory acknowledgement box at checkout and submitting the order (Section 31.2).
28.2 Driver Equipment and Technology Disclaimer
Drivers are solely responsible for maintaining functional devices, internet connectivity, and app functionality. The Platform is not liable for delays, failed deliveries, or errors caused by hardware, software, network issues, or device malfunction on the Driver’s side.
28.3 Discretionary claims regarding missing, incorrect, or damaged items must be submitted to the Partner Restaurant (or to the Platform, which will forward them; see Section 17.1) within 24 hours of delivery. Claims submitted via alternative means or outside this timeframe may be rejected on logistical grounds (see Section 30.13), except to the extent required under non-excludable statutory consumer rights under UK law. All substantive decisions on such claims remain the responsibility of the restaurant.
28.4 Third-Party Systems Disclaimer
The Platform is not liable for any failure, error, delay, or loss caused by third-party systems or service providers, including but not limited to: payment processors, mapping/navigation providers, telecommunication networks, delivery tools, or other software used by Drivers or Restaurants.
28.5 Expanded Force Majeure / Government Restrictions
The Platform, Drivers, and Partner Restaurants are not liable for delays, failed deliveries, or damages caused by circumstances beyond reasonable control, including but not limited to: natural disasters, severe weather, wars, pandemics, government-mandated restrictions, strikes, road closures, public transport failures, or Platform system downtime. Reasonable efforts to mitigate disruptions will be made, but no liability shall attach under such circumstances.
28.6 Indemnification by Users
Customers, Drivers, and Partner Restaurants agree to indemnify and hold harmless the Platform for any losses, damages, or claims arising from:
a) Intentional misuse of the Platform
b) Providing inaccurate delivery information
c) Actions outside the Platform’s systems (unauthorised modifications, tampering, or unsafe practices)
d) Violations of applicable law, this Policy, or fraudulent acts
28.7 Dispute Resolution Location and Law
Disputes are subject to the jurisdiction set out in Section 26.9. Before court proceedings, parties are encouraged to use the Platform’s and the restaurant’s complaints processes and mediation or ADR. Arbitration applies to a Customer only if the Customer agrees to it in writing after the dispute has arisen.
28.8 No Reliance on Informal Communications
No verbal, written, or informal communications, app notifications, or email correspondence from any party override this Policy or create any additional obligations for the Platform.
28.9 Precedence of Policy and Updates
This Policy, including Section 28, takes precedence over any contrary statements, notifications, or informal agreements. The Platform may update procedures, risk allocation rules, or evidence submission requirements in accordance with Section 31.11, and statutory rights under UK law are always preserved.
28.10 Electronic Agreement
Use of the Platform, submission of Delivery Codes, or delivery evidence constitutes electronic acknowledgment and agreement to all terms herein. This consent is binding, enforceable under UK law, and applies to all orders, whether ongoing or future.
29. Platform Protections and Disclaimers
29.1 Platform Content Disclaimer:
The Platform is not responsible for any user-generated content, including but not limited to reviews, messages, photographs, or ratings, nor for any third-party advertising, promotions, or links. Users acknowledge that reliance on such content is at their own risk, and the Platform shall not be liable for any inaccuracies, disputes, or damages arising therefrom.
29.2 Technology and Software Limitations:
The Platform does not guarantee uninterrupted, error-free, or secure access to its software, applications, APIs, or integrations. The Platform is responsible for technical failures, interruptions or errors only where they are caused by its failure to use reasonable skill and care.
29.3 User Conduct and Compliance:
Customers, Drivers, and Partner Restaurants must comply with all applicable laws, regulations, safety guidelines, and Platform rules. The Platform is not liable for losses, damages, or claims resulting from illegal, unsafe, negligent, or unauthorised actions of any user (other than a Driver performing the Platform’s delivery service, for whom Section 1.12C applies).
29.4 Class, Collective, and Representative Actions Waiver:
All disputes must be resolved individually. Users waive any right to participate in or initiate class, collective, or representative claims against the Platform. For the avoidance of doubt, this waiver does not affect any rights available to consumers under UK law, including any rights to bring or participate in collective proceedings available under applicable UK legislation.
29.5 No Guarantee or Performance Disclaimer:
The Platform does not guarantee delivery times (Section 2.10). Responsibility for food quality, food safety and order accuracy rests with the Partner Restaurant; responsibility for the delivery service rests with the Platform (Section 1.12C).
29.6 Indemnity for Third-Party Claims:
Users agree to indemnify, defend, and hold harmless the Platform from any claims, losses, damages, or liabilities brought by third parties arising from:
a) Use of the Platform,
b) Preparation of orders, or delivery of orders through a Partner Restaurant’s own arrangements (Section 4.30),
c) Violation of this Policy, applicable law, or any fraudulent act.
29.7 Software / Hardware Instructions:
Drivers and Restaurants are responsible for correctly following any instructions provided by the Platform’s software, apps, or tools. Errors or failures caused by misinterpretation, misuse, or malfunction of personal devices are the responsibility of the user and shall not create liability for the Platform.
29.8 Severability Reinforcement:
If any provision in this Section 29 or elsewhere in this Policy is found invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, continuing to provide full protection to the Platform.
29.9 Any assessment performed by the Platform is limited to the determinations listed in Section 30.13(c). All decisions on remedies for the food remain the sole responsibility of the restaurant, subject always to statutory consumer rights. This clause does not limit any party’s right to pursue legal remedies under UK law.
29.10 Cybersecurity and Data Breach Limitations:
The Platform is not liable for losses arising from unauthorised access, hacking, malware, or other cyber incidents beyond its reasonable control. Users are responsible for safeguarding their login credentials and access to Platform systems.
29.11 Precedence and Integration:
This Section 29 shall take precedence over any conflicting statements, informal communications, app notifications, or prior informal arrangements, subject to Section 1.3. It supplements all other Sections of this Policy, including Sections 1–31, and is enforceable in conjunction with all applicable UK law.
29.12 In case of Platform downtime, GPS failure, or app errors, all submissions, timings, or evidence will be verified using system logs. The Platform is not liable for any losses resulting from third-party technical failures.
29.13 Users waive any right to initiate class, collective, or representative claims against the Platform. All disputes must be resolved individually according to the Policy. For the avoidance of doubt, this waiver does not affect any rights available to consumers under UK law, including any rights to bring or participate in collective proceedings available under applicable UK legislation.
30. Additional Clarifications
30.1 Inspection Windows and Delivery Code Timing:
- Customers acknowledge that the visual verification window at the point of handover (up to 30 seconds, as described in Section 3.13) is a reasonable estimate for confirming item count and seal integrity in the Driver’s presence.
- For unusually large or complex orders, a reasonably longer verification window may apply having regard to the number of items to be counted. Risk transfers upon submission of the Delivery Code or valid photographic/video evidence.
- Submission of the Delivery Code constitutes acknowledgment that sufficient visual verification has occurred. Any concern about the contents of sealed items is addressed through the 24-hour reporting window in Section 2.2, not through this at-the-door verification window.
30.2 Orders classified as fragile, perishable, unusually large, or delivered under unsafe/severe conditions must be explicitly marked by the Restaurant in the order details.
- Drivers and Customers acknowledge receipt of these notifications. Where the Restaurant fails to mark a high-risk order, any loss attributable to that failure is borne by the Restaurant.
- Risk for high-risk items transfers according to standard procedures once evidence or Delivery Code is provided.
30.3A Food Safety, Allergens, and Contamination:
- Food Safety and Allergen Disclaimer. Food offered through the Platform may be prepared in shared or multi‑user kitchens. Cross-contamination with allergens used elsewhere in the kitchen cannot be ruled out, and Partner Restaurants must say so where relevant. Every allergen used as an ingredient must be declared by the Partner Restaurant. THE PLATFORM DOES NOT ASSUME RESPONSIBILITY FOR THE PRESENCE OF ALLERGENS OR FOR CROSS‑CONTAMINATION; ALL RESPONSIBILITY FOR ACCURATE ALLERGEN INFORMATION, SAFE PREPARATION, AND ANY RESULTING LIABILITY RESTS SOLELY WITH THE PARTNER RESTAURANT. Customers with allergies or intolerances should contact the Partner Restaurant directly before placing an order and are responsible for determining whether dishes are safe for them to consume.
- Restaurants remain fully responsible for food quality, safety, allergen labelling, and hygiene at all times (Section 5.0(a)).
