EATING POINTS CUSTOMER TERMS OF SERVICE 16TH JANUARY 2023

Contents Index: You should read these terms of service in their entirety; however, this index is provided for ease of reference to enable you to navigate to specific sections of the terms.

Contents

INTRODUCTION & GENERAL TERMS

EP parties.

Users and applicable legal terms 4

Definition of users 4

EP privacy policy 4

Additional terms for vendors and couriers 4

Additional Vendor terms for customers 4

Menus, prices and vendor information 4

Placing orders & making payment 5

Pickup/Delivery Orders and Estimated Times 6

Alcohol 6

Reward Points Program 6

Reward Points Program Period 7

Reward Points Eligibility 7

Earning Reward Points 7

Redeeming Eating Points Reward Points 8

Reward Points, Refunds & Returns 8

Viewing Reward Points Balance(s) 8

Reward Points & “No cash Values” 8

Reward Points Expiration 9

Reward Points Programme Termination 9

Reward Points Release 9

Reward Points Indemnification 9

Reward Points Governing Law 9

Additional & Third Party Terms and Conditions for EP platform app users 10

EP CUSTOMER ACCOUNTS 10

Accurate information 11

Security of EP accounts 11

Discretionary access to EP accounts 11

Suspension, term, termination and deletion of EP accounts 11

Account deletion and termination 11

LICENCED ACCESS TO THE EP PLATFORM & PERMITTED USE: 11

Reservation of rights 12

No unlawful or prohibited use 12

CONTENT & INTELLECTUAL PROPERTY 13

EP content and intellectual property rights 13

User content 13

User-related content 14

User content license to EP 14

Use of EP content and user content by other users 14

Terms on submissions/feedback and other user content 14

Creating submissions and other user content 14

Status of submissions on the EP platform 15

Public display of submissions 15

ADVERTISING & THIRD-PARTY WEBSITES: 15

DISCLAIMERS: 16

Content 16

Allergy, dietary and other menu information 16

Vendor actions and omissions 16

SERVICE DISCLAIMERS: 17

EP availability and updates 17

Viruses. 17

No implied warranties 17

Exclusion of indirect damages 17

No responsibility for vendors and couriers 18

Limitation of liability 18

Additional costs 18

INDEMNIFICATION: 18

GOVERNING LAW AND DISPUTE RESOLUTION: 19

Governing Law 19

Dispute resolution process 19

MISCELLANEOUS: 19

Interpretation 19

Entire agreement 20

Notices 20

No waiver 20

Force majeure 20

Severability 20

Order of precedence 20

Assignment. 20

INTRODUCTION & GENERAL TERMS

Please read this terms of service agreement carefully as it constitutes a legally binding agreement between you and the applicable Eating Points (“EP”) entity (as further defined below) in respect of access and use of EP’s website located at www.eatingpoints.app, and any subdomains used in connection with or related to the same and any future versions (the “website”) as well as EP mobile applications (the “EP platform app”) (together the EP platform app and the website constitute the “EP platform”).

These terms of service apply to all users of the EP platform, including users who are vendors of goods or providers of courier services to other users of the EP platform, users who purchase goods or services through the EP platform, users who download the EP platform app and users who simply view the content on or available through the website. 

You must have reached the age of majority in your jurisdiction in order to place orders through the EP platform as a customer or to operate as a vendor or courier. If you are using the EP platform on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these terms of service. The term “user”, “you” or “your” refers to the individual or legal entity, as applicable, accessing or otherwise using EP platform or the EP services. You acknowledge and agree that the EP platform and the EP services are made available to facilitate the ordering of food, beverages or other products provided by vendors that may be delivered by couriers. You understand that EP’s technology and services facilitate these transactions in certain jurisdictions only and that EP is not a vendor or courier nor is EP responsible for fulfilling orders placed by customers with vendors or couriers.

By accessing, browsing and using the EP platform, you indicate that you have read and accept these terms of service. If you do not accept these terms of service, then you may not access or use the EP platform or EP services or any of their content or services.

Important notice: Please be aware that these Terms contain important disclaimers and limitations of liability. In addition, they contain provisions governing how claims that you and we have against each other are resolved, including, without limitation, any claims that arose or were asserted prior to the effective date of this agreement. In particular, it contains an alternative dispute resolution process, and you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and you are waiving your right to seek relief in a court of law and to have a jury trial on your claims.

These terms of service are subject to change by EP in its sole discretion at any time to the fullest extent permitted by applicable law. When changes are made, EP will make a new copy of the terms of service available on the EP platform. We will also update the “last updated” date at the top of the terms of service. If we make any material changes, and you have registered with us to create an account we may also send an e- mail to you at the last e-mail address you provided to us pursuant to the terms of service. Any changes to the terms of service will be effective immediately after posting notice of such changes on the EP platform. EP may require you to provide consent to the updated terms of service in a specified manner before further use of the EP platform and/or the EP services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the EP platform and/or the EP services. Otherwise, your continued use of the EP platform and/or EP services constitutes your acceptance of such change(s). Please regularly check the EP platform to view the most current terms.

EP parties.

If you are accessing or using the EP platform outside of Jersey these terms of service form an agreement between you and Dine Out, Dine In Limited trading as www.eatingpoints.app (“EP”), a company incorporated under the laws of Jersey. For non-Jersey users, use of the terms “EP”, “us”, “we” or “our” means EP Jersey.

EP Jersey, and their affiliates, officers, directors and employees, are referred to in these terms of service as the “EP group”. For the avoidance of doubt, the EP group does not include any third parties such as vendors and couriers (as such terms are defined in these Terms of Service).

Users and applicable legal terms

Definition of users

The EP platform facilitates the ordering by consumers/end users of the EP platform (“customers”) of food, drinks and other products (collectively “goods”) offered by restaurants and store owners through the platform (“vendors”) and the delivery of such goods through independently contracted couriers who are users of the EP platform (the “couriers”). Collectively, customers, vendors and couriers constitute “users” of the EP platform and these terms of service apply to all users.

EP privacy policy

Please note that important information about EP’s practices on the collection, use and disclosure of users’ personal information submitted via the website, or the EP platform app is governed by our privacy policy, the terms of which are incorporated into these terms of service. Please see further: https://eatingpoints.app/pages/privacy-policy(the “privacy policy”).

Additional terms for vendors and couriers

In addition to these terms of service and the privacy policy, vendors and couriers are subject to additional terms agreed in separate agreements with EP in respect of the goods/services offered by such users. In the event of any conflict between these terms of services and the separate agreement you have with EP, the terms of the separate EP agreement will govern.

Additional Vendor terms for customers

Vendors may have additional privacy policies or statements which govern their practices in collecting, storing, using and disclosing your personal information when you order from them. Please read those additional privacy policies or statements carefully. You hereby represent and warrant to EP that you have familiarised yourself and agree with those privacy policies or statements imposed by any vendor with whom you elect to deal through the EP platform.

Menus, prices and vendor information

Through the EP platform you may place orders for goods from vendors, you may receive delivery of the goods and EP may provide customer care support between you, couriers and vendors (these services and associated services such as order management, payment processing for orders and provision of access to the EP platform provided by EP from time to time are the “EP services”). For avoidance of doubt, EP does not prepare or fulfil any orders for goods or provide delivery services directly and no members of the EP group will be liable for any transactions between customers, couriers or vendors. EP may provide products or services to couriers or vendors through a separate agreement executed with such parties. Menus and other vendor-related information on the EP platform is content provided by the vendor and not EP.

Goods prices listed on the EP platform from vendor are in Great British Pounds. Goods prices may not include applicable tax and delivery charges and taxes and delivery charges may be added at checkout and will be payable by you along with the order price.

Placing orders & making payment

Goods’ prices, delivery charges and any other fees are subject to change at any time at EP’s or the vendor’s discretion.

Once you have created your EP customer account you may select goods from a vendor’s menu, choose your desired quantities, and then add them to your cart. Your cart may be edited at any time prior to placing an order. Once you have made your selection, you may proceed to place your order. At this time, you will have the opportunity to review your cart items. After you review and confirm that the items in your cart are correct, you may proceed to place your order. You are responsible to ensure that all of your order details, including billing, delivery address and other information is current, complete and accurate. 

Payment processing services for the EP platform are provided by payment services providers as EP may choose from time to time (collectively referred to as the “payment processing services provider”). You hereby authorize EP to share with the payment processing services provider that financial information, banking details and transaction information related to your use of the payment processing services and the EP platform. You also agree that the EP group is not responsible for the use or misuse of such financial information, banking details and transaction information by the payment processing services provider or any third party.

Payment for orders must be made with:

• an accepted credit or debit card through the EP platform (“card orders”) and/or;

• through reward point redemptions (in part or full payment for the order) and/or; 

• by cash directly to the vendor or courier (“cash orders”)

If you choose a cash order, you must pay the vendor or courier, as applicable, and are liable for failure to do so.

We reserve the right to change, or to stop accepting, any permitted payment method at any time in our sole discretion. You agree we may charge your payment card for any order placed and for any additional amounts (including any taxes) as may be applicable in connection with your purchase. You are responsible to ensure that all of your billing information is current, complete, and accurate. We will provide you with an online or emailed billing summary statement which you may review, save, or print at your discretion. This is the only billing statement that will be provided by us.

We encourage vendors to confirm all orders and to communicate any inability or unwillingness to confirm promptly, and we will notify you as soon as reasonably practicable if the vendor does not confirm your order. You agree that EP or the vendor will have no liability to you for orders that are not confirmed, are cancelled or that the vendor has been unable or unwilling to fulfil.

Because of standard banking procedures, once you have placed a card order and your payment has been authorised, your bank or card issuer will “ring-fence” the full amount of your order. If your order is not confirmed by the vendor or cancelled for any other reason, your bank or card issuer will not transfer the funds for the order to the Vendor and will instead release the relevant amount back into your available balance. However, this may take a period of typically up to 5 working days (and in some cases up to 30 days, depending on your bank or card issuer). You acknowledge and agree that no members of the EP group nor the relevant vendor will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

Pickup/Delivery Orders and Estimated Times 

You may have the ability to choose if you would like your order to be picked up by you at the premise of the vendor (“pickup order”) or delivered to you by a third-party courier or courier of the vendor (“delivery order”). You may be provided a time for when the pickup order will be ready for pickup or when the delivery order will be delivered. These times are only an estimate and EP and the vendor offer no guarantee that these times will be achieved. EP is not responsible for any delays in receiving or having your order ready for any reason. For a pickup order, you will arrive at the time provided and EP and the vendor are under no obligation to remake or refund the goods if you do not arrive when indicated.

Alcohol

If you order alcohol, you warrant that you are of legal age to purchase and consume alcohol in the area in which the alcohol is delivered and are not ordering alcohol for any person below the legal age in the applicable jurisdiction. You acknowledge and agree that vendors or couriers may require valid government-issued photo identification(s) matching the name on the order and proving your age to the vendor or courier, and that the recipient is not intoxicated when receiving delivery. If you are unable to meet these conditions to the satisfaction of the vendor or the courier then alcohol products may be withheld, and any refund for such withholding is at the discretion of the vendor, EP or courier. If you order alcohol and the alcohol is to be delivered, the delivery address must be a residential or private addresses. For greater certainty, alcohol orders may be subject to time and location restrictions.

Reward Points Program

The Eating Points Reward Points Program (“Reward Points”) sponsored by Dine Out Dine In Limited is designed to help you get the most out of your membership. The following Reward Points terms and conditions (these “EP Reward Points Terms”) contain important information regarding the Program. Please read the following Rewards Terms and Conditions carefully. These Rewards Terms and Conditions are incorporated into the Site Terms and Conditions. Participation in the Program and/or redemption of Rewards is considered acceptance of these Rewards Terms and Conditions and any modified terms included therein.

Being eligible for the Program entitles members (“Members”) to take advantage of certain Program Rewards (“Rewards”) that may change from time to time and, which may be made available for limited times, all as determined by the Sponsor in its sole discretion. 

Sponsor reserves the right to modify these Rewards Terms and Conditions at any time, without notice to you, so it is important to check the Rewards Terms and Conditions periodically. 

Upon notice, Sponsor may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Program and/or any Program Reward at any time, including the availability of any Program Reward.

Reward Points Program Period

This Program will continue until terminated, suspended, modified, or converted to another rewards program by the Sponsor (the "Program Period").

Reward Points Eligibility

To become a Member of the Program, you must be 16 years of age or older. To enrol in Program, you simply need to have registered for an account with EatingPoints.app at https://www.EatingPoints.app/users/signup. You do not need to have a subscription to earn Points in the Program.

Earning Reward Points

Once you have become a Member, you can begin earning Eating Points Limited points (“Points”) by purchasing items from PARTICIPATING Merchants ONLY within the Eating Points systems.

You can only earn points with suppliers/restaurants (the “Merchants”) participating in the Program. Such participation is entirely at the discretion of the Merchant, and they may suspend or terminate their participation in the scheme at any time. If a Merchant suspends or terminates their participation in the Program this may result in the loss of any points earned with that Merchant.

Earned points will be associated with the Merchant with whom the points were earned when ordering. Points associated with a specific Merchant can only be redeemed against future purchases to be made with that Merchant. Points cannot be re-associated with or transferred to another association with any other Merchant.

Upon notice, Sponsor reserves the right to suspend, terminate, revalue or modify, without liability to Members, all or part of the Points’ value structure and offers and any merchandise or service. 

Sponsor reserves the right to adjudicate all Points discrepancies in its sole discretion, and the Members agree to abide by any such adjudication. You can check your Eating Points Limited Points balance on your Rewards Points Accounts Page.

You will earn 5 points for every £1 spent purchasing items from participating Merchants. 

Every 5 points you earn in accordance with this Program equals to a redeemable value of £0.05. 

Members will earn fees upon the net value of their order (after any additions for delivery fees/taxes and after any deductions for discounts or partial/full redemption of points).

Redeeming Eating Points Reward Points

Points are redeemable towards purchases of products solely on the Site, and you can redeem them in the checkout process. Points associated with a specific Merchant can only be redeemed against future purchases to be made with that Merchant. Points cannot be re-associated with or transferred to another association with any other Merchant.

For every 5 points redeemed the cost of the order will be reduced by £0.05.

To redeem your Points, simply add items to your shopping cart, and click the “Checkout” button. Continue through the checkout process. When you get to the Payment Information section, you’ll see a box that says “Reward Points.” When you click it, sufficient Points will be used including either:

a) for full net cost of order (after any deductions for discounts and/or additions for taxes/delivery fee

b) for partial payment of the order 

Where members elect to redeem Points for partial payment of the order, Members will be required at the Checkout stage to select a secondary payment method to cover the balance of the cost of the order. 

Reward Points, Refunds & Returns 

Any items received as a result of Points redemption may only be exchanged for a refund of the applicable Points redeemed for such item (not cash or credit). Purchases made with Points will ship in the normal course of business.

Viewing Reward Points Balance(s)

You can always check your Eating Points point balance (total balance and balance per merchant) on your Reward Points Accounts page within the platform. 

Points balances and equivalent redemption value are shown in the format “X points (£Y)”. This format is for ease of calculating and viewing savings that could be made when redeeming points and do not reflect any cash value.

Reward Points & “No cash Values”

You cannot redeem Points for more than the total amount of your purchase. Points are not redeemable for cash and have no cash-in value at any time.

Reward Points Expiration

Earned Points will expire 12 months from the date they were first earned. If Member does not redeem Points within this time frame, Member forfeits all such Points.

Your Reward Points History account page lists your Rewards Points balance history, which displays the dates your points were earned and redeemed.

Reward Points Programme Termination

Sponsor may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Program and/or any Reward at any time, including the availability of any Reward. Sponsor may, in its sole and absolute discretion, terminate or suspend any Member’s participation in the Program for breach of these Rewards Terms and Conditions, or for taking any actions that are inconsistent with the intent of these Terms and Conditions. Sponsor reserves the right at its sole discretion to prohibit any Member from participating in any aspect of the Program if Sponsor deems or suspects that such Member has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Rewards Terms and Conditions; or (b) damaging, tampering with or corrupting the operation of the Program or Site; or (c) acting with intent to annoy, harass or abuse any other person; or (d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behaviour or activity; or (e) activity deemed in the sole discretion of Sponsor to be generally inconsistent with the intended operation of the Program. Any decision Sponsor makes relating to termination or suspension of any Member’s participation in the Program shall be final and binding in all respects. Sponsor shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Rewards Terms and Conditions or intent of these Rewards Terms and Conditions.

Reward Points Release

Except for wilful misconduct or gross negligence on the part of Eating Points Limited, by participating in the Program, Members release Sponsor, its parent company, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program and/or the use of any Rewards.

Reward Points Indemnification

Members agree to indemnify, defend and hold Sponsor and its representatives and agents harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including legal fees and costs, arising from, or related to any breach by Member of any of these Rewards Terms and Conditions or any violation by Member of applicable law.

Reward Points Governing Law

The laws of Jersey, Channel Islands shall govern these EP Rewards Points Terms. Member hereby expressly consents to exclusive jurisdiction and venue in the courts located in Jersey for all matters arising in connection with these EP Rewards Terms and Conditions or Member’s participation in the Program.

Additional & Third Party Terms and Conditions for EP platform app users 

To the extent the other terms and conditions of these terms of service are less restrictive than, or otherwise conflict with, the terms and conditions of this section, the more restrictive or conflicting terms and conditions in this section apply, but solely with respect to the use of google maps services and content, or to the EP platform app if downloaded from the apple app store or the google play store.

The EP platform may use services and content from google maps or google earth. You acknowledge and agree that you are bound by the google maps/google earth additional terms of service (including the google privacy policy). The following additional terms and conditions apply to you if you are using an EP platform app. You acknowledge and agree that:

These terms of service are entered into between you and EP. Neither apple, Inc. (“apple”) nor google, Inc. (“google”) (collectively, the “download service providers”) are parties to these terms of service agreement nor will they have obligations with respect to the EP platform app. The applicable EP party not apple or google, is solely responsible for the EP platform app, including any maintenance and support, and the content thereof as set forth hereunder. However, the download service providers, along with their respective subsidiaries, are third-party beneficiaries of these terms of service. Upon your acceptance of these terms of service, the download service provider used to obtain the EP platform app will have the right (and will be deemed to have accepted the right) to enforce these terms of service against you as a third-party beneficiary. If EP fails to conform to any applicable warranty, you may notify the download service provider used to obtain the EP platform app and they will refund the purchase price (if any) of the EP platform app in accordance with their policies, and, to the maximum extent permitted by applicable law, the download service provider used to obtain the EP platform app will have no other warranty obligation whatsoever with respect to the application and, as between the download service provider used to obtain the EP platform app and EP, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty is EP’s responsibility. You and us both acknowledge that EP, not the download service provider used to obtain the EP platform app, is responsible for addressing any end-user or third-party claims related to the EP platform app, including, but not limited to: (a) product liability claims, (b) any claim that the EP platform app fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar law. Further, you and us both acknowledge that, in the event of any third-party claim that the EP platform app or your possession or use of the EP platform app infringes on that third party’s intellectual property rights, as between EP and the download service provider used to obtain the EP platform app, the EP platform app will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country, and you are not listed on any US government list of prohibited or restricted parties.

EP CUSTOMER ACCOUNTS

To use the EP platform and most features of the EP services, you are required to successfully create a user account (the “customer account”) using the available interfaces at the EP platform.

Accurate information

You represent and warrant that all information supplied by you on the EP platform (including information provided by you to create a customer account for use of the EP platform or in connection with your use of the EP services is true, accurate, current and complete.

Security of EP accounts 

Any EP account must be kept secure, and you agree that you will not share or disclose your EP account credentials with anyone. No members of the EP group will be liable for any loss or damage arising from your failure to safeguarding your EP account, use a strong password or limit its use to your EP account. You may browse some of the EP platform without creating an EP account.

Discretionary access to EP accounts

EP reserves the right to deny your request for an EP account (including usernames) and to disable or terminate access to any EP account (including usernames) issued to you at any time in EP’s sole discretion. If EP disables access to an EP account issued to you, you will be prevented from accessing the EP platform or the EP services, your EP account details, orders or other information that is associated with your EP account.

Suspension, term, termination and deletion of EP accounts

We may suspend or terminate your ability to access the EP platform, or cease providing you with all or part of the EP services at any time for any or no reason, including, if we believe: (i) you may have violated these terms of service, (ii) you may create risk or possible legal exposure for us; (iii) prolonged inactivity; or (iv) our provision of the EP services to you is no longer commercially viable. Suspension or termination may also include removal of some, or all of the materials uploaded by you. We may make reasonable efforts to notify you by the email address associated with your account, through the EP platform or the next time you attempt to access your account, depending on the circumstances. You acknowledge and agree that all suspensions or terminations may be made by EP in its sole discretion and that no members of the EP group will be liable to you or any third-party for any suspension or termination of your access or for the removal of any of the materials uploaded by you to the EP platform. Any suspension or termination of this agreement by EP will be in addition to any and all other rights and remedies that EP may have.

Account deletion and termination

You may request the deletion of your account by requesting (by email or through any then-available interfaces) that your EP account be deleted, ceasing use of the EP platform, the EP services and uninstalling and removing all local software components thereof, if any. If you request deletion of your EP customer account, we may disable your EP customer account but keep the disabled EP customer account for fraud prevention or other lawful purposes. If we have received all outstanding payment from you, you may request termination these terms of service at any time by requesting by email (or any then-available interface on the EP platform) that your EP account be deleted. We may terminate these terms of service at any time by giving notice to you, at our discretion, by email at your current email address on file with us or through the EP platform.

LICENCED ACCESS TO THE EP PLATFORM & PERMITTED USE:

Subject to your compliance with these terms of service, EP hereby grants you a personal, revocable, non-exclusive and non-transferable license to use the EP platform in accordance with these terms of service in the following manner depending on the type of user that you are:

(i) For customers, you may use the EP platform to view menus provided by vendors, create an account, place orders and pay for goods (including the delivery of goods) (each an “order”). You may also use feedback features of the EP platform to rate, post comments, rating and reviews on goods, vendors and couriers (as applicable).

(ii) For couriers, you may create an account and use the EP platform to manage and fulfil requests for deliveries of orders,

(i)-(iii) constitute the “permitted use” as applicable for a specific type of user.

Reservation of rights

EP retains the right, at its sole discretion, to deny access to anyone to the EP platform or the EP services, at any time and for any reason (or no reason at all), including, but not limited to, for violation of these terms of service or use other than the permitted use. You will cease and desist from any such access or use of the EP platform or EP services immediately upon request by EP.

Geographic application of the EP platform. The EP platform and/or specific services may not be available at all or any times and in all or any jurisdictions. Furthermore, nothing on the EP platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation may be prohibited by law.

Changes to the EP platform. EP reserves the right to change or allow a third party to change any information, material or content (including, but not limited to, price, features, availability of goods, menus, vendors, posting and rating/reviews of vendors) contained on or provided through the EP platform (the “content”) at any time, and from time to time, without notice. For greater certainty, the content includes the user content (as defined below).

No unlawful or prohibited use

You may not, without EP’s prior written permission, use the EP platform, the EP services or any content (including other user’s user content) for purposes other than the applicable permitted use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to, or attempt to use the EP platform and/or the content to:

“frame”, “mirror” or otherwise incorporate the EP platform, the EP services or the content or any part thereof on any commercial or non-commercial website;

Access, monitor or copy any part of the EP platform, the EP services or the content using any robot, spider, scraper or other automated means or any manual process for any purpose without EP’s express written permission;

Violate any laws;

Violate the restrictions in any robot exclusion headers on the content or the EP platform or bypass or circumvent other measures employed to prevent or limit access to the EP services or the EP platform;

Remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the EP platform or the content;

Modify or attempt to modify (or permit anyone else to modify or attempt to modify) the EP platform, or any vendor menu, including any modification for the purpose of disguising or changing any indications of the ownership or source of the EP platform;

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the EP platform or impersonate another person or organization or misrepresent their affiliation with a person or entity;

Attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the EP platform or the EP services;

Copy, reproduce, modify, translate, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the EP platform or the content;

License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the EP platform;

Create derivative works based on the EP platform, the EP services or the content, in whole or in part, or decompile, disassemble, reverse engineer or other exploit any part of the EP platform, the EP services or the content;

Use of access the EP platform in a manner that violates the rights (including, but not limited to contractual, intellectual property or proprietary rights) of any third party; or

Upload to or transmit through the EP platform any information, images, text, data, media or other content that is offensive, harmful, tortuous, hateful, obscene, defamatory or violates any laws or is otherwise objectionable, in each case as determined by EP in its sole discretion.

CONTENT & INTELLECTUAL PROPERTY

EP content and intellectual property rights

The EP platform and all content contained therein (excluding user content as defined below), is owned or licensed by EP and protected by copyright, trademark and other intellectual property laws (“EP content”). EP expressly reserves all rights in the EP platform and all materials provided by EP in connection with these terms of service that are not specifically granted to you. You acknowledge that all right, title and interest in the EP platform, all materials provided by EP in connection with these terms of service (including the EP content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with EP (or third party suppliers or licensors, if applicable), and that the EP platform and all materials provided by EP hereunder are licensed and not “sold” to you.

User content

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the EP platform by users (“user content”), is the sole responsibility of such users. This means that the user, and not members of the EP group, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available on the EP platform. EP may monitor user content from time to time, but EP does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will any members of the EP group be liable in any way for any user content including for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the EP platform. To the extent your user content contains any personally identifiable information, that data is handled in accordance with the EP privacy policy and all other user content will be considered non-confidential.

User-related content

EP may collect data, information, records, files, material or other content from your local computer (including mobile) system or from third parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof (“user-related content”). You grant to EP group a perpetual, transferable, irrevocable, royalty-free, worldwide and sublicensable license to access, collect, store and use any such user-related content. To the extent your user-related content contains any personally identifiable information, that data is handled in accordance with the EP privacy policy. User-related content is not considered confidential or proprietary.

User content license to EP

By submitting, posting or displaying user content on or through the EP platform or otherwise to EP, you grant EP group, a worldwide, non- exclusive, royalty-free, perpetual, transferable, and fully sublicensable right to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform display and otherwise use user content, in whole or in part. You further grant EP the right (although EP does not have the obligation) to pursue at law any person or entity that violates your or EP’s rights in the user content by a breach of these terms of service. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any user content that you submit. For the avoidance of doubt, EP has no obligation to post or display any user content on the EP platform.

Use of EP content and user content by other users

You may only use EP content and other users’ content (e.g. menus provided by vendors) for the applicable permitted use. If you print extracts from the EP platform for your own personal, non- commercial use, you must not modify the digital or papers of such materials or use any graphics, pictures, photographs or videos separately from any accompanying text.

Terms on submissions/feedback and other user content

Creating submissions and other user content

Through the capabilities of the EP platform, you may be able to provide ratings/reviews, suggestions or other feedback (“submissions”). Submissions are a subset of user content. In creating and posting any submissions (or other user content) you represent and warrant that you will not post or transmit to or from the EP platform any material or content which does or may:

• Breach any applicable local, national or international law;

• Be unlawful or fraudulent;

• Amount to unauthorized advertising;

• Contain any defamatory, obscene or offensive material;

• Promote violence or discrimination;

• Infringe the intellectual property rights of another person;

• Breach any legal duty owed to a third party (such as a duty of confidence);

• Promote illegal activity or invade another person’s privacy;

• Give the impression that they originate from us; or

• Be used to impersonate another person or to misrepresent your affiliation with another person.

You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of submissions or other user content to the EP platform.

Status of submissions on the EP platform

We reserve the right to remove or edit at any time any submissions or other user content posted, uploaded or transmitted to the EP platform that we determine breaches the restrictions in section 7(i) above or is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any reason. Any submissions on the EP platform is for information purposes only and does not constitute advice from us or the opinions of anyone within the EP group. User content may reflect the opinions of customers who have ordered through the EP platform and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, no members of the EP group assume any responsibility or liability to any person for any user content, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.

Public display of submissions

You acknowledge that EP may choose to provide attribution of your submissions (for example, listing a date, user’s name and city on a user’s rating/review that you submit) at EP’s discretion, and that such user content may be visible to other users and visitors to the EP platform. By providing a rating/review you acknowledge and consent to us using your given name in association with the rating/review. All ratings/reviews that we receive may be moderated before we publish them. We may do this to make sure that ratings/reviews fit our content guidelines.

Note on privacy. If you access any person information through or in connection with the EP platform you agree that you will treat such personal information in accordance with EP’s current privacy policy and you will not collect or harvest any personal information, including personal information of other users, except as permitted by these terms of service.

ADVERTISING & THIRD-PARTY WEBSITES:

If you elect to have any business dealings with anyone whose products or services may be advertised on the EP platform, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that no member of the EP group will have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.

The EP platform may provide links to third party websites and such links are provided solely for your convenience. Third party websites: links to third party websites on the EP platform are provided solely for your convenience. If you use these links, you leave the EP platform. We have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third-party websites linked to the EP platform, you do so entirely at your own risk.

EP reserves the right to prohibit or remove (or require you to remove) any link to the EP platform, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

DISCLAIMERS:

The laws of certain jurisdictions do not allow the exclusion or limitation of legal warranties, conditions or representations. If these laws apply to you, some or all of the exclusions or limitations in these terms of service (including the following disclaimers and limitations of liability) may not apply and you may have additional rights.

Content

While we try to ensure that information on the EP platform is correct, we do not promise it is accurate or complete. We may make changes to the material on the EP platform including to goods and prices described on it, at any time without notice. The material on the EP platform may be out of date, and we make no commitment to update that material.

Allergy, dietary and other menu information

We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information (“menu information”) from the menus that are provided to us by vendors. However, it is the vendors that are responsible for providing this menu information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other menu information, you should confirm with the vendor directly before ordering.

Vendor actions and omissions 

The legal contract for the supply and purchase of goods is between the customer and the vendor that you place your order with. We have no control over the actions or omissions of any vendor or courier. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the EP platform:

We do not give any undertaking that the goods ordered from any vendor through the EP platform will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.

Estimated times for deliveries and pick-ups are provided by the vendors and are only estimates. Neither we nor the vendors or couriers guarantee that orders will be delivered or will be available for pick-up within the estimated times.

We encourage all vendors accept all orders and to communicate any rejection promptly, and we will notify you (generally by email or through in app notifications) as soon as reasonably practicable if a vendor rejects your order. However, we do not guarantee that vendors will accept all orders, and vendors have the discretion to reject orders at any time because they are too busy, due to weather conditions or for any other reason.

The foregoing disclaimers do not affect customer’s statutory rights against any vendor or courier.

SERVICE DISCLAIMERS:

EP availability and updates

EP may alter, suspend, or discontinue the EP platform or service at any time and for any reason or no reason, without notice. The EP platform or service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. EP may periodically add or update the information and materials on this the EP platform without notice.

While we try to ensure the EP platform is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and no members of the EP group will be liable to you if the EP platform is unavailable at any time or for any period.

EP may upgrade or alter the EP platform at any time. EP may remotely access the EP platform (including for greater certainty any EP platform app) at any time for any lawful reason and in particular to update the software or to perform software maintenance.

Viruses.

The downloading and viewing of the EP platform or the content is done at your own risk. EP cannot and does not guarantee or warrant that the EP platform or the content are compatible with your computer system or that the EP platform or the content, or any links from the EP platform or the content, will be free of viruses, worms, malware, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the EP platform.

Communications not confidential. EP does not guarantee the confidentiality of any communications made by you through the EP platform. Although EP generally adheres to the accepted industry practices in securing the transmission of data to, from and through the EP platform, you understand, agree and acknowledge that EP cannot and does not guarantee the security of data transmitted over the internet or public networks in connection with your use of the EP platform.

No implied warranties

The EP services, the EP platform and the content are provided “as is” without warranty or condition of any kind. To the fullest extent permitted by law, EP disclaims all warranties, representations and conditions of any kind with respect to the EP services, EP platform and the content whether express, implied, statutory or collateral, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that the EP services, the EP platform or the content are or will be error-free or will operate without interruption.

Exclusion of indirect damages

In no event will EP or any member of the EP group be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind (including, without limitation, indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of revenue, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not EP is advised of the possibility of such damages, resulting from or related to the use of, or the inability to make use of, the EP services, the EP platform or the content.

No responsibility for vendors and couriers

Vendors and couriers offering goods or services through the EP platform are independent persons or organizations and not representatives, agents or employees of EP. EP is therefore not liable for the acts, errors, omissions, representations, warranties, contractual breaches or negligence of any vendors or couriers or for any personal injury, death, property damage, or other damages or expenses resulting therefrom and takes no responsibility whatsoever for the products or services offered by vendors or couriers.

