TERMS OF USE

1 Introduction

1.1 This mobile application or order website (depending on the platform you use) (the “Service“) is made available to you by OrderYOYO Limited, company number 10103166, 56 Princess Street, Manchester, M1 6HS, United Kingdom, (“OrderYOYO“) and provides you with the possibility of purchasing items from a number of particular cafés, restaurants and other takeaways (the “Restaurant“).

1.2 These terms of use (the “Terms of Use“) apply to your use of the Service, including your registration with and order and payment of products on the Service.

1.3 Agent: When you purchase items on the Service, OrderYOYO acts as an agent on behalf of the Restaurant as OrderYOYO has the authority to conclude the purchase agreement with you on behalf of the Restaurant. As a result, an agreement is made between you and the Restaurant for the purchase of the Restaurant’s items in your Order, and OrderYOYO is not a party to that purchase agreement. Moreover, OrderYOYO has the authority of the Restaurant to receive payment for the Orders you make through the Service, and by paying OrderYOYO for such Orders you will be treated as making payment to the Restaurant and the Restaurant will not be able to make any further claim against you for payment.

1.4 Conclusion of agreement with the Restaurant: A completed order (each an “Order“) on the Service constitutes a binding offer to the Restaurant for the conclusion of an agreement to deliver the relevant items you ordered. A binding agreement has not been concluded between you and the Restaurant for delivery of the items until the Restaurant has accepted your Order and an order acknowledgement has been sent to you. However, you acknowledge that by clicking on the “FINISH THE ORDER” (or similarly named) button, you enter into an obligation to pay for the item(s) in your Order.

2 Use of the Service

2.1 To use the Service, you must ensure that you have a functioning device to use for accessing the Service and that you have an internet connection. When you purchase an item on the Service, you need to pay using a credit or debit card accepted by the Service on an external PCI-certified server.

2.2 When you use the Service, you warrant that you (i) are legally capable of entering into a binding agreement for the use of the Service and the purchase of items from the Restaurant; (ii) are at least 18 years old; (iii) will use the Service only for your personal, non-commercial use and not for any re-distribution of items; and (iv) will not infringe the intellectual property rights or other rights of third parties when using the Service. Please note that it is an offence for any person under the age of 18 to purchase, or attempt to purchase, alcohol or for any person over the age of 18 to purchase alcohol on behalf of any person under the age of 18.

2.3 You can use the Service only for its intended purposes. You may not separate any individual component of the Service or incorporate it into your own or others’ programs or software or exploit it in any other way for purposes other than those for which it was intended. You may not assist, encourage or authorise any third party to modify, reverse engineer, decompile or disassemble the Service or parts of the software thereof, whether in whole or in part, or create any derivative works from all or any part of the Service.

2.4 All prices and charges stated on the Service for all items etc. are inclusive of all current direct and indirect taxes, including VAT.

2.5 You must not manipulate transactions made on the Service in any way or use the Service in contravention of applicable legislation nor permit or assist others to do so.

3 Terms of payment and delivery

3.1 When you purchase items on the Service, you will be asked to enter your payment details to pay for items using your payment card. Your payment details will be saved and stored by the Service on a secure, external and PCI-certified server. The Service uses the 3 digits on the back of your payment card as a code to make payments through the Service secure. On the collection or delivery of items, you may be asked to show your device displaying your Order number to the Restaurant staff to allow the Restaurant to identify you and your Order. You are responsible for the safekeeping of your order number for such identification.

3.2 OrderYOYO will ensure that any information passing between the Service and the server is encrypted. OrderYOYO will not be liable for any claims arising from the misuse of your payment card where such misuse is a result of your failure to keep your payment card secure.

3.3 The Service procures delivery of the ordered items to you within reasonable industry times. The Restaurant may notify you of an estimated time for delivery or collection of your items. Please note that such estimates cannot be relied on or treated as guarantees.

3.4 The Service will comply with applicable legislation and regulations related to your use of the Service, including regulations concerning distance selling, data protection and food safety.

3.5 Handling fee. In addition to the price for the ordered items and, if relevant, delivery, OrderYOYO will charge a small handling fee for each Order placed on the Service (irrespective of whether the Restaurant accepts such Order). The handling fee applicable at any time will be clearly stated on the general overview of your order before you place your order and complete payment. When OrderYOYO charges the handling fee, we do not do so as agent for the Restaurant. The handling fee is a service fee payable by you directly to us for use of our Service and is not refundable under any circumstances.

4 Duration and changes

4.1 The Terms of Use apply for as long as you use the Service. However, all Terms of Use in respect of liability, indemnification, etc., under which claims may be raised at a later time, will remain effective after you have stopped using the Service.

4.2 Change or cancellation of your Order. Once you have submitted and paid for your Order, you will be entitled to change or cancel your Order on the Service until the Restaurant has accepted it.  The Order will have been accepted once you receive email confirmation of the same. You may also edit any typing errors etc. directly on the Service until the Restaurant has accepted your order.

4.3 The Restaurant may reject your Order, for example if the Restaurant no longer has the items in stock or if the Restaurant is too busy to be able to fulfil your Order within a reasonable time. If the Restaurant rejects your Order you will receive notification of this.

4.4 Refunds for cancelled or rejected Orders. When you complete an Order, your bank or card issuer will ring-fence the amount owed. If you cancel the Order or if the Restaurant rejects it, your bank or card issuer will release the amount back to your account (without transferring the amount to OrderYOYO). Please note that this process may take up to 7 days.