- The Platform does not guarantee or verify the safety, preparation, or allergen compliance of any items.
- Customers are responsible for reviewing allergen and safety information provided by the Restaurant prior to consumption.
30.3B Where a Customer claims to have experienced an allergic reaction in connection with an order, the Customer is strongly advised to seek medical attention immediately and to retain any medical documentation. The Customer acknowledges that fraudulent claims of allergic reactions are a serious matter and may constitute criminal fraud. Reports of allergic reactions are never used as an input to automated monitoring. Where a pattern of repeated reports raises a specific concern, it may be reviewed by a human reviewer only, and no decision under Section 15.3A is made on the basis of health information. Nothing in this clause affects any Customer’s genuine statutory rights in connection with allergen-related harm.
30.4 Third-Party Service Failures:
- All delivery times are estimates. Delays or errors caused by payment processors, mapping/navigation tools, telecommunication networks, or other third-party systems do not create liability for the Platform, Driver, or Restaurant.
- Evidence submitted during technical failures follows standard rules for risk transfer once verified.
30.5 Evidence Standards and Dispute Review:
- All photographic, video, or GPS/location evidence must be unaltered and complete. Any manipulation invalidates the evidence and may result in personal liability.
- Driver submissions outside the 60-minute window are invalid unless delayed by verified technical failure.
30.6 Restaurant Risk Allocation:
- Risk for food quality, description and the contents of an intact seal remains with the Restaurant; risk of loss or damage passes in accordance with Section 5.0.
- Missing items remain the responsibility of whichever party held risk under Section 5.0 when they went missing (Section 20.3).
30.7 Force Majeure and Government Restrictions:
- Neither the Platform, Drivers, nor Restaurants are liable for delays, failed deliveries, or damages caused by events beyond reasonable control, including but not limited to natural disasters, severe weather, strikes, war, armed conflict, acts of terrorism, or government-imposed sanctions or restrictions arising from any of the foregoing, pandemics, road closures, or Platform downtime.
- Reasonable efforts will be made to mitigate disruption, but no liability shall attach under such circumstances.
30.8 Data Retention and Evidence Privacy:
- Evidence is retained in accordance with Section 25.1.
- Evidence is encrypted, access is limited to authorised personnel, and deletion occurs after dispute resolution or legal retention period.
- Such evidence is used solely for dispute resolution, audits and regulatory purposes, on the lawful bases set out in Section 31.5.
30.9 Customer Consent and Acknowledgment:
- Customers accept this Policy by ticking the mandatory acknowledgement box at checkout and submitting their order (Section 31.2).
- Use of the Platform, submission of Delivery Codes, or photographic/video evidence constitutes binding electronic agreement.
- Failure to read or review the full Policy does not create liability for the Platform.
30.10 Clarification of Platform Role:
- The Platform acts as a facilitator of transactions between Customers and Restaurants and, for delivery orders, as delivery service provider (Section 1.12C).
- The Platform does not inspect, guarantee, or endorse the quality, safety, preparation, allergen labelling, hygiene, or packaging of any orders.
- All responsibility for the above rests with the Restaurant, and risk passes as set out in Section 5.0.
30.11 Integration and Precedence:
- This Section 30 supplements all prior Sections and takes precedence over any informal communications, app notifications, verbal statements, or emails.
- All parties agree that Sections 1–31, read with the documents listed in Section 26.10, constitute the full framework for delivery responsibility, risk allocation, and accountability.
30.12 Risk Transfer and Delivery Confirmation: Risk for the food itself (quality, safety, description, and compliance with the Consumer Rights Act 2015) remains with the Partner Restaurant until the goods are delivered to you. Risk associated with the physical delivery (loss, damage in transit, delay after collection) transfers from the restaurant to the Platform as delivery service provider upon verified collection, and to you upon verified handover (Section 5.0). Submission of the Delivery Code (or clear, unaltered photographic/video evidence showing the order handed over in good condition) constitutes your confirmation that you have had a reasonable opportunity to inspect the order and that the delivery process is complete for the purposes of this platform’s dispute and compensation process. This confirmation does not affect or limit the restaurant’s statutory obligations or your non-excludable legal rights against the restaurant under UK consumer law (including the right to reject faulty or misdescribed goods even after receipt). Any claim for breach of the contract for the sale of goods must be directed to the restaurant.
30.13 Platform Role in Complaints, Refunds and Determinations.
(a) Food. The Platform does not decide complaints or refunds about food (quality, safety, description, allergen content, or missing or incorrect items inside an intact seal). These are decided solely by the Partner Restaurant, subject always to the Customer’s non-excludable statutory rights. The Platform may forward evidence and messages to the restaurant. A food refund is effected in one of two ways, at the restaurant’s choice: (i) the restaurant issues it directly in Virtuous Restaurants Console, in which case the Console records who issued it, the amount and the time, and the restaurant notifies the Platform so that the Platform can reconcile the order and confirm the refund reached the customer; or (ii) the restaurant instructs the Platform to process it, in which case the Platform acts only on the restaurant’s prior written authorisation. In neither case does the Platform decide whether a food refund is due.
(b) Delivery service. The Platform is responsible for complaints about its delivery service (non-delivery, delivery to the wrong address, loss or damage in transit) and decides the remedy for those, subject always to the Customer’s statutory rights.
(c) The Platform makes only the following further operational determinations, each on the basis of its own objective system records and each recorded in writing:
(i) whether verified collection and verified handover occurred under Section 5.0;
(ii) whether submitted evidence is complete, timely and unaltered (Sections 20, 27.2 and 31.6);
(iii) whether a technical failure occurred (Section 22);
(iv) Driver payment adjustments (Sections 3.1C to 3.26);
(v) fraud verification and technology-access decisions (Sections 15.3A to 15.4 and 31.21.A.2);
(vi) instructions for handling undeliverable orders (Sections 1.4B and 4.35);
(vii) refunds for order transmission failures (Section 22.4) and pre-settlement pickup refunds (Section 30.14);
(viii) classification of high-risk deliveries (Section 16.1).
(d) Language anywhere in this Policy, the Terms of Use, the Platform Services Agreement or any communication describing the Platform as “reviewing”, “assessing”, “handling” or “determining” matters refers only to (a) to (c). It does not extend the Platform’s role or create any further duty. Payment adjustments are never based on any third-party statement, including one from a Partner Restaurant (Section 3.1C).
30.14 For the avoidance of doubt, the restriction on the Platform’s decision-making role in this Section applies to disputes regarding food quality, safety and order accuracy (Section 30.13(a)). It does not prevent the Platform from administratively authorising pre-settlement pickup refunds in accordance with the procedure set out in the Platform Services Agreement, which constitutes a technical processing function rather than a substantive determination of fault or liability.
31. Limitations, Consumer Safeguards, Evidence & Data Protection
31.1 Statutory Rights Preserved: Nothing in this Policy excludes or limits any consumer rights that cannot lawfully be limited under applicable UK law. To the extent any provision of this Policy conflicts with such statutory rights, that statutory right will prevail. References to specific legislation in this Policy include references to any legislation that amends, replaces, consolidates, or supersedes it.
31.2 Key contractual effects of this Policy (including: risk transfer upon Delivery Code submission; use and retention of photographic/video evidence; limits on liability; and any waiver of collective remedies) are brought to Customers’ attention at checkout by (a) a short summary of key terms displayed immediately above the acknowledgement box, (b) direct links to this Policy, the Terms of Use, the Privacy Policy and the Partner Restaurant’s Terms and Privacy Policy, and (c) a mandatory, unticked acknowledgement box, by which the Customer confirms that they are 18 or over and accepts this Policy, the Terms of Use and the Partner Restaurant’s Terms, which must be ticked before the order can be submitted. Submitting an order after ticking the box constitutes the Customer’s acceptance of this Policy as in force at the time of submission. For each order the Platform records the time the box was ticked and the version of each linked document. The Platform will maintain records of the checkout interface configuration, including the key-terms summary, document links and acknowledgement box, as evidence of the notice provided to Customers. The Platform is solely responsible for ensuring these are displayed in every ordering interface it provides. This notice is consistent across all Partner Restaurant deployments as the ordering interface is operated and controlled by the Platform. The Platform will use reasonable endeavours to maintain such records. Any failure to retain configuration records due to technical limitations, system updates, or events beyond the Platform’s reasonable control shall not affect the validity of the checkbox acceptance mechanism or the enforceability of this Policy against any party. Statements elsewhere in this Policy that use of the Platform, placing an order or submitting a Delivery Code constitutes acceptance (Sections 1.19, 10.1, 27.19, 28.10 and 30.9) confirm, and do not replace, the checkbox acceptance described above.