Limitation of liability

To the extent that the foregoing limitations do not apply, in no event will the total aggregate liability of the EP group in connection with or under these terms of service, including in connection with your use of, or inability to make use of, the EP services, the EP platform or the content exceed: (i) the fees paid by you in the preceding 4 months; or (ii) GBP £100.00 (one hundred Great British Pounds), whichever is lower. For greater certainty, the existence of one or more claims under these terms of service will not increase the maximum liability amount.

Additional costs

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 EP platform, 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.

The limitations above reflects a fair allocation of risk but for which EP would not make the EP platform and/or EP services available to users. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

INDEMNIFICATION:

You agree to defend, indemnify and hold harmless EP group, its licensors and their directors, officers, agents, contractors, partners, representatives and employees from and against any threatened or actual claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal fees, incurred in connection with or as a result of:

• Your breach of these terms of service or any documents referenced herein;

• Your violation of any law or the rights of a third party (including, without limitation, intellectual property rights);

• Your breach of or failure to perform in respect of any orders made by you or by any third party acting on your behalf or with your permission; or

• EP reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by EP.

GOVERNING LAW AND DISPUTE RESOLUTION:

Governing Law

These terms of service will be governed by the laws of Jersey, Channel Islands. These laws apply to your access to or use of the EP platform, the EP services or the content, notwithstanding your domicile, residency or physical location. The EP platform, the EP services and the content are intended for use only in jurisdictions where they may lawfully be offered for use.

Dispute resolution process

Except to the extent restricted by applicable law, if there is any dispute or controversy between (1) you and (2) EP or any members of the EP group, including any dispute or controversy arising out of or relating to these terms of service, the EP platform or EP services, any interactions or transactions between (1) you and (2) EP or any members of the EP group, or in respect of any legal relationship associated with or derived from these terms of service, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of you or us, (each, a “dispute”), the disputing person will serve notice on the other person and each you and us must use good faith efforts to resolve the dispute informally.

If the dispute is not resolved after twenty (20) business days of a party serving notice on the other party that there is a dispute, the parties agree that the dispute will be finally resolved by mediation before an independent mediator.

The parties will resolve any dispute on an individual basis. Any claim you may have must be brought individually, in your individual capacity and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against the company or any related entity.

The company will pay the reasonable mediation costs. There will be no appeals from any question of fact or law, or any other issue

Nothing in this agreement will prohibit the company from seeking interim measures from a court, including preliminary or injunctive relief or in order to address any breach by you of regarding personal information, confidential information and intellectual property.

This agreement will be construed and interpreted in accordance with the laws of Jersey, Channel Islands.

MISCELLANEOUS:

Interpretation 

Unless the context clearly requires otherwise, (a) references to the plural include the singular, the singular the plural, the part the whole, (b) references to any gender include all genders, (c) “including” has the inclusive meaning frequently identified with the phrase “but not limited to” and (d) references to “hereunder” or “herein” relate to this agreement. The section headings in this agreement are for reference and convenience only and shall not be considered in the interpretation of these terms of service.

Entire agreement

If you are a customer, these terms of service, the privacy policy and any documents incorporated by reference herein constitute the entire agreement between EP and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and EP with respect to the EP platform. A printed version of these terms of service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these terms of service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notices

EP may, in its sole discretion, provide any notices to you in connection with these terms of service through the EP platform or by email at the then-current email address for you on file with EP. EP may be contacted in writing at:

Dine Out, Dine In Limited. 17 Hilary House, Hilary Street, Jersey JE2 4SX

-or-

Email: contact@eatingpoints.app

EP may change its notice contact information from time to time by posting updated contact details on the EP platform.

No waiver

EP’s failure to insist upon or enforce strict performance of any provision of these terms of service will not be construed as a waiver of any provisions or right.

Force majeure

EP will not be liable to you for any failure of or delay in the performance of its obligations under these terms of service for the period that such failure or delay is due to causes beyond EP’s reasonable control, including but not limited to acts of God, power outages, internet disconnectivity, war, strikes or labour disputes, embargoes, government orders or any other force majeure event.

Severability

if any of the provisions contained in these terms of service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this agreement shall remain in effect.

Order of precedence

If any of the provisions contained in these terms of service conflict with the terms of another agreement between you and us, then these terms of service will prevail; provided that, if you are also a vendor registered on the EP platform, the terms applicable to the vendor agreement will govern your relationship with EP in connection with your use of the EP platform as a vendor offering its services.

Assignment. 

You may not transfer any of your rights or obligations under these terms of service without our prior written consent. We may transfer any of our rights or obligations under these terms of service 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.