About the Company
The “FETCH Application” is developed and operated by POS8 Limited, a company registered in England with company number 11071470, whose registered office is at Printing House, 66 Lower Road, Harrow, HA2 0DH, United Kingdom (“Company”, “POS8”, “We”), a corporation registered and existing under the laws of England and Wales.
1. Our Role
We provide a way for you to communicate your orders for food and drink items for consumption at, collection from, or delivery by, our partner restaurants, bars, pubs, clubs, festivals, student unions, cafés, entertainment venues and sport stadiums (“Merchants”) displayed on the Application. The legal contract for the supply and purchase of food and drink products is between you and the Merchant that you place your order with and we will conclude the sale of products and services on behalf of, and as agent for, the Merchants in all cases.
2. Your Account and Use of Application
- To place orders through the FETCH Application, you are required to open a FETCH account
- You will need to provide your mobile number, email address and create a secure password, and may also need to provide credit card details with our chosen “Payments Partner”.
- You must keep your password secure and prevent others from accessing your email account or mobile phone. If another person accesses your account, you will be responsible to pay for any items they order and We are not responsible to pay for any items ordered, nor any losses you suffer as a consequence, unless the person accesses your password because the Company did not keep it secure.
- The Application is licensed and not sold to you for use only in accordance with these Terms. We reserve all rights not expressly granted to you.
- This license granted to you for the Application by us is limited to a non-transferable license to use the Application on any smartphone that you own or control and as permitted by the acceptable use policy. This license does not allow you to use the Application on any smartphone that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time.
- These Terms will apply to any upgrades provided by us that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will apply.
- In using the application you will not:
- rent, lease, lend, sell, redistribute or sublicense the Application; or
- attempt to copy, duplicate, modify, create derivative works from or distribute all or any part of the Application except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties; or
- attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Application, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties; or
- access all or any part of the Application in order to build a product or service which competes with the Application; or
- attempt to obtain, or assist third parties in obtaining, access to the Application, other than as provided elsewhere in these Terms. Any attempt to do any of the above is a violation of this licence. If you breach any of the terms of this licence, you may be subject to prosecution and damages.
- You will use reasonable endeavours to prevent any unauthorised access to, or use of, the Application and notify us promptly of any such authorised access or use.
- Where the Application has been downloaded onto an Apple, Inc. device, the terms of Apple, Inc’s “Licensed Application End User Licence Agreement” is in force at the date of downloading the Application (the “Apple EULA”) are expressly incorporated into these Terms except where inconsistent with these Terms. In the event of any inconsistency between these Terms and the Apple EULA, the provisions of these Terms shall prevail. In particular clause 15 of these Terms will prevail over sub-clause (i) of the Apple EULA, which is specifically excluded.
- You may close your account at any time by requesting us to do so for you. We may suspend or close your account permanently if we believe that you are abusing our service eg. applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, or any other reason. If we close your account we will refund any remaining credit validly obtained from the Application following any issue with an order, by applying a credit to your registered credit card
3. Your Privacy
In using the application you will not:
- GDPR: For the purpose of the General Data Protection Regulation (“GDPR”) the Data Controller is firstname.lastname@example.org. This Agreement is bound to the company GDPR and privacy policies located at www.fetchmyorder.com/privacy. The Company retains the right to periodically update these policies and it is the responsibility of the Customer to periodically review these policies. Continued use of the POS8 Services following the posting of privacy changes will mean that you accept and agree to the changes.
- By using the Application you agree to allow your contact details and/or the details of your purchase to be provided to the Merchant for payment / service disputes by the Merchant or yourself.
- By using the Application you agree to allow your contact details and/or the details of your purchase to be provided at the direct request of law or legal authorities with appropriate jurisdiction.
- We may at times in the Application if you wish to share your experience of using the Application via social media.
- We may provide external review linking or related capabilities to receive or provide experience reviews which may or may not include personal information. The privacy rules around these capabilities are governed by the relevant review sites terms and conditions.
- We may at times provide non-personal and/or aggregated data and statistics on patron demographics, application usage or other data for market basket or other analytical purposes to the Merchant.
