Wi-Q OPEG TERMS AND CONDITIONS
PLEASE READ THIS CAREFULLY BEFORE USING THIS OPEG OR WEBSITE.
- This end-user licence agreement (the “Agreement”) is a legal agreement between you (“You” or “Your”) and Wi-Q Limited, a company registered in England and Wales with company registration number 04418030 whose registered office is at Matrix House, 12-16 Lionel Road, Canvey Island, Essex SS8 9DE (referred to in this Agreement as “Us”, “We”, or “Our”). Our VAT number is 199 2137 74.
In this Agreement the following definitions apply:
- Device: the device that You use to access Our Site, including but not limited to tablet, notebook, netbook, laptop, mobile phone, smartphone, pda, phablet, or any other device that is capable of accessing Our Site whether or not You actually own the device.
- OPEG: means Our website as accessed by You with Your Device.
- Order: Your order for Products from the Outlet as placed through the OPEG.
- Outlet: The outlet specified in the OPEG as the provider of the Products.
- Products: Those products offered by the Outlet for Your purchase through the OPEG.
- Services: The services that We provide to You from time to time through Our Site on the terms and conditions of this Agreement, namely ordering of food and drink items from Outlets.
- Site: Our website, OPEG, and or other software through which You may order Products from the Outlet including but not limited to Our website www.wi-q.com and all references include any current or future version of Our website or OPEG or other software through which You access Our Services, in each case whether accessed through any current or future platform or Device.
3. Status of Agreement
- a) This Agreement sets out the terms and conditions on which We provide Our Services to You using Your Device to access Our Site.
- b) Please read this Agreement carefully before placing Your Order as Your purchase is subject to this Agreement.
- c) By clicking on the "Accept" button below You agree to the terms of this Agreement which will bind You. If You do not agree to the terms of this Agreement You must click on the "Cancel" button below and You will not be able to access Our Services.
- d) You accept responsibility in accordance with the terms of this Agreement for the use of the Site or any Service whether or not You own the Device You are using.
- e) We reserve the right to change this Agreement from time to time. We will endeavour to notify You if We change any part of this Agreement with details of the change.
- f) We advise You to print or store a copy of this Agreement for future reference.
- g) By ordering Products via the Site (whether now or in the future), You agree to be bound by this Agreement including any changes to it in effect at the time of Your Order.
- h) We licence use of Our Site on the basis of this Agreement.
- i) From time to time We will update the OPEG. Depending on the update, You may not be able to use the OPEG or the Services until You have accepted any new terms.
- j) We remain the owners of the Site at all times.
- l) By using Our Site and or the OPEG You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information You send using the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- m) By using Our Site and or the OPEG or any of the Services, You consent to Us collecting and using technical information about Your Device and related software.
- n) Certain Services will make use of location data sent from Your Device. If You use the Services, You consent to Us and Our affiliates' and licensees' transmission, collection, maintenance, processing and use of Your location data.
- o) You are responsible for making all arrangements necessary for You to have access to Our Site.
- p) You are also responsible for ensuring that all persons who access the Site through Your Device are aware of this Agreement and that they comply with them as You will be responsible for their actions.
- q) The Site the OPEG or any Service may contain links to other independent third-party websites (“Third Party Sites”). Third Party Sites are not under Our control, and We are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make Your own independent judgement regarding Your interaction with any Third Party Sites, including the purchase and use of any products or services accessible through them.
- r) By using Our Site and or the OPEG You consent to Us and Our affiliates' and licensees' sending You messages including but not limited to those of an advertisement or promotional nature.
4. Grant and scope of licence
5. Site Access
- a) We aim to ensure that the Site and or the OPEG is available at all times but We do not undertake any obligation to do so or warrant that it will be. We will not be liable to You if the Site is unavailable at any time or for any period.
- b) We may temporarily suspend Your access to the Site and or the OPEG at any time and without notice.
Except as expressly set out in this Agreement or as permitted by any local law, You agree
- a) not to copy the Site and or the OPEG in whole or in part except where such copying is incidental to normal use of the Site and or the OPEG, or where it is necessary for the purpose of back-up or operational security and then to the minimum extent and for the minimum period necessary;
- b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Site or the OPEG;
- c) not to make alterations to, or modifications of, the whole or any part of the Site or the OPEG, or permit the Site or the OPEG or any part of it to be combined with, or become incorporated in, any other programs;
- d) not to provide or otherwise make available the Site and or the OPEG in whole or in part (including object and source code), in any form to any person without Our prior written consent;
- e) not use the Site and or the OPEG or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site and or the OPEG, any Service or any operating system;
- f) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Site and or the OPEG or any Service;
- g) not infringe Our intellectual property rights or those of any third party in relation to Your use of the Site and or the OPEG or any Service;
- h) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the Site and or the OPEG or any Service;
- i) not use the Site and or the OPEG or any Service in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users or any other person;
- j) not collect or harvest any information or data from any Service or Our systems or attempt to decipher any transmissions to or from the servers running any Service; and
- k) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Site and or the OPEG or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs andPatents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Site with another software program, and provided that the information obtained by You during such activities:
- i. is used only for the purpose of achieving inter-operability of the Site and or the OPEG with another software program;
- ii. is not unnecessarily disclosed or communicated without Our prior written consent to any third party; and
- iii. is not used to create any software that is substantially similar to the OPEG;
7. Your Status
- a) By placing an Order through the OPEG, You warrant that:
- i. You are legally capable of entering into binding contracts; and
- ii. You have the means to pay for Your Order; and
- iii. You are at least 18 years old.