The Platform maintains a version-controlled archive of all published versions of this Policy, each identified by its effective date and version number. Any party who requires confirmation of the version of this Policy in force at the time of a specific order may request a copy of the relevant version by writing to resolutions@virtuousrestaurants.com quoting the order reference number. The Platform will provide the relevant archived version within 10 business days at no charge. This archive constitutes the definitive record of the Policy terms applicable to any transaction.
31.3 Reasonableness and Exceptions. Timeframes and evidence standards in this Policy (including inspection windows and the 60‑minute evidence submission rule) are reasonable estimates and may be extended where (a) an order is large or complex; (b) there is verified technical or network failure; or (c) other exceptional circumstances exist.
The Platform may perform a limited administrative check to accept alternative or supplementary evidence where strict compliance is not possible in good faith (see Section 30.13).
31.4 Consumer Protection and Unfair Terms: The Platform will not rely on any clause that a competent court or regulator determines to be an unfair term within the meaning of the Consumer Rights Act 2015 or any equivalent applicable UK consumer protection legislation. The Platform will not enforce provisions that would contravene mandatory consumer protection legislation.
For the avoidance of doubt, a Customer making a genuine good-faith complaint about a missing item, food quality, or delivery issue in the normal exercise of their statutory rights is not subject to the fraud and misrepresentation provisions of this Policy. Those provisions apply exclusively to deliberate falsification, manipulation, or bad-faith exploitation of the claims process. Nothing in this Policy is intended to discourage Customers from exercising their genuine statutory rights under the Consumer Rights Act 2015.
31.5 Data protection and evidence retention: Photographic, video and related delivery evidence are personal data. The Platform processes such data on the lawful bases of: (a) performance of the contract; and (b) the Platform’s legitimate interests in fraud prevention, dispute resolution and record‑keeping. Evidence will be retained no longer than is necessary to resolve disputes, meet legal obligations or regulatory requirements (in accordance with Section 25.1), and will be stored securely with appropriate access controls, encryption, and audit logging. A formal data retention schedule and deletion procedure will be maintained and published in the Privacy Policy.
Where the Platform receives a Data Subject Access Request from any user in circumstances where disclosure would be likely to prejudice the prevention or detection of crime, the apprehension or prosecution of offenders, or the assessment or collection of any tax or duty, the Platform may apply the relevant exemptions under Schedule 2 of the Data Protection Act 2018 to withhold information forming part of an active fraud investigation or compliance review. The Platform’s Privacy Policy sets out full details of how personal data is processed, how Data Subject Access Requests are handled, and how any applicable exemptions are applied.
31.6 Proof integrity and chain of custody: The Platform may use automated or manual tools solely for basic verification of evidence integrity and completeness for logistical and operational purposes (see Section 30.13). This check is the determination described in Section 30.13(c)(ii). If evidence appears altered, manipulated, or materially incomplete, the Platform may reject it on logistical grounds only and will forward the matter to the restaurant (or relevant party) where appropriate. The Platform will maintain a secure, auditable chain of custody for each piece of evidence submitted through the platform and will provide a summary of retained evidence to any party that has a lawful entitlement to receive it (subject to applicable data protection and privacy constraints).
Nothing in this Section extends the Platform’s role beyond Section 30.13. Responsibility for the food and remedies relating to it remains with the restaurant, subject always to your non-excludable statutory rights.
31.7 Liability and carve‑outs: Any liability caps or limitations in this Policy do not apply to death or personal injury resulting from negligence, or other liabilities that cannot be limited or excluded by law. The Platform’s liability for any single order is limited as set out in Section 26.5, except where statute or public policy prevents such limits.
31.8 The Platform’s role in complaints and disputes is set out in Section 30.13. Where a matter cannot be resolved with the restaurant or the Platform, parties may seek mediation, a UK-approved ADR scheme, or court remedies (arbitration applies to a consumer only if agreed in writing after the dispute arises) (subject always to non-excludable statutory rights). Nothing in this Policy prevents a customer from pursuing any statutory remedies against the restaurant or any other party in court where available under UK law (including the Consumer Rights Act 2015).
31.9 Insurance, indemnities and third parties. Restaurants must maintain the insurance described in Section 4.28, and Drivers the insurance required by Section 26.3. To the maximum extent permitted by law, Customers, Drivers and Restaurants agree to indemnify and hold harmless the Platform from claims arising from their negligence, breach of this Policy, or fraudulent actions.
31.10 No implied assurances. In relation to the food, the Platform provides a facilitation service only and does not (unless explicitly stated in writing) inspect, guarantee, or endorse the quality, safety, allergen handling, hygiene, or preparation of food. Statements to the contrary in marketing, third‑party content, or other communications do not create any additional obligations unless expressly incorporated into a written contract.
31.11 The Platform commits to a formal annual review of this Policy, to be conducted no later than 31 January each year in respect of the preceding calendar year. The review assesses this Policy against applicable law, regulatory guidance, operational practice, and the foundational principles in Section 31.22.A.1. This commitment is unconditional. No operational circumstance suspends it.
Where the annual review results in an amendment, the Platform will publish a full account at virtuousrestaurants.com/governance within 14 days of the review’s completion, stating the provision affected, the change made, and the reason. The amended version takes effect on the date stated in the governance record, which will respect the minimum notice periods below, and is assigned a new version number in the Policy archive.
Where the annual review results in no amendments, no separate publication is required. The standing declaration published at virtuousrestaurants.com/governance constitutes the published outcome: the absence of an amendment entry in the governance record for a given calendar year means the review for that year found all provisions aligned with applicable law, regulatory guidance, operational practice, and the foundational principles in Section 31.22.A.1. This is the complete published outcome for that year.
The governance record at virtuousrestaurants.com/governance is the authoritative public record of this Policy’s history at all times.
This commitment does not limit the Platform’s right to update this Policy at any time in response to material changes in law, regulation, or operations. Where the Platform introduces autonomous delivery mechanisms, AI-operated fulfilment systems, or any other development that materially alters how orders are transported or confirmed, it will notify all active Partner Restaurants and registered Drivers with a minimum of 30 days’ notice before the updated version takes effect. Where the Platform updates procedural provisions only, a minimum of 48 hours’ notice is provided to all users via email or in-app notification.
Any party who has completed a transaction under this framework and identifies a provision that produces an outcome inconsistent with the foundational principles in Section 31.22.A.1, or that creates a genuine injustice not addressed by existing provisions, may submit a formal written proposal to resolutions@virtuousrestaurants.com at any time. All proposals received during a calendar year are assessed as part of that year’s annual review. Where a proposal identifies a genuine gap, internal contradiction, or disproportionate provision, the Platform commits to either addressing it in that year’s annual review or providing a written explanation of why no change was made.
31.12 In relation to the food, the Platform acts solely as a facilitator between Customers and Partner Restaurants. It does not prepare, cook, repackage, or otherwise transform any food or beverage items. All responsibility for the quality, safety, allergen labelling, preparation, and hygiene of food rests with the Partner Restaurant. Nothing in this statement limits Customers’ statutory rights under applicable UK law.
31.13 Nothing in this Policy limits or affects Customers’ statutory rights under the Consumer Rights Act 2015, nor liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot be excluded under applicable UK law. Force majeure events or statutory duties may override the terms herein where required by law.
31.14 No verbal, email, or app message from any party (Driver, Restaurant, or Customer) can modify the terms of this Policy. Only official Platform procedures or agreements are valid.
31.15 Distinction Between Customer and Restaurant Claims – For the avoidance of doubt, the liability caps set out in Sections 6.9, 19.1, 22.4, 26.5 and 27.12 of this Policy apply exclusively to claims brought by Customers in respect of individual orders. They do not govern, replace, or supersede the liability caps applicable to disputes between the Platform and Partner Restaurants, which are governed by the Platform Services Agreement between those parties. Where a Partner Restaurant raises a claim arising from or connected to a delivery or order dispute, the applicable liability cap is that set out in the Platform Services Agreement, not the per-order customer cap in this Policy. The precedence of this Policy over the Platform Services Agreement applies only in respect of operational matters of risk allocation, refund procedure, and complaint handling — not in respect of the aggregate financial liability between the Platform and a Partner Restaurant as commercial contracting parties.