Summary of Terms
4. Your Account and Use of Your Data
In order for you to register with FETCH Application, you are required to open a FETCH account. You will need to provide your mobile number, email address and create a secure password, confirmation that you are 18 years or over, and may also need to provide credit card details for payments which are processed and stored by a third party payment provider.
5. Your Rights and Obligations
You may install and use a copy of the Application on your iPhone or Android mobile device. You may not further copy, modify or reverse engineer the Application or use it in any unlawful or unauthorised manner. You must not attempt to gain unauthorised access to our own or our service providers’ equipment, systems or networks nor take any action which may inhibit their operation. You must provide honest and accurate and complete registration information when signing up to the Application, and you must have authority to use the payment card details which you provide. We do not charge for use of the Application, but you are responsible for making all arrangements and payment necessary for you to access our services using the Application.
6. Contacting Us
You may contact us at: email@example.com.
We will only process the data we collect about you if there is a reason for doing so, and if that reason is permitted under data protection law.
Where we need to in order to provide you with the service you have requested or to enter into a contract, we use your information:
7. Intellectual Property
We are the owner of or the licensee of all intellectual property rights in our Application, 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.
8. Reliance On Information Posted
Commentary and other materials posted on our Application 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 service, or by anyone who may be informed of any of its contents.
9. Placing Orders
- When you place an order through our Application, it needs to be accepted by us or the Merchant before it is confirmed. We will send you a notification if your order has been accepted. The contract for the supply of any Item you have ordered comes into existence when we send the confirmation notification. 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 Merchants may operate a minimum order value policy and this will be displayed on the Application. All items are subject to availability.
- It is important to check your order before placing it. Once you submit your order by selecting “Place Order” or similar button, you will be entering into a contract with the Merchant and errors cannot be corrected.
- Once you have submitted your order and payment has been authorised, you will not be entitled to change or cancel your order, nor will you be entitled to a refund unless the Merchant has rejected your order and subject to the terms in this section and the Credit Card Processing terms herein.
- Where any payment is not authorised, your order will not be processed or communicated to the Merchant.
- On receipt of your order, we will send it to the Merchant and will notify you that your order has been received and is being processed. Please note that any confirmation page that you may see on the Application and / or any order confirmation that you receive, each confirms that you have a contract for the sale of items with a Merchant but does not necessarily mean that your order will be fulfilled by the Merchant. We encourage all our Merchants to accept all orders and to communicate any rejection promptly, and we will notify you as soon as reasonably practicable if a Merchant rejects your order. However, Merchants may reject orders at any time because they are too busy or for any other reason. In doing so, Merchants will be in breach of their agreement with you and any payment made in respect of the order will be returned to you.
- Estimated times for service, collections or delivery are provided by the Merchants and are estimates only. Neither we nor the Merchants guarantee that orders will be served or will be delivered or available for collection within the estimated times.
Merchants may use nuts or other allergens in the preparation of certain Items.If you have any specific food allergy or intolerance, please contact the Merchant directly prior to ordering if you have an allergy and do NOT only use the “Comments” box. FETCH can NOT guarantee that any of the items sold by our Merchant partners are free of allergens.
11. Your Status
- Capacity and age: By placing an order through the Application, you warrant that you are at least 18 years of age and are legally capable of entering into binding contracts with the Merchant.
- Alcohol, cigarettes and other smoking products:
- You acknowledge and agree that: it is an offence for any person under the appropriate legal age in the jurisdiction of the Merchant to buy, or attempt to buy, alcohol, or for any person to buy, or attempt to buy, alcohol, tobacco or other smoking products on behalf of any person who is under the legal age in the jurisdiction of the Merchant;
- If your order includes any alcohol, cigarettes or other smoking products, you may be asked to provide proof of your age on collection or service of your order.
12. Refusal of Service
You acknowledge and agree that an order you have placed for an item through the Application may not be served and you will be not entitled to a refund if:
- You fail to adhere to a reasonable request from a Merchant which is aimed at promoting or adhering to their licensing objectives, including promoting any legal, internal or venue-specific policies/procedures.
- You are refused alcohol by a Merchant because you are intoxicated or they believe you are purchasing it on behalf of someone who is intoxicated.
