Welcome to NomNoms. This page (together with the documents referred to in it) tells you the terms (the “Terms”) which apply when you order any menu items (the "Items") from our nomnoms.gi website or mobile applications and related services (each referred to as an “Application”).
Please read these Terms carefully before ordering any Items from our Application. If you have any questions relating to these Terms please contact before you place an order. If you are a consumer, you have certain legal rights when you order Items using our Application.
You can find more information about these rights at: https://www.oft.gov.gi/index.php/consumer-protection. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them. By setting up your NomNoms account, you confirm that you accept these Terms.
Nomnoms.gi is a website operated by NomNoms Limited ("we", "us" or "NomNoms"), incorporated and registered in Gibraltar at registered office Unit 22, 43-45 Flat Bastion Tunnels, Flat Bastion Road, GX11 1AA, Gibraltar. Our Company registration number is 118421. You may contact us at , by phone on +350 20077907, or by using any of the contact options in our app / website.
Our objective is to link you to the restaurants we partner with (“Partner Restaurants") and allow you to order Items for delivery (our “Service”). Where you order from a Partner Restaurant and that order is then accepted by the Partner Restaurant, NomNoms will conclude your order from our Application and manage your experience throughout the order process. Once you have placed an order, your Items will be delivered to you by NomNoms (“NomNoms Delivery”). In some cases, the Partner Restaurant may be owned by or affiliated with us.
Before you can place orders for Items using our Application, you need to open a NomNoms account. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.
You may close your account by contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue with an order, by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).
Each Partner Restaurant has a prescribed delivery area which generally includes most areas of Gibraltar (the “Delivery Area”). The Delivery Area, or parts of it, may change or be temporarily unavailable at any time due to factors such as (but not limited to) adverse weather, traffic accidents or acts of God. This is to ensure that Items reach your door at their best.
Our Partner Restaurants each decide their own operating hours. That means that the availability of our Service, and the range of Partner Restaurants from which you can order, depends on the operating hours set by both, NomNoms and our Partner Restaurants. If you try to order a delivery to a location outside the Delivery Area or outside our operating hours or that of a Partner Restaurant, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.
When you place an order through our Application, it needs to be accepted by the Partner Restaurant before it is confirmed. We will send you a notification if your order has been accepted (the "Confirmation Notice"). The contract between you and the Partner Restaurant for the supply of any Item(s) you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account, and for related delivery charges, and for complying with these Terms, even if you have ordered the Item for someone else.
Some Partner Restaurants operate a minimum order value policy. This will be displayed on our Application. All Items are subject to availability.
Partner Restaurants may use nuts or other allergens in the preparation of certain Items. It is your responsibility to inform our Partner Restaurant if you are allergic to any ingredients prior to ordering any Item(s). Although NomNoms provides customers with a means of communicating with the Partner Restaurant (by leaving a comment prior to completing an order) NomNoms recommends customers call the Partner Restaurant directly to ensure they have been correctly informed of any specific dietary requirements (including allergens). NomNoms cannot guarantee that any of the Items sold by our Partner Restaurants are free of allergens.
We are not responsible and/or liable for any damage or injury howsoever caused or suffered by the consumption of any Item(s) that a Customer has ordered through our app/website.
Unfortunately, despite our, and our Partner Restaurant’s best efforts, things do not always go to plan and factors such as traffic and weather conditions may prevent us from delivering your Item on time. If your order is more than 45 minutes late, and we haven’t notified you giving you the option to cancel your order, we will work with you to make things right unless you have caused the delay (e.g. because you gave us the wrong address or did not come to the door).
We will attempt delivery at the address you provide to us when you place your order. If you need to change the delivery location after you have placed your order, we may be able to change the address to an alternative one that is registered with your account if you let us know before the driver has been dispatched, and the new address is within the Delivery Area. If we cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Item, and if the driver has been dispatched you will also be charged for delivery.
You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):
You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and is agreed) before you place your order. If you believe that the Items you have been delivered do not comply with these legal rights, please let the Partner Restaurant know. They may request photographic evidence of the problem. If the Partner Restaurant is satisfied that a refund should be made, they may, at their complete discretion, provide you with a refund in respect of the affected Item unless there is reasonable cause to believe that the problem was caused after delivery.
For any problems arising in connection with a driver, please contact us directly. We may, at our complete discretion, provide you with a refund or account credit in respect of the Item(s) and/or delivery if we are satisfied that such action is merited depending on the circumstances.
Prior to processing your refund (or account credit), we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and information from the Partner Restaurant.
Alcoholic beverages can only be sold and delivered to persons aged 18 or over. By placing an order for alcohol, you confirm that you are at least 18 years old. NomNoms operates the Challenge 25 age verification policy whereby customers who look under 25 will be asked by the delivery driver to provide proof that they are aged 18 or over. The driver may refuse to deliver any alcohol to any person who does not look 25 unless they can provide valid photo ID proving that they are aged 18 or over. The Partner Restaurant and the delivery driver may also refuse to deliver any alcohol to any person who is, or appears to be, under the influence of either alcohol or drugs. If delivery of alcohol is refused, you will still be charged for the relevant beverage and for delivery.
NomNoms and/or the Partner Restaurant may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us or the Partner Restaurant and we will reimburse you for any payment already made using the same method you used to pay for your order.