31.16 Scope of liability caps — consumer claims distinguished from commercial claims
31.16.A.1 The liability caps set out in Sections 6.9, 19.1, 22.4, 26.5 and 27.12 of this Policy apply exclusively to claims brought by Customers in respect of individual orders placed through the Platform. They reflect the per-transaction nature of consumer claims and are calibrated to the amount a Customer pays for a single order.
31.16.A.2 These per-order caps do not govern, reduce, replace, or supersede the liability framework applicable to disputes between the Platform and Partner Restaurants as commercial contracting parties. The financial liability of the Platform to a Partner Restaurant is governed exclusively by the Platform Services Agreement between those parties, which contains its own liability cap provisions reflecting the commercial relationship between the parties.
31.16.A.3 The precedence of this Policy over the Platform Services Agreement operates in respect of operational matters only — including risk allocation for individual orders, refund procedure, verification obligations, driver responsibilities, and complaint handling. It does not operate to alter or diminish the aggregate financial liability framework agreed between the Platform and a Partner Restaurant in their commercial agreement.
31.16.A.4 Where any provision of this Policy would, if applied to a dispute between the Platform and a Partner Restaurant, produce a result inconsistent with the commercial liability framework in the Platform Services Agreement, the Platform Services Agreement shall govern the financial quantum of any liability between those commercial parties, and this Policy shall govern the allocation of responsibility for the underlying operational matter.
31.16.A.5 Nothing in this Section affects any non-excludable consumer rights under UK law.
31.17 Late payment on commercial invoices — legitimate business interest
31.17.A.1 Where a Partner Restaurant is issued an invoice by the Platform in connection with an unauthorised refund, post-settlement refund, or associated administrative charge under the Platform Services Agreement, prompt payment is essential to the Platform’s ability to operate as a small business with constrained cash flow and direct Stripe reconciliation obligations.
31.17.A.2 The parties acknowledge and agree that delayed payment of such invoices causes the Platform genuine and measurable operational harm beyond that which is compensated by statutory interest alone, including: disruption to Stripe Connect reconciliation cycles; manual re-processing costs; extended exposure to chargeback risk during the unresolved period; diversion of administrative resource from operational functions; and the cost of recovery steps. These costs are not speculative — they arise directly and consistently from each instance of non-payment.
31.17.A.3 Accordingly, the daily late payment rate applicable to overdue commercial invoices under the Platform Services Agreement represents a genuine pre-estimate of these cascading operational losses, agreed by the parties at the time of contracting after a full and reasonable opportunity to review and seek independent advice. The parties confirm this rate is not intended as, and shall not be construed as, a penalty. It is compensatory in nature, reflecting the Platform’s legitimate interest in prompt commercial settlement.
31.17.A.4 This Section applies solely to commercial invoices issued to Partner Restaurants under the Platform Services Agreement. It does not apply to or affect any consumer rights or obligations.
31.17.A.5 Nothing in this Section affects the Platform’s right to recover statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 in addition to or in substitution for any contractual rate, at the Platform’s election.
31.18 Marketplace App — content display and data processing
31.18.A.1 Partner Restaurants that are included in the Marketplace App as a standard condition of their Platform Services Agreement consent to the Platform displaying, hosting, aggregating, and making publicly available their menu items, pricing, descriptions, images, availability information, and allergen summaries within the Marketplace App for the purpose of enabling customer discovery and ordering.
31.18.A.2 The Platform processes the restaurant’s content data described in 31.18.A.1 on the legal basis of the contractual licence granted in the Platform Services Agreement and the restaurant’s acknowledgement of the mandatory standard condition set out therein. Customer personal data from Marketplace App orders is handled under the controller map in Section 5A of the Privacy Policy.
31.18.A.3 The restaurant remains solely and fully responsible for the accuracy, completeness, allergen compliance, pricing legality, and regulatory compliance of all content displayed in the Marketplace App. The Platform hosts and displays this content as provided by the restaurant without independent verification, endorsement, or assessment. Restaurant obligations regarding content accuracy under this Policy and the Platform Services Agreement apply equally to content displayed in the Marketplace App.
31.18.A.4 Any customer who places an order through the Marketplace App contracts directly with the relevant restaurant. The Platform’s role in the Marketplace App is that of technology host and facilitator and, for delivery orders, delivery service provider (Section 1.12C). All provisions of this Policy regarding the Platform’s role, the allocation of responsibility for food quality and order accuracy, and the customer’s rights against the restaurant apply equally to orders placed through the Marketplace App.
31.18.A.5 Partner Restaurants may withdraw from the Marketplace App at any time by written notice to admin@virtuousrestaurants.com, subject to any applicable notice period in their Platform Services Agreement. Withdrawal takes effect from the date confirmed in writing by the Platform.
31.18.A.6 Partner Restaurants must ensure their own customer-facing privacy notices disclose that orders placed through their menus may be facilitated through a shared marketplace platform operated by Virtuous Restaurants Ltd, to the extent required by UK GDPR and the Data Protection Act 2018.
31.19 Commercial invoice payment obligations — timeframe hierarchy
31.19.A.1 Where the Platform Services Agreement imposes a 24-hour payment deadline for commercial invoices issued to a Partner Restaurant (including invoices for post-settlement unauthorised refunds and associated administrative charges), that 24-hour deadline is the primary and immediate payment obligation. It is not suspended, extended, or modified by any other timeframe referred to in the Platform Services Agreement.
31.19.A.2 The 3-day period referenced in the Platform Services Agreement’s dispute resolution provisions applies exclusively to the commencement of formal mediation proceedings between the parties. It is a minimum notice period before formal mediation is initiated — it does not extend, pause, or waive the 24-hour primary payment obligation. A Partner Restaurant may raise a dispute in writing within that 3-day window without the dispute suspending the payment obligation.
31.19.A.3 The 8-day period referenced in the Platform Services Agreement governs the earliest point at which the Platform may exercise its right to deduct outstanding amounts from future settlements payable to the Partner Restaurant. It operates as a minimum notice period protecting the Partner Restaurant before any settlement deduction occurs — it does not extend the primary payment deadline.
31.19.A.4 These periods therefore operate sequentially and independently: (i) payment is due within 24 hours of invoice issuance; (ii) if unpaid, a written dispute may be raised within 3 days of invoice issuance, which triggers informal negotiation but does not pause the payment obligation; (iii) if the outstanding amount, including any accrued liquidated damages and enforcement costs, remains unpaid after 7 calendar days of the original payment due date, the Platform may pursue legal action in accordance with the Platform Services Agreement; and (iv) if still unpaid after 8 days of receiving the invoice, the Platform may separately or additionally begin deducting from future settlements on written notice. The 7-day legal action right and the 8-day deduction right are independent remedies and the Platform may exercise either or both depending on the circumstances. Raising a dispute in good faith will be taken into account by the Platform in exercising these rights, but does not as a matter of contract suspend or delay them.
31.19.A.5 This Section applies solely to commercial invoice obligations between the Platform and Partner Restaurants. It does not affect any consumer rights or obligations.
31.19.A.6 For the avoidance of doubt, a refund issued by a Partner Restaurant through Virtuous Restaurants Console before the Platform has settled the relevant order does not constitute an unauthorised refund and does not trigger the invoice and payment procedure in this Section. That procedure applies only to refunds issued after settlement of the relevant order, and to any other charge described as such in the Platform Services Agreement.
31.20 Interpretive authority — scope of Section 30.13
31.20.A.1 The restriction on the Platform’s decision-making and investigative role set out in Section 30.13 of this Policy applies exclusively to consumer-facing complaint handling, refund processing, and dispute resolution between the Platform, Partner Restaurants, and Customers in connection with individual orders.
31.20.A.2 Section 30.13 does not limit or affect the Platform’s right under the Platform Services Agreement to make reasonable determinations regarding the interpretation of conflicting contractual provisions as between the Platform and a Partner Restaurant in a commercial dispute. That interpretive authority operates in the sphere of B2B contract administration and is entirely distinct from the consumer-facing facilitation restrictions in Section 30.13.
31.20.A.3 For the avoidance of doubt: any language in the Platform Services Agreement referring to the Platform “reviewing,” “collaborating,” “assisting,” or “determining” in the context of refunds or disputes refers only to the roles set out in Section 30.13(a) to (c).
31.21 — Platform Operational Standards, Driver Engagement, Marketplace Transparency, and Allergen Protocol (Platform Operational Standards and Transparency)
31.21.A.1 — Dynamic Delivery Pricing: The delivery fee (the Platform’s charge to the Customer for its delivery service, Section 2.30A) reflects real-time supply and demand conditions in the relevant local area. It is not driver remuneration, a wage, a piece rate, or a rate card for driver labour. The Platform exercises no direction or control over driver earnings through this mechanism. When driver availability is high relative to order volume, the delivery fee is reduced to stimulate consumer demand, generating additional job opportunities for available Drivers. When order volume is high relative to driver availability, the fee increases to reflect scarcity conditions. This market-responsive pricing is determined by the Platform’s assessment of real-time supply and demand. Drivers may decline any delivery opportunity regardless of the delivery fee applicable to that opportunity, and such a decision carries no penalty, consequence, or reduction in future opportunities whatsoever. The delivery fee is a signal about consumer demand conditions; it does not create any obligation on any Driver and does not constitute direction of driver behaviour or labour. The fee payable to the Driver for each delivery opportunity (which is separate from the delivery fee paid by the Customer) is determined by the Platform in accordance with its pricing model (which may take into account factors such as distance, time, demand and other relevant variables) and will be notified to the Driver via the Platform prior to acceptance. Each delivery opportunity constitutes an individual offer which the Driver is free to accept or decline. No fee shall be payable unless and until the Driver accepts the relevant delivery opportunity. The Platform reserves the right to set and vary its pricing model and the fees offered for delivery opportunities at its discretion from time to time. Such variations shall apply only to future delivery opportunities and shall not affect fees already accepted by the Driver. The delivery fee payable by the Customer for an order is shown to the Customer before checkout begins and is included in every total price displayed.
The Platform’s delivery opportunity distribution algorithm does not use a Driver’s historical acceptance patterns, historical availability, or historical response times as a variable in determining the frequency or nature of future delivery opportunities presented to that Driver. Opportunities are distributed based on current proximity and real-time demand conditions only.
31.21.A.2 — Technology Access and Driver Safety Decisions: The Platform does not operate a performance management, disciplinary, or underperformance process in respect of independent Drivers, as no employment or worker relationship exists between the Platform and any Driver. The Platform does not monitor Driver acceptance rates, does not impose minimum engagement requirements, and does not take corrective or disciplinary action in respect of Driver conduct. Where the Platform becomes aware, through verified and documented evidence (including its own compliance records), that a Driver’s continued access to the Platform’s technology poses a material safety risk, constitutes a verified breach of the Driver Subcontractor Agreement (including but not limited to confirmed insurance lapse, confirmed right-to-work failure, or confirmed fraudulent manipulation of delivery confirmation systems), or involves confirmed criminal conduct in connection with a Platform delivery, the Platform may elect to cease making its technology available to that Driver. This is a technology access decision taken by the Platform as counterparty to the Driver Subcontractor Agreement, and does not constitute disciplinary action, dismissal, or any other employment law concept. No Driver holds any right to continued access to the Platform’s technology, and the cessation of access does not create or evidence any employment or worker relationship. All such technology access decisions are documented in writing, identifying the specific verified event that triggered the decision, and retained in the Platform’s compliance records.
31.21.A.3 — Driver Ratings: Transparency Information Only: Driver ratings displayed within the Platform’s backend driver application interface are generated by customers based on their experience of the delivery. They are not generated, weighted, or modified by the Platform. The Platform does not use driver ratings for any of the following purposes: determining which Drivers receive delivery opportunities; algorithmically deprioritising or prioritising Drivers based on rating; making technology access decisions; or any other form of Driver management or control. The Platform may make available to customers limited Driver information, including the Driver’s name and contact number, solely for the purposes of facilitating the delivery, enabling customers to verify the name of the Driver at the point of delivery, and allowing customers to communicate in relation to that delivery and provide feedback. Such information is provided on a limited, purpose-specific basis and must not be used by customers for any other purpose, including marketing, harassment, or any form of unauthorised contact. The Platform reserves the right to determine the nature and extent of Driver information shared with customers and to modify such information at its discretion in order to comply with applicable data protection laws and operational requirements. A Driver’s rating, whether high or low, has no effect on the volume, frequency, or nature of delivery opportunities made available to that Driver through the Platform’s systems.
Customer contact information shared with Drivers (including but not limited to the customer’s name, delivery address, and contact telephone number) is provided solely for the purpose of facilitating the specific delivery to which it relates. Drivers must not use, retain, or contact customers using this information for any purpose other than completing the active delivery. Customer contact details are accessible to the Driver only during the active delivery window and are deleted from the driver-facing application within 72 hours of delivery confirmation or cancellation.
31.21.A.4 — Marketplace App Ranking Parameters (P2B Regulation Disclosure): In compliance with The Online Intermediation Services for Business Users (Enforcement) Regulations 2020, the Platform hereby discloses the main parameters used to determine the ranking order in which Partner Restaurants are displayed within the Marketplace App, and the relative weighting of those parameters.
Primary parameter — Google Reviews aggregate rating (50% weighting): The aggregate customer rating for each Partner Restaurant as publicly displayed on Google Reviews. This parameter is chosen because it represents the most widely trusted, independently verified, and publicly available quality signal for any food business, generated by real customers independently of the Platform. The Platform does not control, influence, or modify Google Reviews data. A higher aggregate Google rating results in a higher ranking position.
Secondary parameter — Demonstrable social media brand-building effort (50% weighting): An assessment of the Partner Restaurant’s demonstrable investment in its brand and customer relationships through its public social media presence, evaluated by reference to posting frequency, content quality, follower engagement, and consistency of brand communication. This parameter rewards Partner Restaurants that demonstrate active commitment to their customer relationships and brand identity. Assessment is made by the Platform periodically and updated when material changes in a Partner Restaurant’s social media presence are identified.
These are the only two parameters used to determine ranking. The Platform does not accept payment, commission, or any other consideration in exchange for ranking position. All Partner Restaurants included in the Marketplace App are displayed and accessible to customers — ranking affects display order only, not whether a restaurant is included. Restaurants are displayed in groups of six per screen, with all participating restaurants accessible through successive screens.
Partner Restaurants who wish to raise concerns about their ranking or request a review of the assessment of their social media presence may do so by contacting admin@virtuousrestaurants.com. The Platform will respond to such requests within fifteen (15) business days.
31.21.A.5 — Payment Facilitation Structure: All customer payments are processed within Stripe’s own FCA-authorised payment infrastructure under Stripe’s e-money institution authorisation. Customer funds flow into a Stripe-managed account structure and are automatically disbursed to Partner Restaurant Stripe Connect accounts through Stripe’s automated settlement system, applying the percentage arrangements agreed in each Partner Restaurant’s Platform Services Agreement. Disbursement is automated, rule-based, and non-discretionary — it occurs through integrated software without human intervention on individual transactions. The Platform does not hold customer funds at its own discretion.
Under this structure, the Platform acts as a commercial agent facilitating transactions between customers and Partner Restaurants, rather than as a payment institution.
All payment services are provided by Stripe, a regulated payment service provider. Customer payments are processed through Stripe’s infrastructure and are settled directly to connected accounts in accordance with pre-configured settlement parameters.
The Platform does not hold customer funds in its own bank account (other than its own fees, which it receives as revenue) and does not exercise discretion over individual payment flows. Any settlement timing applied is predetermined, applied uniformly, and forms part of the Platform’s standard commercial arrangement with Partner Restaurants. The Platform’s role is limited to facilitating the underlying commercial transaction and instructing payment flows within Stripe’s regulated environment.
The net settlement amount applicable to each order is calculated by applying the following formula to that order: total transaction value, less (a) the applicable Stripe processing fee for that transaction; (b) the Platform’s commission as agreed in that Partner Restaurant’s Platform Services Agreement; (c) the Platform’s delivery fee and any Platform service fee, which are the Platform’s own charges collected at checkout and do not form part of the Partner Restaurant’s revenue; and (d) any other deductions as applicable under that Platform Services Agreement. The deduction structure applicable to each Partner Restaurant is set out in their individual Platform Services Agreement. Net settlement amounts are aggregated across orders completed within the relevant settlement period and transferred to the Partner Restaurant’s Stripe Connect account within ten (10) working days of each completed order. Aggregate transfers do not correspond individually to specific orders. On request, the Platform provides a statement for each settlement period listing the orders, the Platform’s commission and fees, and any deductions, sufficient for the Partner Restaurant’s accounting and VAT records, and issues VAT invoices for its commission and fees where required. Partner Restaurants receive an automated order confirmation notification by email at the time each order is accepted, setting out the gross order value of that order. These notifications, the Partner Restaurant’s agreed commission rates, and the settlement statements described above enable the Partner Restaurant to reconcile aggregate settlement transfers received. Partner Restaurants confirm by entering into their Platform Services Agreement that this settlement and information model is understood and accepted in full.
31.21.A.6 — Allergen Information Update Protocol: The Platform is committed to maintaining the accuracy of allergen information displayed through its ordering interfaces, to the maximum extent possible given that all allergen information is provided by and remains the sole legal responsibility of the Partner Restaurant. At a minimum of every three (3) months, the Platform will send a written communication to each active Partner Restaurant via the Partner Restaurant’s provided email address or dedicated WhatsApp support channel, explicitly requesting confirmation that all allergen information currently displayed in the ordering widget is accurate, current, and compliant with all applicable UK food allergen legislation including retained Regulation (EU) No 1169/2011 and the Food Information Regulations 2014 (and equivalent legislation in Scotland, Wales and Northern Ireland). The communication will name the legal obligation, specify the information that requires review, and provide a clear mechanism for the Partner Restaurant to submit updates.
Where a Partner Restaurant does not respond to an allergen update request within seven (7) days, the Platform may (but shall not be obliged to) issue a follow-up communication via the same or an alternative channel. The Partner Restaurant remains solely responsible for the accuracy, completeness and timeliness of all allergen and food information provided to the Platform.
The Platform shall be deemed to have satisfied its obligation to take reasonable steps to obtain updated allergen information where it has made an initial request and at least one follow-up attempt. The Platform shall not be liable for any failure by a Partner Restaurant to respond or to provide accurate or updated information. All allergen update communications — including the date of despatch, the channel used, and any response received — will be recorded in the Platform’s operational compliance log and retained for a minimum of six (6) years.
The allergen update protocol does not transfer or reduce the Partner Restaurant’s sole and complete responsibility for the accuracy of allergen information. It constitutes the Platform’s voluntary proactive due diligence step in furtherance of customer safety, and evidence of this protocol will be maintained and available for production in any regulatory investigation or legal proceedings.
31.21.A.7A — Physical Quick Guide: Every Partner Restaurant onboarded to the Platform is provided with a laminated physical Quick Guide setting out the key operational procedures applicable to the Platform’s ordering and delivery system, including driver verification procedures, the delivery PIN system, the allergen update obligation, and the contact details for Platform support. The Quick Guide is provided at the point of onboarding and re-issued whenever material changes to operational procedures are made. Partner Restaurants are required under Clause 4.12 of this Policy to keep the laminated Quick Guide accessible on their premises at all times.
31.21.A.7B — All customer data generated through a Partner Restaurant’s loyalty rewards programme operated by the Platform (including points balances, redemption history and associated personal data) constitutes Restaurant Data as defined in the Platform Services Agreement, for which the Platform acts as processor. Customer platform accounts, sign-in data and delivery data are the Platform’s own data as independent controller (Privacy Policy Section 5A). The Partner Restaurant is the data controller for all such loyalty data and it is subject to the same processing framework, data protection obligations, and security standards as apply to order data under this Policy and the Platform Services Agreement.
The Platform operates each Partner Restaurant’s loyalty programme on that restaurant’s documented instructions, including recording points earned and redeemed, applying the expiry period the restaurant selects for each promotion (30, 60, 90 or 365 days), displaying the balance and expiry date in the customer’s account and at checkout, and sending an automated reminder approximately 10 days before expiry. Points are valid only with the restaurant that issued them. The Platform sends the reminder to the contact details held on the customer’s account and is not responsible for non-delivery of any individual message by an email, SMS or messaging provider, provided the reminder was despatched and the balance and expiry date were displayed in the account. The Partner Restaurant is responsible for the terms of its own programme, including the expiry period and the promotion under which points are issued.
31.21.A.7C — Each registered independent Driver is provided with a copy of the Driver Quick Guide upon successful registration. Each Driver Supplier is provided with the Driver Supplier Quick Reference upon execution of their Agreement. Each Specialist Restaurant Referrer is provided with the Specialist Referrer Quick Reference upon execution of their Agreement. The Platform re-issues updated versions whenever material operational changes are made and notifies all relevant parties through their registered contact details. Any party who has not received their relevant Quick Guide or Quick Reference must notify the Platform in writing at the relevant contact address listed at virtuousrestaurants.com/authorised-communications to request a replacement copy. No party may claim ignorance of their operational obligations on the basis of not having received, read, or retained the relevant Quick Guide or Quick Reference, whether or not they requested a replacement copy when it was not received.
31.21.A.7D — The Platform Services Agreement requires Partner Restaurants to retain driver verification and handover collection records for a minimum of 12 months for dispute resolution, chargeback defence, or regulatory requirements (see Clause 5(q) of the Platform Services Agreement). The figure referenced in the Restaurant Quick Guide reflects this contractual minimum and the minimum operational review cycle for the physical driver verification log. For all purposes of legal compliance, tax, food safety, allergen liability, and data protection generally, Partner Restaurants retain such records for the longer period of 6 years from the date of the relevant order, as set out in the Partner Restaurant’s Privacy Policy, which satisfies and exceeds the 12-month contractual minimum. In the event of any inconsistency between the operational guidance in the Quick Guide and the retention period in the Restaurant Privacy Policy, the Restaurant Privacy Policy shall prevail. Neither the Quick Guide nor this clause reduces, replaces, or supersedes any obligation under applicable law, this Policy, the Platform Services Agreement, or the Partner Restaurant’s Privacy Policy.
31.21.A.8 — Platform Insurance: The Platform maintains adequate insurance cover appropriate to its operations as a technology platform and delivery service provider, including public liability, professional indemnity and goods-in-transit cover appropriate to its role as delivery service provider. Insurance is maintained with AXA, a financially rated insurer, and cover levels are reviewed annually. The existence of insurance cover does not alter, expand, or modify the Platform’s liability position as set out in this Policy and the Platform Services Agreement — it constitutes a practical backstop only.
31.21.A.9 — Driver Engagement Non-Monitoring Declaration:
For the avoidance of doubt and as a matter of recorded operational policy, the Platform hereby declares that it does NOT and will NOT:
(a) monitor or record Driver job acceptance rates for the purpose of making any operational, commercial, or access decision in respect of any Driver;
(b) algorithmically or manually deactivate or deprioritise any Driver based on their level of activity, availability, or responsiveness;
(c) impose or enforce minimum engagement requirements, minimum availability windows, or minimum job acceptance thresholds on any Driver;
(d) take any adverse action against any Driver based on their decision not to make themselves available, not to respond to any communication, or not to accept any delivery opportunity;
(e) use the WhatsApp group or any other communication channel to create or imply any obligation of engagement, response, or availability on the part of any Driver;
(f) require any Driver to wear, display, or use any branded clothing, equipment, or materials as a condition of accessing delivery opportunities, as a condition of any engagement, or as a factor in any technology access decision. Branded items — including but not limited to branded jackets, bags, and equipment — are available for optional purchase by Drivers at virtuousrestaurants.com/equipment. The purchase of branded items is a separate commercial transaction entirely independent of the Driver Subcontractor Agreement and the Platform’s delivery operations. Whether a Driver purchases, wears, uses, or displays any branded item, or chooses not to, has no effect whatsoever on the volume, frequency, or nature of delivery opportunities made available to that Driver, on any technology access decision, or on any other aspect of the Driver’s engagement with the Platform. The Platform does not record, monitor, or factor branded item purchases or non-purchases into any operational or access decision. Purchased branded items become the Driver’s personal property immediately upon purchase and are not returned to the Platform upon termination of the Driver Subcontractor Agreement for any reason.
This declaration forms part of the contractual record between the Platform and all Drivers and may be relied upon by any Driver as a representation of the Platform’s operational conduct.