- You are unable to provide proof that you meet the legal age requirement to the satisfaction of the Merchant, or if the Merchant reasonably believes that the alcohol, cigarettes or other products you have ordered have been bought by you on behalf of someone under the legal age.
- You agree that you will only use this Application to drink responsibly and that you are solely responsible for monitoring your drinking.
- If you feel that you have a problem with alcohol and want to seek help, please talk to your doctor or visit the Drink Aware Trust’s website or similar help sites in the country of your residence.
13. Local Laws
- You acknowledge that there may be laws and/or local rules whereby purchase of alcohol, smoking or similarly controlled products, may not be permitted to people under a different age than your residence. You have understood and accepted that you are above the required local age.
- There may be places where local or religious reasons prevent the purchase of certain products by certain customers and/or at certain times. You agree to be bound by the local laws and not purchase these products for yourself or for other persons as appropriate
- We may make changes to the Application or these Terms at any time at our absolute discretion. Your continued access or use of the Application or Website after a change to these Terms signifies your acceptance of the updated or modified Terms.
- We may email registered users about any material changes to the Terms and we may notify you of a change to these Terms when you next start the Application or visit the Website.
- The new terms may be displayed on-screen via the Application and you may be required to agree to them to continue your use of the Application. The date these Terms were last updated appears at the top of these Terms (“Updated”).
- If reasonably requested by us from time to time (by means of a notice on our website or within the relevant application store or otherwise), you agree to install and use an updated or upgraded version of the Application in place of your current version, or to uninstall the Application if we cease to offer it and the Services to the public. All upgrades will fall within the definition of Application under these Terms.
- Depending on the update or upgrade, you may not be able to use the Application until you have downloaded and installed the latest version of the Application and accepted any new Terms. Some updates may not be available to certain models of device. In order to use the Application, you may be required to obtain certain updates and/or upgrades to your device. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that:
- the device you use to access the Application will require certain software in order for the Application to work correctly and it is your responsibility to ensure that you have the required up-to-date software; and
- the Application and has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the functionality of the Application meets your requirements.
15. Price and Payment
Prices will reflect the local jurisdiction tax rules and laws. We endeavour to include VAT where jurisdiction allows because we really do prefer that! HOWEVER, some places do not allow this and for these locations, we will include a banner in the application either on the Merchant, by menu item or on the sales summary prior to submitting the order so you are aware..
- Incorrect pricing
The application shows a large number of menus and items. It is possible that some of the menus may include incorrect prices. If the correct price of an order is higher than the price stated on the application, neither we nor the relevant Merchant is under any obligation to ensure that the order is provided to you at the incorrect lower price to compensate you in respect of incorrect pricing.
- Payment methods
Payment for orders must be made by an accepted credit or debit card through the application when you place an order
- Please note that from time to time there may be delays with processing of card payments and transactions. This may result in payments taking up to sixty days to be deducted from your bank account or charged to your credit card or debit card.
- Sharing your details with the Merchant
We reserve the right to share your contact information with the Merchant in case of any dispute and/or unpaid orders made by you. Please review the Privacy clause in these Terms.
- Payment Card Partner
POS8 has contracted Adyen N.V. (“Adyen”) as our “Payments Partner” to utilize their marketplace ecommerce payment gateway for credit/payment card transactions. More information about our Payments Partner can be found here www.adyen.com and their terms and conditions can be found here:
- Payments Card Processing
In order to pay for services ordered at a Merchant using the Application, you will need to supply your credit/payments card details to our Payments Partner. The payment process will be handled by the Payments Partner.
- You must have appropriate authority to use all card details which you provide to use our services.
- The Application will transfer you directly to our Payments Partner platform where you must supply your card details and will consent to use of these details by our Payments Partner for the purpose of paying your bill and processing your payment.
- We will send you a push notification via the Application or provide a payment confirmation page via the Application to indicate your payment has been successful and your receipt will be sent by email.
- Your card details will be securely stored by our Payments Partner for ease of use in future transactions using the Application. However, your CSC/CVV number is not stored and must be entered each time you use a card for authentication.
