1.1 This mobile application or order website (depending on the platform you use) (the “Service”) is made available to you by Contactless Insight trading under A & R KARWAL CONSULTING Limited, company number 09593056, 35a High Street, Ruislip, Middlesex, England, HA4 7AU, United Kingdom, (“Contactless Insight”) and provides you with the possibility of purchasing items from a number of particular cafés, restaurants and other takeaways (the “Restaurant”).
1.3 Agent: When you purchase items on the Service, Contactless Insight acts as an agent on behalf of the Restaurant as Contactless Insight 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 Contactless Insight is not a party to that purchase agreement.
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 “Complete You Order Now” (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 Contactless Insight will ensure that any information passing between the Service and the server is encrypted. Contactless Insight 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.
4 DURATION AND CHANGES
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.
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 Contactless Insight). 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.Contactless Insight.com or on the Service, including the Contactless Insight 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 Contactless Insight 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 Contactless Insight 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 Contactless Insight runs the Service with the aim of providing you with uninterrupted access. However, you acknowledge that Contactless Insight is under no obligation to ensure that the Service is continuous and that Contactless Insight will not be liable where access to the Service is suspended without notice, for example for maintenance purposes or due to breakdown.
6.2 Contactless Insight will seek to a commercially reasonable extent to ensure that the information on