1. Our Purpose & Your Rights of Use
The purpose of the Flipdish Platform is to provide a simple, convenient and cost-effective service that, links customers like you to certain restaurants, takeaways and other stores (the “Stores”) and that enables the customer to place orders for the delivery or collection of food and/or other items (the “Products”) with Stores. Flipdish does not, however, produce or supply the Products and your contract for the Products will be between you and Store. Flipdish will not be a party to your contract with the Store for the Products. Your contract with the Store will come into effect and will be legal binding on you once you are sent an SMS confirming that the Store has received and accepted your order.
2. Intellectual Property
You agree that you will not, in any manner or by any means, reverse-engineer, decompile, disassemble, decipher, resell, adapt, reproduce, copy, store, distribute, display, publish or create derivative works from any part of the Flipdish Platform or attempt to commercialise, copy or sell any information or matters derived from the Flipdish Platform.
3.Disclaimer and Liability
You hereby acknowledge and agree that the Flipdish Platform is made available for use ‘as is’ and ‘as available’ and we make no representations and give no warranties of any kind whatsoever in relation to the Flipdish Platform and that, without prejudice to the generality of the foregoing, we make no warranty or representation regarding, and shall have no responsibility for, the accuracy, availability, reliability, security, fitness for purpose or performance or continuity of the Flipdish Platform or the contents thereof. It is your sole responsibility to ensure that the Flipdish Platform is suitable for your purposes.
You acknowledge and agree that to the extent permitted by applicable law, we may at any time modify or withdraw, on a temporary or permanent basis, and wholly or in part, the Flipdish Platform for any reason without notice, and shall have no liability to you or any other party arising out of or in connection with such modification or withdrawal. We make no representation or warranty that the Flipdish Platform will be uninterrupted or error free or that the Flipdish Platform will be free of viruses. We do not warrant or represent that the Flipdish Platform will meet your requirements or specifications, or that any errors or bugs in the Flipdish Platform will be corrected.
All representations, warranties, guarantees, terms and conditions whether express or implied by statute or otherwise in relation to the Flipdish or the information contained herein (including any implied warranty of accuracy of data, non-infringement, merchantability or fitness for a particular purpose) are hereby excluded to the fullest extent permitted by applicable law.
Due to the fact that we cannot guarantee that the Flipdish Platform will be fault free or that the information contained on the Flipdish Platform will be correct or suitable for your purposes, we shall not be liable to you or any third party for any loss, cost, damage or other liability whatsoever (and whether direct, indirect, special, consequential or punitive) arising out of or in connection with the Flipdish Platform or the contents or functionality thereof, whether under theories of contract, tort (including negligence), statute, strict liability or otherwise.
You acknowledge that Flipdish acts only as an intermediary between you and Stores and that Flipdish will not be liable to you or any third party for any loss, cost, damage or other liability whatsoever (and whether direct, indirect, special, consequential or punitive) arising out of or in connection with the Products (including without limitation the delivery and make-up of Products and your consumption of the Products). Please refer to the contract between you and the Store for information on any rights and obligations that you may have in relation to the Products.
5. Use of data
If you enter your payment card on the Flipdish Platform, these details will be stored securely by our payment service provider(s). Neither the Store nor Flipdish have access to your payment card details, with the exception of the last 4 digits of your payment card number, BIN (Bank Identification Number), and the card expiry date which are used to identify cards and orders.
Where you provide your mobile phone number, your name and your address through the Flipdish Platform and place an order with a Store, we will share this information with the Store so that they can complete your order.
6. Third Party Sites
The Flipdish Platform may contain links to other websites. Such websites are not under the control of Flipdish and we are not responsible or liable for the practices, content or availability of such websites. The inclusion on the Flipdish Platform of links to other websites does not imply any endorsement or sponsorship of the content or practices on such websites nor does it imply any affiliation or association between Flipdish and any operators of such websites. We provide links to such websites for your convenience only.
If you decide to access a website through a link on the Flipdish Platform, you do so at your own risk, and we will not be responsible or liable to you or any third party for any loss, cost, damage or other liability arising out of or in connection with accessing, using or relying on the website or any content, goods, practices or services available on such website.
You may link to the Flipdish Platform from any other business or service website provided that you do so in a way that is fair and legal and that does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless expressly agreed to by us in writing. You must not establish a link to the Flipdish Platform in any website that is not owned by you. The Flipdish Platform must not be framed on any other website by you.
We reserve the right to withdraw linking permission without notice and if we do, you agree to cease linking to the Flipdish Platform immediately.
7. Obligations and Limitations on Use
You agree that any information provided by you on the Flipdish Platform (including your name and contact details) is true, accurate, current and complete in all respects at the time it is provided and that you will update this information when subsequently using the Flipdish Platform to the extent that it changes.
By using the Flipdish Platform you also agree that:
7.2 you will not impersonate any other person or entity or use a false name or a name that you are not authorised to use on the Flipdish Platform;
7.3 you are 18 years of age or older;
7.4 you will pay in full for all Products ordered by you through the Flipdish Platform;
7.5 you will not use the Flipdish Platform to place any speculative or false orders;
7.6 you will not use the Flipdish Platform to research Stores or the pricing of Stores;
7.7 you will not use any automated systems, robots or software to extract data from the Flipdish Platform.
You acknowledge and agree that you may not use the Flipdish Platform for any unlawful purpose, or any purpose that is not authorised by Flipdish, including without limitation:
7.8 transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice;
7.9 interfering with any other persons use or enjoyment of the Flipdish Platform;
7.10 damaging, disabling or impairing the operation, functionality or availability of the Flipdish Platform (including by knowingly or recklessly introducing to the Flipdish Platform viruses, trojans, worms, logic bombs or other material which is malicious or harmful) or attempting to gain unauthorised access to the Flipdish Platform or to networks connected to it, through hacking, spoofing or any other means;
7.11 distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material on or through the Flipdish Platform.
You may not access or use the Flipdish Platform 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 the Flipdish Platform for any commercial purposes (including for the purposes of copying or reproducing any material on the Flipdish Platform, monitoring the availability, performance or functionality of the Flipdish Platform, or for any other benchmarking or competitive purposes).
It is your responsibility to ensure that each order for Products that you place through the Flipdish Platform is correct prior to you submitting such order. All questions that you may have regarding Products displayed on the Flipdish Platform must be directed to the relevant Store. You acknowledge that Flipdish will not – and is not able to – address any such questions.
Please note that any order that you place through the Flipdish Platform is not accepted until you are sent an SMS confirming that the Store has received and accepted your order. The preparation and delivery of any order that you place through the Flipdish Platform is the sole responsibility of the Store accepting your order. Please refer to the contract between you and the Store for information on any rights and obligations that you may have in relation to any order you may place with the Store.
It is your responsibility to keep your mobile phone secure. You agree that you are responsible and liable for all orders and charges placed on the Flipdish Platform via your mobile phone.
Please note that where you have not made payment in full at the time of placing your order on the Flipdish Platform, you are solely responsible for making all outstanding payments due to the Store as and when they fall due.
You consent to us providing you with notices and other communications electronically either through the Flipdish Platform or by other electronic means 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.
You acknowledge and agree that Flipdish may cancel an order placed by you on the Flipdish Platform, either before or after acceptance of such order, where Flipdish believes that inaccurate information was provided as part of this order or where circumstances beyond the reasonable control of Flipdish and/or the relevant Store occur which prevent or hinder completion of such order. Once you have placed an order it cannot be cancelled unless you agree the cancellation directly with the Store. You will be charged in full regardless if you do or do not collect your order.
12. General Terms
No failure or delay by us to exercise any right or remedy provided hereunder or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
13. Governing Law
All comments, questions and requests relating to your information are welcomed and should be addressed to [email protected]. Please also direct any legal notices to this address.
“Flipdish Platform” means the technology solutions developed by Flipdish and made available to you, including our technology solution which enables you to order Products from Stores.
“Intellectual Property Rights” means patents, trade marks or names and service marks (whether or not registered) trade or business names or signs, logos, domain names, design rights, copyrights (both present and future and including rights in computer software), moral rights, registered designs, topography rights and know how (including technical and industrial information in any form including drawings, formulae, test results, reports and procedures), trade secrets, confidential information, database rights, and the right to apply for any applications for any of the preceding items, together with the rights in inventions, processes and all other rights similar to, or having similar or equivalent effect to, any of the above which may subsist now or in the future in any part of the world (whether or not capable of registration) and where such rights are enhanced by registration, any registration of such rights and applications and rights to apply for such registrations.