USER LICENCE AGREEMENT
This End User License Agreement (the “Agreement”) sets out the terms of license and use that apply to applications and websites for use on any mobile device or PC, developed by D&H Limited ("D&H", a limited company, registered at 20-22 Wenlock Road, London, N1 7GU, UK) for ordering of food to go, such as the one you may be downloading here (the "Applications") including those that D&H makes available for download from the Apple App Store and the GooglePlay Store.
Each Application is provided by D&H jointly with a restaurant or food take-away business as indicated clearly within the Application (the "Food Provider").
D&H does not accept orders from individuals under 18 years of age. If you are under 18 years of age, you are not permitted to place any order through the Application. By placing an Order through an Application, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old.
BY DOWNLOADING. ACCESSING AND/OR USING ANY APPLICATION. YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND
ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN D&H AND YOU (AND. IF RELEVANT, ANY ORGANISATION ON WHOSE
BEHALF YOU ARE ACTING). IF YOU ARE ACTING ON BEHALF OF ANY ORGANISATION, YOU CONFIRM THAT YOU HAVE THE REQUISITE AUTHORITY, POWER
AND RIGHT TO FULLY BIND THAT ORGANISATION. IF YOU (OR, IF RELEVANT, YOUR ORGANISATION) DO NOT AGREE TO ALL OF THESE TERMS (OR IF YOU DO
NOT HAVE THE RIGHT TO BIND YOUR ORGANISATION). YOU ARE NOT PERMITTED TO ACCESS OR USE THE APPLICATION, AND YOU SHOULD YOU SHOULD NOT PROCEED FURTHER.
ACCORDINGLY, PLEASE READ THESE TERMS CAREFULLY.
In these terms, unless the context otherwise requires, all further references to you (and your, etc) means both you as an individual user and also your organisation (if any).
D&H reserves the right to amend this Agreement or any Application at any time and without notice to you. If you do not agree to, or cannot comply with the EULA as amended, you must stop using the Applications. You will be deemed to
have accepted this Agreement as amended if you continue to use any Application after any amendments have been made to this Agreement.
2. Access to the Application
The Application may only be downloaded, accessed and used on a device owned or controlled by you.
You are responsible for the security of your password that you used to register with the Application.
D&H may, from time to time, restrict access to certain features, functions or content of the Application, to users who have registered with D&H. You are not obliged to register with D&H. but if you do not do so, you will not be able to make orders through the Application.
You must ensure that any registration details you provide are accurate.
D&H cannot and does not guarantee the continuous, uninterrupted or error-free operability of the Application or that the Application will perform at a certain speed (since this depends on a number of factors outside D&H's control).
D&H reserves the right to withdraw or suspend the operation of the Application, or cease to provide and/or update content to the Application, with or without notice to you. if D&H needs to do so, including, without limitation, for security, legal or business reasons.
3. What you are allowed to do
You may only use the Application for non-commercial, personal use and only in accordance with these terms, for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.
Subject to the following sections, you may retrieve and display content from the Application on appropriate mobile devices and store the Application in electronic form incidentally in the normal course of use of your mobile device.
4. What you are not allowed to do
Except to the extent expressly set out in these terms, you are not allowed to:
(a) republish, redistribute or re-transmit the Application;
(b) copy or store the Application other than for your own non-commercial, personal use and as may occur incidentally in the normal course of use of your mobile device:
(C) store the Application on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the Application;
(d) remove or change any content of the Application or attempt to circumvent security or interfere with the proper working of the Application or any servers on which it is hosted;
(e) use the Application in a way that might damage the name or reputation of D&H or the Food Provider; or
(f) otherwise do anything that is not expressly permitted by these terms.
All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of them.
To do anything with the Application that is not expressly permitted by these terms, you will need a separate license from D&H. Please contact D&H at email@example.com.
5. How to make an Order and how it is processed
5.1. Compiling your Order
Once you have selected the products you wish to order from the menu on an Application and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order" or similar button (or equivalent in another language). It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so the Food Provider will start processing your Order and errors cannot be corrected.
5.2. Amending or cancelling your Order
Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraph 5.4 for details of the process relating to rejected Orders).
5.3. Processing your Order and Restaurant rejections
On receipt of your Order, the Food Provider should accept the Order triggering an email to you stating that your Order has been received and is being processed. D&H encourages all Food Providers to accept all Orders. However, Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.