5 Intellectual property rights

5.1 All patents, trademarks, service marks, designs, utility models, unregistered trademarks, business or trade names (including internet domain names and email addresses), copyright (including copyright in broadcasts, computer software and databases), semi-conductor topography rights, database rights and design rights, inventions (including improvements on or additions to inventions), discoveries, know-how and any other intellectual and industrial property rights and rights of a similar or corresponding nature (“Intellectual Property Rights“) on www.OrderYOYO.com or on the Service, including the OrderYOYO brand, logo and get-up, community features, underlying software and technology, and any information, user data and other material generated by the operation of the website or the Service belong to OrderYOYO or its licensors. You acquire no claim for any right, title to or interest in the same and no goodwill will inure to you by your use of the Service.

5.2 Indemnification. You accept to indemnify OrderYOYO against all direct and indirect losses and costs etc. relating to any claim concerning the infringement of a third party’s Intellectual Property Rights as a result of your use of the Service.

6 Access to the Service and information on the Service

6.1 OrderYOYO runs the Service with the aim of providing you with uninterrupted access. However, you acknowledge that OrderYOYO is under no obligation to ensure that the Service is continuous and that OrderYOYO will not be liable where access to the Service is suspended without notice, for example for maintenance purposes or due to breakdown.

6.2 OrderYOYO will seek to a commercially reasonable extent to ensure that the information on OrderYOYO’s website and on the Service is correct, true and fair at all times.

6.3 OrderYOYO is not responsible for ensuring that the prices and item descriptions provided on the Service are correct. Please note that the Restaurant is responsible for the contents, including the information, provided on the Service, and for ensuring that the information about prices etc. is correct, true and fair at all times.

6.4 You will be responsible for acquiring, installing, maintaining and updating all connectivity equipment as may be necessary for you to access and use the Service and its features and for ensuring that your use of the Service complies with the Terms of Use.

7 Liability

7.1 Nothing in these terms shall limit or exclude any liability to you: (a) for death or personal injury caused by negligence; (b) for fraudulent misrepresentation; (c) for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; (d) under Part I of the Consumer Protection Act 1987; or (e) for any other liability that, by law, may not be limited or excluded.

7.2 Subject to clause 7.1, in no event shall we or the relevant Restaurant be liable to you for any losses, and any liability we do have for losses you suffer arising from an Order shall not exceed the charges payable by you for the relevant Order and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us on behalf of the Restaurant. We, and the relevant Restaurant, will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Order that is caused by events outside our reasonable control. Please remember that the legal contract for the supply and purchase of the items in your Order is between you and the relevant Restaurant. We have no control over the actions or omissions of any Restaurant.

8 Data protection

8.1 OrderYOYO is committed to protecting your privacy and security. Read more about how we process your personal data in OrderYOYO’s Privacy promise.

9 Other terms

9.1 OrderYOYO may amend these Terms of Use from time to time. In case of such amendments, the new terms will be shown on the Service the next time you use it and, if you are already a user of the Service, you may receive an email with the new terms. The amended Terms of Use will take effect from the date specified.

9.2 If any of the Terms of Use is held to be invalid or unenforceable for any other reason, such Term(s) of Use must be considered not to form part of the Terms of Use, but the validity and enforceability of the remainder of the Terms of Use will not be affected.

9.3 The failure to enforce one or more of the Terms of Use against you must not be considered to be a waiver of the right to do so.

9.4 Governing law and venue. The Terms of Use are governed by and will be interpreted in accordance with English law, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law. Any dispute must be brought before the courts of England, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

10 Notice of lack of conformity, cancellation right and complaints

10.1 Problems with your Order. You may exercise remedies against the Restaurant if there is a problem with your Order (for example, items in your Order are damaged or do not match the description provided by the Restaurant). If there are any problems with your Order, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe the Service or any items ordered are damaged or do not comply with the Order, you should inform us as soon as possible, preferably in writing, giving your name, address and Order reference. Nothing in this section affects your legal rights.

10.2 Cancellation right. Unless there is a problem with your Order, you do not have any right to cancel an Order once it has been accepted by us on behalf of the Restaurant.

10.3 Complaints. Until the end of 2020, you may file a complaint about the Service or the items delivered by the Restaurant through the EU Commission’s platform for online dispute resolution on www.ec.europa.eu/consumers/odr.

10.4 If you are not satisfied with the items delivered and/or if you wish to give notice of a problem or otherwise file a complaint about an Order, you must first contact the Restaurant. If you are not satisfied with the Restaurant’s response, you may notify OrderYOYO thereof no later than 24 hours after you have given notice of the problem or complaint. You may contact OrderYOYO using the contact details available on www.OrderYOYO.com.  Please note OrderYOYO has no obligation to assist with any such complaints and shall have no liability in respect of the same.  Your contract is with the Restaurant and therefore must be resolved with the Restaurant. OrderYOYO will assist in the resolution where it can.  If you would like to discuss any issue with the Service, please contact us directly.

10.5 These terms and any document expressly referred to in them represent the entire agreement between you and the relevant Restaurant  in relation to the subject matter of any Order. We are required by law to advise you that Orders may be concluded in the English language only and that no public filing requirements apply.

11 Acceptance of the Terms of Use

11.1 By completing an Order or the registration of your user profile with OrderYOYO, you acknowledge acceptance of the Terms of Use.

11.2 Your agreement on the use of the Service is available at all times on request to OrderYOYO as OrderYOYO stores it electronically. Your agreement on the purchase of items from the Restaurant (i.e. your Order confirmation) is stored electronically by the Restaurant and is available at all times on direct request to the Restaurant.