- The Company employs a modern and secure card payment tokenization process. Payment card tokenization allows the replacement of the credit card number defined for a card payment with a token provided by the Payments Partner authorization service. The Company may or may not store this token for use within the Application for future transitions.
- You may remove payment details from the Application at any time.
- Payment and order transactions are between you and the relevant Merchant. Whilst the services seek to facilitate the payment procedure, the Company does not receive your payment or your card details and is not responsible for subsequent use of your card or payment details by or on behalf of the venue.
- THE COMPANY AND THE APPLICATION DO NOT HAVE ACCESS TO YOUR CARD DETAILS NOR DOES IT STORE YOUR CARD DETAILS ON ANY OF ITS SYSTEMS.
- Refunds and other credit card-related questions should be directed to the Merchant where the service or good was purchased. We strongly suggest that these enquires are performed within 24 hours of discovery. The Merchant has access to the Payment Partner and can perform a variety of tasks should they be necessary.
- Application Information
The material on the Application may be out of date, and we make no commitment to update that material. It is the responsibility of the Merchant to maintain the content.
- Allergy, Dietary and Other Menu Information
- When a Merchant signs up to allow the use of the Application, they have to provide the up-to-date menu information on their menu.
- If you have, or someone you are ordering for has, a concern about food allergies, intolerances, or other dietary preferences, you should always ask the Merchant directly before placing your order. Please do not use the “comments” box for your food allergies or intolerances, please contact the Merchant directly.
- Merchant Actions and Omissions
The legal contract for the supply and purchase of products is between you and the Merchant in which you are placing your order. We have no control over the actions or omissions of any Merchants. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Application:
- We do not give any undertaking that the products ordered from any Merchant through the Application will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
- Estimated times for service and collections are provided by the Merchants and are only estimates. Neither we nor the Merchants guarantee that orders will be served or will be available for collection within the estimated times.
- We encourage all our Merchants to accept all orders and to communicate any rejection promptly, and we will notify you as soon as reasonably practicable if a Merchant rejects your order. However, we do not guarantee that Merchants will accept and fulfil all orders, and Merchants have the discretion to reject orders at any time for any reason including but not limited to:they are too busy, if you fail to provide proof of age for purchases of alcohol, cigarettes or other controlled products when required, or for any other reason.
- The foregoing disclaimers do not affect your statutory rights against any Merchant.
- Exclusion of Terms
We provide you with access to and use of the Application on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Application and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Application and your use of it, or be otherwise implied or incorporated into these Terms by statute, common law or otherwise.
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, 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.
- Exclusion of Liability
Subject to preceding clause(s), we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Application (including the use, inability to use or the results of use of the Application) 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; or
- any indirect or consequential loss
- Limitation of Liability
- Subject to preceding clauses, our total liability to you in respect of all other losses arising under or in connection with the Application or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your order or £100, whichever is lower.
- We may withdraw our services at any time. Whilst we use reasonable efforts to provide effective services, we do not guarantee availability nor the accuracy or appropriateness of information, including your bill.
- Additional Cost
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 the Application, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
- Force Majeure
- We will not be liable for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“force majeure”), in particular including: strikes, lock-outs, industrial or political action, civil commotion, riot, terror attack or threat of terror attack, threat or preparation for war, fire, storm, explosion, flood, earthquake, pandemic, epidemic, subsidence, natural disaster, impossibility of use of any transportation both public or private, impossibility of use of public or private telecommunications networks. Also acts, decrees, legislation, regulation, or government restriction
- Our performance under these 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 endeavour to bring any force majeure event to a close or to find a solution by which our obligations under these terms may be performed despite the force majeure event.
18. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with English and Welsh law. Disputes or claims arising in connection with these Terms (including non- contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- If you live in Scotland you can bring legal proceedings in respect of the Items in either the Scottish or the English courts.
- If you live in Northern Ireland you can bring legal proceedings in respect of the Items in either the Northern Irish or the English courts.
- If you live in the EU, we are required by EU law to provide the following link to the EU’s online dispute resolution portal, however we do not participate in dispute resolution under this process unless required to do so under the jurisdiction of the Merchant in which you obtained your products.
- 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 waive 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 attempt to notify you. Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation.