Terms and Conditions
Definitions
“We”, “Our” and “Us” refers to Deliver2U Ltd
“You”, “Your” and “Client” refers to the person, body or business.
“T&Cs” refers to the Terms and Conditions.
“Service(s)” refers to the provision of all software, carriage, courier or delivery services.
“Site(s)” refers to D2Uplus web ordering software and App.
Please read these T&Cs carefully before using the D2Uplus services. By accessing or using the Services, you agree to be bound by the T&Cs of this agreement. If you do not agree to the T&Cs of this agreement, you shall not access, install and/or use the D2Uplus services and, if presented with the option to “agree” or “disagree” you click “disagree”.
Who is D2Uplus (D2U+)?
Deliver2U Limited t/a D2Uplus is a company registered in England and Wales with the Company Number 1282258 and registered with the ICO under number ZA883209
1. General
1.1 - These terms and conditions govern all your use of our software and the services marketed by D2Uplus, your relationship with Deliver2U Ltd T/A D2Uplus, the rights, obligations and responsibilities of all parties to the Agreement. Your attention is drawn to Clause 8 which sets our liability to you for loss of or damage of goods
1.2 - D2Uplus reserves the right, in its sole discretion, to amend or replace any of the T&Cs at any time. Your continued use of any of our Services following the release of any changes to this Agreement constitutes your acceptance of the change. You agree to periodically inspect the Site to remain informed about such changes.
1.3 - You warrant and guarantee you are at least eighteen (18) years old and have read, understood and agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company, you guarantee that you have the authority to bind that company in the terms of this Agreement
2. Permissions of Use and Restrictions
2.1 - We grant you a non-exclusive, non-transferable licence to install and use a copy of the App on your iPhone or Android mobile device for the purpose of accessing and using the Services, in accordance with the other terms of this Agreement.
2.2 - You may use the D2Uplus name and/or logo solely in accordance with D2Uplus Trademark Guidelines provided, however D2Uplus can revoke this privilege at any time.
2.3 - You may not:
- i. - sub-license, assign or transfer your rights or obligations under this Agreement nor permit use of the App by any other person; nor
- ii. - You acknowledge that the App, the Web Ordering Tool and the content of the Services are protected by copyright, database rights, trademarks and other intellectual property rights of us, the Venue and our other licensors, as applicable, and all rights not expressly granted to you are reserved to us and our licensors
- iii. - You may not use the App, the Web Ordering Tool or the Services in any way incompatible with their intended purpose nor in any unlawful or unauthorised manner and, in particular, you may not:
- iv. - make any copy of the App (other than the permitted copy on your mobile device and a single back-up copy to the extent necessary to exercise your rights under this Agreement) or the Web Ordering Tool; nor 3
- v. - modify, adapt, reverse engineer, decompile or disassemble, create derivative works of, publish, distribute or commercially exploit the App, the Web Ordering Tool or any content or software element of the Services; nor
- vi. - remove any copyright or proprietary notices on the App, the Web Ordering Tool or the content of the Services; nor
- vii. - use, distribute or disclose confidential, personal or sensitive information within the content of the App, the Web Ordering Tool or the Services without appropriate authority; nor
- viii. - export the App or the Web Ordering Tool in breach of applicable export control or other laws relating to the export of technology and software; nor
3. Menu
3.1 - Menus are the sole responsibility of our Partner Restaurants including maintaining menu listings, ingredients, contents, allergens and/or pricing
4. Fees
4.1 - If you chose to purchase any Service, you agree to pay the applicable prices. You agree to our Billing Policy, incorporated herein constituting an integral part of this Agreement and located at www.d2uplus.co.uk.
4.2 - All fees are subject to VAT.
4.3 - Prices of our Services are subject to change at any time without notice. You will be informed by email.
4.4 - Failure to comply with the Billing Policy is a material breach of this Agreement.
5. Data & End Customer Personal Data
5.1 - We comply with Information Governance Regulations.
5.2 - We use your data and your customers data:
- i. - to facilitate the processing of and managing of payments of an order
- ii. - to facilitate the delivery of an order
- iii. - ICO Registration Number: ZA883209
- iv. - we may use such data for analysis and statistical
6. Disclosure of Personal Data
6.1 - We may disclose your personal data to the following:
- i. - Our service providers and professional advisers.
- ii. - Governmental bodies and law enforcement authorities.
7. Third party Services & Websites
7.1 - For convenience, the Services may include an interface to social media networks (e.g. Facebook, Instagram, LinkedIn etc) in order to register more quickly.
7.2 - We are not associated with any social media network and are not responsible for the content or operation of their apps, websites or services.
7.3 - You do not need to use social media networks to register with our Services.
8. Limitation of Liability
8.1 - No employee of ours shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this agreement.
8.2 - We shall not be liable for any defects or errors in the App or web tool or the services, nor interruptions in or unavailability of the Services, nor any breach of any obligations due to a cause beyond our reasonable control.
8.3 - We shall not be liable for:
- i. - any loss, damage or distress arising from reliance on information or reliance on availability of services; or
- ii. - any indirect consequential or economic loss, damage or distress (including any such loss, damage or distress arising from unauthorised use of or damage to your data or content),
- iii. - the quality of food; nor
- iv. - incorrect menu listings, allergen listings and/or prices
9. Termination of Service
9.1 - This Agreement will come into effect upon using the D2Uplus Services and will be valid for an open ended period.
9.2 - You may terminate this Agreement at any time. To cancel your subscription, you can use the Cancel button on the app.
9.3 - D2Uplus in its sole discretion has the right to suspend or terminate this Agreement and your account and refuse and all current or future use of Services for any reason at any time.
9.4 - Following termination or suspension of access to our Services for any reason, we may retain your details and other data relating to your record keeping, auditing, analysis and statistical purposes.
9.5 - If you have been issued any D2Uplus Ltd hardware this need to be return upon termination of this Agreement.
10. Payment method and Refunds
10.1 - Payment processing services are provided by a third party.
10.2 - Payment / refund transactions are between you and the Restaurant. Whilst our Services facilitates the payment procedure, D2Uplus Ltd does not receive your payment, store your payment card details and is not responsible for subsequent use of card or payment details.
11. Force Majeure
11.1 - We will not be liable for any injury or death to you or any loss or damage to your goods or property caused by War (declared or not), civil riots, national emergency, labour strikes, adverse weather conditions, breakdowns or any other cause beyond our control.
12. Complaints
D2U Plus Ltd
Suite 3, 13 The Triangle, Bournemouth, Dorset, BH2 5RY
13. Governing Law
13.1 - This Agreement shall be construed in accordance with the laws of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction in relation to any matters arising out of this Agreement.