NomNoms may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. Prices can also change at any time at the discretion of the Partner Restaurants. No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any orders in process and appearing within your basket. If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid. Where NomNoms makes a delivery, we will charge you a delivery fee. This will be notified to you during the order process before you complete your order.
The total price of your order will be set out on the checkout page on our Application, including the prices of Items, Delivery and optional Driver Tip.
Payment for all Items and deliveries can be made on our Application by credit or debit card, or other payment method made available by NomNoms. Once your order has been accepted by the restaurant your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to NomNoms. Payment may also be made by using e-vouchers. Use of these is subject to NomNoms's Voucher and Account Credit Terms.
We are authorised by our Partner Restaurants to accept payment on their behalf and payment of the price of any Items or delivery charges to us will fulfil your obligation to pay the price to the Partner Restaurant.
Partner Restaurants sometimes make special offers available through our Application. These are visible when you look at a Partner Restaurant menu. These offers are at the discretion of the Partner Restaurants. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the Confirmation Notice.
NomNoms e-Vouchers operate as credit applying to a customer’s NomNoms account, redeemable against the cost of Items. Vouchers are referred as Credits.
These Credit Terms apply to your use of any Credits to pay for Items using the NomNoms Service. These Credit Terms apply together with the NomNoms Terms and Conditions of Service, which continue to apply unless they conflict with these Credit Terms, in which case these Credit Terms have priority.
You can “apply” a voucher to your order by (i) entering the Voucher code (if any) at the order payment page or (ii) by adding any reward that we make available to you in the “Your offers and rewards” section of your account page.
Unless otherwise stated, a voucher that has been applied to your account will remain there until it is “redeemed” against an eligible order or expires (whichever is sooner).
Vouchers are usually offered subject to conditions, such as time limits, limits to particular Partner Restaurant or for a particular menu item. If conditions apply they will be stated with your e-voucher.
Use of a Voucher in payment or part-payment may also be subject to specific conditions applicable to that Voucher only, such as a specific minimum order value or that the Voucher may only be redeemed at specific Partner Restaurants or on specific Items.
If the order placed does not comply with the applicable conditions, the Credit may not be redeemed against that order. The payment page on our Site where you confirm your order for Items will show the total order value and the applicable Voucher, if any. If there is a Voucher credit on your account which does not apply to your order, it will not appear on the payment page.
At that point you will have the choice of paying in another way or cancelling the order.
All Vouchers must be redeemed within three calendar months of the date they are applied.
Only one Voucher can be redeemed per order. Each Voucher can only be used once per customer. If you have more than one eligible Voucher applied to your account when you place an order, the Vouchers are redeemed in order of expiry date, with the Voucher expiring the earliest redeemed first.
If you cancel an order made using a Voucher, the Voucher credit will not be restored to the account and the Voucher cannot be re-used.
Once a Voucher is used for payment of an order, any unused amount of credit granted by that Voucher will not be deposited back into your NomNoms account by way of credit.
All information & guidance in NomNoms Meals is intended as guidance only, it does not constitutde professional medical advice and if in doubt please contact a medical professional or nutrionist.
While the utmost care and attention has been applied in the preparation of every meal, because our meals are made to order, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance, therefore the composition may vary slightly in the macro values stated.
If you have a medical condition or think that you have a medical condition relating to diet, please contact a doctor or healthcare professional at once, before taking any of the advice or guidance as part of NomNoms Meals. Diet and exercise should be discussed with medical experts before any action is taken. NomNoms bears no responsibility for any action taken as a result of using this site and its meal plan guidance.
The packaging of the Products may vary from that shown on images on our site.
All products and meals shown on our site are subject to availability, and as such under certain circumstances we reserve the right to substitute certain products which may form part of your order.
When you place an order, you will have the option to make a discretionary payment of a tip or gratuity to the NomNoms driver in addition to the purchase price of the Items in your order. Your rider will receive 100% of any discretionary payment you choose to make.
We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaching these Terms or of failing to use reasonable care and skill in relation to your use of our Service. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage arising from our breach of these Terms before you place an order.
We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by our failure, or our employees’, agents’ or subcontractors’ failure, to use reasonable care and skill; for fraud or fraudulent misrepresentation. Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in our Applications.
We are not responsible and/or liable for any damage or injury howsoever caused or suffered by the consumption of any Item(s) that a Customer has bought through our app/website.
If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance. If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.
We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will notify you. Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice. These Terms are governed by the laws of Gibraltar and you can bring legal proceedings in relation to our Service in the courts of Gibraltar.
Nomnoms.gi is a website operated by NomNoms Limited ("we", "us" or "NomNoms"), a company incorporated and registered in Gibraltar at registered office Unit 22, 43-45 Flat Bastion Tunnels, Flat Bastion Road, GX11 1AA, Gibraltar. Our Company registration number is 118421. NomNoms is a business where the food is prepared by independent restaurants (our "Partner Restaurants") and delivered by us.
Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact straight away to let us know. We can deactivate your account at any time.
You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5 below. You also agree not to access, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service without our prior consent.
These content standards apply to any and all material which you contribute to our Service (the "Contributions"), and to any interactive services associated with it. You must comply with the spirit of the following standards. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in Gibraltar and in any country from which they are posted. Contributions must not:
The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site and/or Service, or by anyone who may be informed of any of its contents.
We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or parts thereof, and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.
We have taken every care in the preparation of our Site and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on our Site or in our Service we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site, our Service, and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
Any material you upload to our Service or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.