31.21.A.10 — Partner Restaurant Branded Materials and Onboarding Supplies: The Platform may, at its discretion and as part of its technology service offering, provide Partner Restaurants with branded operational materials including but not limited to: branded tamper-evident packaging bags, branding stickers, window decals, and in-venue customer-facing materials identifying the restaurant as a Platform participant. Such materials are provided as part of the Platform’s technology service and are not sold. Their provision does not alter the independent nature of the Partner Restaurant’s relationship with the Platform, does not transfer any liability for food preparation, allergen compliance, or order fulfilment from the restaurant to the Platform, and does not create or imply any employment, agency, or partnership relationship. Partner Restaurants are responsible for using such materials in accordance with applicable law, including food safety and trading standards requirements.
31.21.A.11 — Following successful registration, Drivers are informed of the optional availability of branded items — including jackets, bags, and equipment — available for purchase at virtuousrestaurants.com/equipment. Purchase is entirely optional, at the Driver’s sole discretion, and constitutes a separate commercial transaction independent of the Driver Subcontractor Agreement. Whether a Driver purchases or declines to purchase any branded item has no effect on opportunity access, opportunity frequency, or any other aspect of the Driver’s engagement with the Platform. The Platform does not record purchase decisions or factor them into any operational determination. Purchased branded items are subject to the Platform’s standard terms of sale available at virtuousrestaurants.com/equipment.
Purchases of branded items are subject to UK consumer law including the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Customers have a 14-day right to cancel from the date of receipt. Full terms of sale are published at virtuousrestaurants.com/equipment.
31.21.A.12 — Platform Provided Marketing Materials Restaurant Distribution Responsibility: The Platform may, at its discretion, provide Partner Restaurants with printed marketing materials (including but not limited to promotional leaflets, window stickers, and table materials) designed to promote the Partner Restaurant’s direct ordering channels. Such materials are provided by the Platform for use at the Partner Restaurant’s sole discretion and are intended for distribution in the restaurant’s own direct orders, in-venue, or through any ordering channel operated directly by the Partner Restaurant. The Platform does not direct, instruct, or advise Partner Restaurants regarding the use of such materials in orders fulfilled through third-party delivery platforms. The Partner Restaurant is solely responsible for ensuring that its distribution of any Platform-provided marketing materials complies with all applicable agreements it holds with third-party platforms. The Platform shall have no liability for any consequences arising from the Partner Restaurant’s distribution of marketing materials through channels that are subject to third-party agreements the Platform is not a party to.
31.21.A.13 — Platform Marketplace Service Communications: Where a customer has placed an order through any ordering interface operated by the Platform, the Platform may, as an independent data controller and in accordance with the Privacy and Electronic Communications Regulations 2003 (as amended), contact that customer by electronic means (including email, SMS, or WhatsApp) to provide information about other restaurants available through the Virtuous Restaurants marketplace platform, subject to the following conditions:
(a) Communications are limited to informational content about the Platform’s marketplace, partner restaurants, and related services. The Platform does not sell customer data to third parties, and these communications are not third-party advertising.
(b) Customers are offered a simple opt-out at checkout, when their contact details are collected, and each communication includes a clear, prominent, and functional opt-out mechanism. Any customer who has opted out will not receive further communications.
(c) This processing is carried out on the lawful basis of the Platform’s legitimate interests under UK GDPR Article 6(1)(f) and constitutes use of contact details obtained in the course of a sale for the purposes of marketing similar products or services under Regulation 22(3) of the Privacy and Electronic Communications Regulations 2003.
(d) The Platform’s Privacy Policy sets out full details of how customer data is processed and how customers may exercise their rights.
Partner Restaurants acknowledge and accept that this communication mechanism forms part of the Platform’s technology services and does not constitute processing of the Partner Restaurant’s customer data for purposes beyond those described in this Policy and the Privacy Policy.
31.21.A.14 — Where the Platform enables tip or gratuity functionality within its ordering interface, any tip amount entered by a Customer constitutes a voluntary additional payment made directly to the Partner Restaurant as the party contracting with the Customer for the supply of food. The Platform transmits the tip to the Partner Restaurant as part of the standard transaction settlement via Stripe, without deduction, in the same manner as the food payment. The Platform’s role in respect of any tip amount is purely technical — it collects and transmits the payment on the Partner Restaurant’s behalf and has no discretion over, involvement in, or responsibility for the allocation, distribution, or retention of tip amounts by the Partner Restaurant.
Whether and how the Partner Restaurant chooses to treat any tip amount — including whether to share any portion with any person including its own staff or any independent delivery driver — is an entirely independent commercial decision of the Partner Restaurant, made outside this Platform’s framework and without any involvement, direction, or knowledge of the Platform. Any such arrangement is a matter solely between the Partner Restaurant and the relevant party. It does not create any obligation, entitlement, or expectation in respect of any independent driver registered with the Platform, and it does not alter the independent contractor status of any such driver or their relationship with the Platform in any respect.
The Partner Restaurant is solely responsible for ensuring its own handling of tip amounts complies with all applicable legislation, including the Employment (Allocation of Tips) Act 2023 in respect of its own employees and workers. The Platform makes no representation regarding the allocation of tips by any Partner Restaurant and bears no responsibility for any Partner Restaurant’s compliance or non-compliance with applicable tipping legislation. Nothing in this clause creates any obligation on the Platform to monitor, verify, or enforce any Partner Restaurant’s tipping practices.
Where tip functionality is enabled, the checkout interface will clearly identify the tip field as an optional additional payment to the Partner Restaurant. The Platform will not present any tip field as a driver tip or suggest that any tip amount will be passed to the delivery driver, as the Platform plays no role in any such allocation.
31.21.A.15 — Age-Restricted Items Verification Protocol
Where the Platform’s ordering system permits the sale of alcohol or other age-restricted items, the Partner Restaurant is responsible for flagging any such item within its menu data. This flag triggers a prominent on-screen notice shown to the Customer when they select or view that item within the Platform’s ordering interface, informing the Customer that the item is age-restricted, that they must be 18 or over to order it, and that valid photo identification may be required at the point of delivery or collection. The Partner Restaurant must also apply a clear physical marking to any sealed package containing an age-restricted item, in accordance with Section 4.41, before handover to the Driver. The Driver must apply the “Challenge 25” standard described in Section 3.27 before releasing any such order; this obligation is a term of the Driver’s engagement independently of any prompt, warning, or confirmation step within the Platform’s driver application, which the Platform’s driver application does not include. Where the Driver cannot confirm the Customer’s age, the entire order — including any non-age-restricted items packaged within the same seal — is not released, and is instead treated as an attempted delivery in accordance with Section 3.27. This protocol applies equally to collection/pickup orders, where the equivalent check is performed by Partner Restaurant staff at the point of handover. The Partner Restaurant remains solely responsible for holding all licences and authorisations required to sell any age-restricted item it lists, and for compliance with any conditions attached to such licences, including permitted hours of sale.
31.22 — Universal Principles, Successor Technology and Temporal Permanence
31.22.A.1 — Foundational principles: This Policy is built on the six foundational principles in (i) to (vi) below, read together with the interpretive note in (vii), which are universal, technology-independent, and temporally permanent regardless of any future revision to specific provisions, technology, legislation, or operational implementation:
(i) Risk allocation follows verified physical custody. Risk in an order transfers at the point of verified transfer of physical possession or, where the Customer chose contactless delivery or did not respond, at the documented equivalent point set out in Section 5.0, in each case evidenced objectively and independently, regardless of the technology used to create that evidence.
(ii) Evidence-based accountability: Liability attaches only where objective, independently generated, and unmanipulated evidence establishes it. No subjective account, verbal assertion, or unverified claim by any party constitutes sufficient basis for any determination under this Policy. This principle governs the allocation of responsibility between the Restaurant, the Platform and Drivers; it never limits a Customer’s statutory rights (Section 1.3A).
(iii) Consumer statutory rights are non-negotiable. No technological mechanism, no future revision of this Policy, and no evolution of the Platform’s operations shall reduce any right a consumer holds under applicable consumer protection law. This principle is absolute and survives any version of this Policy.
(iv) The Platform is a technology intermediary and, for delivery orders, a delivery service provider. It creates and operates technology that connects parties and provides the delivery service through independent Drivers (Section 1.12C). It does not supply goods or employ Drivers, and it does not decide disputes about the food; the only determinations it makes are those listed in Section 30.13.