6. Price and Payment
6.1. Incorrect pricing
D&H and the Food Provider use reasonable endeavours to ensure all prices in an Application are correct. An Application does though include many menu items, and it is possible that the menu may, from time to time, include incorrect prices. You should be aware of this possibility.
6.2. Payment method
Payment for Orders must be made to the Food Provider at the point of delivery to you.
7. Intellectual property rights
All intellectual property rights in the Applications and in any content of any Application (including text, graphics. software, photographs and other images, videos, sound, trademarks and logos) are owned by D&H or its licensors. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by D&H or its licensors and you acknowledge that you do not acquire any ownership rights by downloading the Application or any content from the Application.
8. Functionality and content
You agree that downloading, accessing and use of the Application that is made available for download free of charge are on an ‘as is’ and ‘as available’ basis and at your sole risk.
D&H reserves the right to change the design, features and/or functionality of the Application by making the updated Application available for download. You are not obliged to download the updated Application, but D&H may cease to provide and/or update content to prior versions of the Application.
Where the Application makes content available, you acknowledge that such content may be updated at any time.
Whilst D&H tries to make sure that content made available by the Application consisting of information of which D&H is the source is correct, you acknowledge that the content in the Application is derived from third parties, for which D&H is not responsible. In all cases, information made available by the
Application is not intended to amount to authority or advice on which reliance should be placed.
Except as expressly set out in these terms, D&H makes or gives no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Application and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, D&H accepts no liability for any loss or damage of any kind Incurred as a result of you or anyone else relying on the content of the Application.
D&H cannot and does not guarantee that the Application or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the Application and its content.
9. Your personal information
10. External links
The Application may, from time to time, include links to external sites, which may include links to third party offers and promotions. D&H includes these to provide you with access to information, products or services that you may find useful or interesting. D&H is not responsible for the content of these sites or for anything provided by them and does not guarantee that they will be continuously available. The fact that D&H includes links to such external sites does not imply any endorsement of or association with their operators or promoters.
11. D&H's liability
Nothing in these terms shall limit or exclude D&H's liability to you:
(a) for death or personal injury caused by D&H’s negligence;
(b) for fraudulent misrepresentation; or
(C) for any other liability that may not, under English law, be limited or excluded.
Subject to this, if you are a consumer and not a business user, in no event shall D&H be liable to you for any business losses and any liability D&H does have for losses you suffer is strictly limited to losses that were reasonably foreseeable, and if you are a business user, in no event shall D&H be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.
D&H will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control.
You may not transfer or assign any or all of your rights or obligations under these terms.
All notices given by you to D&H must be given in writing to the address set out at the end of these terms and conditions.
If D&H fails to enforce any of its rights, that does not result in a waiver of that right.
It any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.
These terms may not be varied except with the express written consent of D&H.
These terms and any document expressly referred to in them represent the entire agreement between you, on the one hand, and D&H and the Food Provider on the other hand, in relation to their subject matter. D&H is required by law to advise you that any contract formed on these terms may be concluded in the English language only and that no public filing requirements apply.
These terms shall be governed by English law.
You should be aware that nothing shall prevent D&H from bringing proceedings to protect its intellectual property rights before any competent court
13. Contacting D&H
Please submit any questions you have about these terms or any problems concerning any Application by email to firstname.lastname@example.org, by telephone on +44 20 7193 3066 or write to D&H at:
20-22 Wenlock Road
London, N1 7GU
14. Requirements from Apple
Each Application made available through Apple's App Store (an "iPhone Application") may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system. and only in accordance with Apple’s usage rules published in its App Store terms of service.
You acknowledge and agree that:
• Apple has no obligation at all to provide any support or maintenance services in relation to the iPhone Application, If you have any maintenance or support questions in relation to the iPhone Application, please contact D&H, not Apple, using the contacting D&H details in these terms:
• except as otherwise expressly set out in these terms, any claims relating to the possession or use of the iPhone Application are between you and D&H (and not between you, or anyone else, and Apple):
• in the event of any claim by a third party that your possession or use (in accordance with these terms) of the iPhone Application Infringes any intellectual property rights, Apple will not be responsible or liable to you In relation to that claim: and
• although these terms are entered into between you and D&H (and not Apple), Apple. as a third party beneficiary under these terms. will have the right to enforce these terms against you.
You represent and warrant that:
• you are not, and will not be. located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a terrorist supporting country, and
• you are not listed on any United States Government list of prohibited or restricted parties.
If the iPhone Application does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the iPhone Application (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the iPhone Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature In relation to the iPhone Application or as a result of you or anyone else using the iPhone Application or relying on any of its content.