IMPORTANT LEGAL NOTICE
This page (together with our Cookies Policy) sets out the terms and conditions ("Terms") on which we Dept Of Digital Ltd here a company incorporated in England and Wales with registered number 12556517 whose registered address is Westminster House, 10 Westminster Road, Macclesfield, Cheshire, SK10 1BX (the “Dept Of Digital”, “Supplier”, “Dept Of Digital” or “Us”) , provide use of and access to our services.
Please read these Website Terms carefully before continuing to use this website
Dept Of Digital may update or revise this Agreement, including any Dept Of Digital Policies, from time to time. You agree that you will review this Agreement periodically and that your continued use of the the Dept Of Digital service demonstrates your acceptance of the updated terms.
1. Our Purpose
We offer services that support other businesses to offer their own online ordering service, via either branded Websites or Mobile Apps powered by our software, products and services (“Services”).
1.2 Our services provide a way for people to initiate an order ("Orders") for products ("Products") to restaurants, cafes, takeaways, or any other business that services food or drink ("Vendors") that use the Dept Of Digital Platform.
The purpose of this Website that you are accessing is to provide you with information about our Services and to allow you to submit your contact details to us if you wish to create an account as a Vendor ("Vendor Agreement").
2. Your Status
2.1 By accessing this Website you must be at least 12 years of age, and you must not be a competitor of ours. Otherwise you must leave this website immediately.
4. Warranty Disclaimers
4.1 To the maximum extent permitted by law, Dept Of Digital provides this Dept Of Digital Website and any services we provide are provided on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of this Dept Of Digital Platform, or that it will be timely or error-free, that defects will be corrected, or that the Dept Of Digital Platform or server that makes it available are free of viruses or other harmful components, or that the Platform or any part of the platform will meet your requirements or expectations in any way.
4.2 Dept Of Digital also disclaims any warranties of merchantability, fitness for a particular purpose and non - infringement. No advice or information, whether oral or written, obtained by you from Dept Of Digital, shall create any warranty. Dept Of Digital makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error - free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components
Nothing in these terms excludes our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Terms affects your statutory rights.
5.2 We nor Dept Of Digital directors, officers, agents, employees or contractors, will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Services, this Website or any element of any Service we offer for; any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; any indirect or consequential loss.
5.3 We nor Dept Of Digital directors, officers, agents, employees or contractors, will not be held responsible for the food, drink or product delivered by Vendor restaurants. We are an intermediary that helps users to communicate their orders. We hold no responsibility for errors made leading to personal harm, injury, allergic reactions, or death. As much as we try to ensure that our partner restaurants maintain the highest standards possible, the nature of our business means that we cannot be held responsible for the quality of the product. This is the sole responsibility of the individual restaurants. Nothing in these terms shall exclude or limits liability for death or personal injury resulting from our negligence or that of our agents or employees.
5.4 Our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £1
7.1 Prices for our Services may be quoted on this Website or via email or over the phone. When we quote a price for our Services the price shall exclude VAT
7.2. Incorrect pricing: It is possible that prices quoted may be incorrect. In such an event we are not under any obligation to ensure that the Service is provided to you at the incorrect price or to compensate you in respect of incorrect pricing.
7.3 Payment for our Services must be made by an accepted credit or debit card.
7.4 We will not provide you with any refunds for any orders placed with us
7.5 Dept Of Digital will in no circumstances be liable to you for any element of a refund that is requested, or due to you by one of our Vendors or Partner Restaurants.
8. Intellectual Property
8.1 You may not republish, display, modify, broadcast, print, copy, reproduce, download, transmit or re-use the materials from this Dept Of Digital Platform for anything other than personal, non-commercial use, including in particular any purpose which publicly re-sells or re-uses the materials, without the prior written consent of the copyright holder.
8.2 All copyright, trademarks and other intellectual property rights in this Dept Of Digital Platform and its content (including without limitation the Dept Of Digital Platform design, text, graphics, logos, icons, images and all software, databases and source code connected with the Dept Of Digital Platform) are owned by or licensed to Dept Of Digital or otherwise used by Dept Of Digital as permitted by law.
10. Limitations Of Use
10.1 This Dept Of Digital Platform is intended to be accessed by persons located in the UK and we make no representation that any information, materials or functions included in this Dept Of Digital Platform are appropriate for use in any other jurisdiction.
10.2 By using this Dept Of Digital Platform, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your profile on the Dept Of Digital Platform.
10.3 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
10.4 To use our service you must be over 18 years of age.
10.5 You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.
10.6 You may not use the Dept Of Digital Platform for any unlawful or unauthorised purpose, including without limitation: 1.transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice. 2.Interfering with any other persons use or enjoyment of the Dept Of Digital Platform. 3.Damaging, disabling or impairing the operation of this Dept Of Digital Platform or attempting to gain unauthorised access to this Dept Of Digital Platform or to networks connected to it, through hacking, spoofing or other such similar means. 4.distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material
10.7 You may not access the services, use the app or website if you are our direct competitor, or an agent of our direct competitor, except with our express prior written consent. In addition, you may not access our services or use the app or website for the purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. We reserve the right to contact you at any time via, and not limited to, SMS, push notifications, phone call, email and post for non-marketing purposes. This condition does not affect your statutory ghts. We reserve the right to contact you at any time via, and not limited to, SMS, push notifications, phone call, email and post for marketing purposes provided you have consented to such contact. Consent to this may be withdrawn at any time by unchecking the Relevant Checkboxes in your profile within the services. If you are unable to withdraw consent via this means you may contact us at email@example.com.
16. Additional Costs
16.1 You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of this Dept Of Digital Platform.
17.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website, Platform and the Service immediately if we believe in our sole discretion
17.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website or Platform.
17.3 If we terminate your right to link to the Dept Of Digital Platform you must cease linking to the Dept Of Digital Platform immediately.
18. Events Outside Our Control
18.1. We nor Dept Of Digital will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").
18.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 18.2.1. strikes, lock-outs or other industrial action; 18.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 18.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; 18.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; 18.2.5. impossibility of the use of public or private telecommunications networks; and 18.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
18.3 Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
19 Additional Terms
19.3 Our End User Terms apply if you are Customer of one of our Vendors and intend to use a service we provide to place an order with a Vendor
19.4 Our Terms Of Service apply if you are a Vendor or Vendor User
19.5 Our Merchant Service Agreement will apply if you are a Vendor or Merchant or plan to utilise any of our promotional offers aimed Vendor's or Merchants.
19.7. Severability: If any of these Platform Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19.8. Entire agreement: These Platform Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
19.9. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Platform Terms will not be interpreted as a waiver of your or our rights or remedies.
19.10. Assignment: You may not transfer any of your rights or obligations under these Platform Terms without our prior written consent. We may transfer any of our rights or obligations under these Platform Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
19.11. Headings: The headings in these Platform Terms are included for convenience only and shall not affect their interpretation.
20. Governing Law and Jurisdiction
20.1 These Website Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these Platform Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.