(v) All obligations in this framework derive their legitimacy from the voluntary, informed acceptance of each party. No provision binds any party who did not freely and knowingly enter into it. The consent of each party is the foundation of every specific obligation. Where consent was not genuinely free or informed, no provision of this framework operates to the detriment of the party whose consent was compromised. This principle does not affect obligations that arise from conduct — such as the submission of an order after ticking the checkout acknowledgement box — but it governs the interpretation of all provisions and requires that no provision be applied in a manner that exploits a party’s lack of information, bargaining power, or genuine choice.
(vi) Every timeframe, threshold, standard, and procedural requirement in this framework represents a proportionate balance between the legitimate interests of the parties. No provision is designed or shall be applied to defeat a legitimate claim through procedural strictness alone. Where strict compliance with any requirement in this framework was impossible due to verified exceptional circumstances beyond the affected party’s control, proportionate extension or adaptation applies. The purpose of every specific provision is to prevent disputes by creating moments of documented mutual confidence between parties, not to prepare traps for parties who act in good faith. Any interpretation of any provision of this framework that would produce a disproportionate outcome between a party’s procedural failure and the consequence applied to them is an incorrect interpretation. The proportionality principle is the meta-rule governing the application of all specific provisions.
(vii) Interpretive Note on Information Asymmetry — Obligation follows information: The obligations in this framework are calibrated to the information available to each party at each stage of an order. The party with greater information about any stage of the transaction bears proportionally greater responsibility for the accuracy of that information. This is why the restaurant bears responsibility for food content and allergens — the restaurant knows what is in the food and the customer does not. It is why the Platform’s delivery service bears responsibility for safe transit, with recourse against the Driver — the Driver knows what happened during delivery and the customer was not present. It is why PIN confirmation transfers risk to the customer — the customer is present at delivery and the driver’s role ends. As technology changes the distribution of information between parties, this framework’s obligations will adapt through the annual review process to reflect the new information reality. The principle — obligation follows information — is permanent. The specific obligations it produces are expressions of current information conditions.
31.22.A.2 — Technology-neutral implementation: All references in this Policy to specific technologies, platforms, or systems — including without limitation PIN confirmation, GPS records, photographic evidence, Stripe, Firebase, WhatsApp, QR codes, or any named application — describe the current operational implementation of the underlying principles only. Where any named technology is superseded, replaced, or evolved, this Policy shall be read as referring to the successor technology or mechanism that performs the equivalent function, provided the core operational framework — risk allocation sequence, delivery confirmation, evidence standards — remains functionally equivalent. No change of technology provider or confirmation mechanism constitutes a material change to this Policy provided the six foundational principles in 31.22.A.1 are preserved.
31.22.A.3 — Successor legislation: All references to specific legislation in this Policy — including without limitation the Consumer Rights Act 2015, Data Protection Act 2018, UK GDPR, Food Safety Act 1990, the Food Information Regulations 2014, Late Payment of Commercial Debts (Interest) Act 1998, Data (Use and Access) Act 2025, and all other named statutes — shall be read as including any legislation that amends, replaces, consolidates, or supersedes them. The Platform’s commitment is to the purpose and protection each piece of legislation represents, not to the specific enactment, and that commitment survives legislative change.
31.22.A.4 — Successor entities: All references to specific companies, regulators, or institutions — including without limitation Stripe, Google LLC, Firebase, the ICO, the CMA, the FCA, the FSA, Apple Inc., and any other named entity — shall be read as including any successor, acquirer, replacement regulator, or equivalent body that performs the equivalent function under applicable law at the relevant time.
31.22.A.5 — Payment mechanism neutrality: The payment facilitation framework in Section 31.21.A.5 applies regardless of the payment mechanism used, including without limitation traditional payment cards, bank transfers, digital wallets, central bank digital currencies, cryptocurrency, tokenised assets, or any future payment paradigm not yet in existence. The Platform’s role as commercial agent facilitating the underlying transaction and its non-custodial relationship with customer funds are the operative principles and survive any change in payment technology. Where a new payment mechanism is introduced, the Platform will operate it in a manner consistent with these operative principles and notify Partner Restaurants accordingly.
31.22.A.6 — Artificial intelligence and automated ordering: Where an order is placed through an automated system, artificial intelligence agent, large language model, algorithmic process, or any autonomous technology operating on behalf of a human individual or legal entity (an “AI Order”), the human individual or legal entity that authorised or deployed that system for the purpose of placing orders through the Platform is the Customer for all purposes of this Policy and bears all obligations, responsibilities, and liabilities of a Customer. The automated or AI nature of the ordering process does not alter the contracting restaurant’s obligations, the delivery driver’s obligations, or the allocation of risk under this Policy. Where an AI agent or automated system generates, captures, or submits evidence (including photographic, video, GPS, or confirmation data), such evidence is subject to the same authenticity, manipulation, and integrity provisions as human-generated evidence under this Policy. Evidence generated by an AI system controlled by or acting on behalf of any party is subject to the same fraud and misrepresentation provisions as if generated by that party directly.
Where an order is placed by one party (the “ordering party”) using payment credentials belonging to or authorised by a different party (the “paying party”), both parties are jointly and severally bound by this Policy in respect of that order. The ordering party is the “Customer” for all delivery, confirmation, and risk allocation purposes. The paying party’s authorisation of the payment credentials for use constitutes acceptance of this Policy by the paying party to the extent of their financial obligation under the order. This provision applies equally to orders placed through corporate accounts, prepaid arrangements, or any structure in which the person submitting the order is different from the person whose payment method is used.
31.22.A.7 — Future delivery mechanisms and confirmation technology: Any mechanism that produces independently verifiable, objective, tamper-evident, and timestamped proof that an order was received by the correct recipient at the correct address constitutes valid delivery confirmation with equivalent legal effect to PIN confirmation under this Policy. The PIN system is the current implementation of this principle. Future implementations (including without limitation biometric confirmation, blockchain-verified handover, geofenced autonomous confirmation, or any other technology producing equivalent evidentiary value) carry identical legal weight provided they satisfy the independence, objectivity, and tamper-evidence requirements of this clause.
31.22.A.8 — Jurisdictional adaptation: This Policy is governed by the laws of England and Wales. Where the Platform operates in or serves parties in additional jurisdictions, the six foundational principles in 31.22.A.1 apply in all jurisdictions to the maximum extent compatible with applicable local law. The Platform will maintain jurisdiction-specific supplementary provisions where required by applicable law. The consumer protection principle in 31.22.A.1(iii) applies in every jurisdiction and yields only where local law requires a higher standard of consumer protection.
Customer Complaints and Resolution Process
If you have an issue with the food (missing or incorrect items, quality, or allergens), contact the restaurant, which is your contracting party for the food. If you have an issue with delivery (lateness, non-delivery, or damage in transit), contact the restaurant or us at support@virtuousrestaurants.com; either will pass it on. Your statutory rights under the Consumer Rights Act 2015 are always preserved.
If you have a query about the platform’s technology, for example, a technical issue with the app or ordering system, contact us at support@virtuousrestaurants.com.
The Platform’s role in complaints is set out in Section 30.13: it does not decide complaints about food, and it is responsible for complaints about its delivery service.
If, after engaging with the restaurant or the Platform, your complaint cannot be resolved and you wish to seek further redress, you may have rights under UK law to refer the matter to alternative dispute resolution (ADR) or to the courts. Nothing in this Policy affects those rights.
Conclusion
The policy is designed to be fair and clear for everyone involved (customers, independent drivers, and restaurants). When a customer places an order, the restaurant begins preparing it immediately, committing time, ingredients, and resources. Because of this, orders are final and cannot usually be cancelled; however, customers retain the right to inspect the food, report missing or damaged items, and rely on their legal protections under UK consumer law.
Drivers are independent contractors engaged by the Platform, which provides the delivery service. Restaurants, the Platform and Drivers are protected through the Delivery Code and photographic evidence system, which shows when the order was handed over and in what condition. Responsibility passes in the sequence set out in Section 5.0 (restaurant, then the Platform’s delivery service, then the customer), and none of it reduces the customer’s legal rights.
This Delivery Responsibility, Risk Allocation, and Accountability Policy is intended as a practical framework to promote efficiency, accountability, and fairness in the use of our services.
Thank you for reading this policy and for your continued trust in our platform.
Last material amendment: 14th May 2026