- b) You acknowledge and agree that:
- i. It is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18;
- ii. Orders containing alcohol can therefore not be accepted from or on behalf of persons under the age of 18.
8. Your Order
- a) Once You have selected the Products You wish to order from the Outlet and provided the other required information, You will be given the opportunity to submit Your Order by clicking or selecting the "place my order" button.
- b) Once You have submitted Your Order You will not be entitled to change or cancel it.
- c) Where any payment You make is not authorised, Your Order will not be processed or communicated to the relevant Outlet.
- d) We will send Your Order to the relevant Outlet and will notify You that Your Order has been received and is being processed.
- e) Such notification merely indicates that Your Order has been received and is being processed, and does not necessarily mean that the Outlet has accepted Your Order.
- f) The Outlet is free to accept or reject Your Order as it sees fit.
- g) We will notify You (generally by email) as soon as reasonably practicable if an Outlet rejects Your Order.
- h) In the event that an Outlet rejects Your Order neither the Outlet or We are required to inform You of the reason.
9. Status of Your Order
- a) Your legal contract for the supply and purchase of Products is between You and the Outlet.
- b) We have no control over the actions or omissions of any Outlet.
- c) Accordingly, We do not give any undertaking or warranty about the Products ordered from any Outlet or their description and We disclaim any such warranties to the maximum extent permitted by law.
10. Price and Payment
- a) Product prices will be as quoted on the Site to include VAT and unless stated otherwise exclude service charges or gratuities which You may add at Your discretion.
- b) On occasion it is possible that the Site may contain an incorrect Product price. If the correct price is higher than that stated on the Site, We will normally contact You before the relevant Order is fulfilled. In such an event, neither We nor the relevant Outlet is under any obligation to ensure that the Order is provided to You at the incorrect lower price or to compensate You in respect of incorrect pricing. It We do not contact You in this way then this does not prevent Us from contacting You after Your Order has been processed and in any event You shall remain liable for the correct Price of the relevant Product.
- c) Payment for Orders must be made by an accepted credit or debit card through the Site or directly to the Outlet at the point of delivery to You.
- d) If You pay by credit or debit card, You may be required to show the card to the Outlet.
- e) A credit or discount may apply to Your Order if You use a promotional voucher or code and You pay for any balance by credit or debit card.
11. Intellectual property rights
- a) You acknowledge that all intellectual property rights in the Site and the OPEG anywhere in the world belong to Us or Our licensors, that rights in the Site and the OPEG are licensed (not sold) to You, and that You have no rights in, or to, the Site and the OPEG other than the right to use the Site and the OPEG in accordance with the terms of this Agreement.
- b) You acknowledge that You have no right to have access to the OPEG in source-code form.
12. Limitation of liability
- a) You acknowledge that the Site and or the OPEG has not been developed to meet Your individual requirements, and that it is therefore Your responsibility to ensure that the facilities and functions of the Site and or the OPEG meet Your requirements.
- b) We only supply the OPEG for domestic and private use. You agree not to use the OPEG for any commercial, business or resale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- c) Although We try to ensure that information on the Site and the OPEG is correct, We do not promise it is accurate or complete or up to date.
- d) Where an Outlet has provided Us with allergy, dietary and other Product information We try to accurately reproduce this on the Site and the OPEG. It is the responsibility of the Outlet to provide this to Us, and if You require any further information You should contact the Outlet directly before placing Your Order. Consequently we exclude all liability for any errors or omissions in such information.
- e) Our maximum aggregate liability under or in connection with this Agreement (including Your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the price actually paid by You for the Services on the occasion You suffered a loss. This does not apply to the types of loss set out in condition f) below.
- f) Nothing in this Agreement shall limit or exclude Our liability for:
- i. death or personal injury resulting from Our negligence;
- ii. fraud or fraudulent misrepresentation; and
- iii. any other liability that cannot be excluded or limited by English law.
- a) We may terminate this Agreement immediately by written notice to You without specifying a reason.
- b) On termination for any reason:
- i. all rights granted to You under this Agreement shall cease;
- ii. You must immediately cease all activities authorised by this Agreement, including Your use of any Services;
- iii. You must immediately delete or remove the Site and the OPEG from all Devices, and immediately destroy all copies of the Site and the OPEG in Your possession, custody or control and, if We request, certify to Us that You have done so;
- iv. We may remotely access the Device and remove the Site and the OPEG from all of them and cease providing You with access to the Services.
14. Communication between Us
If You wish to contact Us in writing, or if any condition in this Agreement requires You to give Us written notice, You can send this to Us by e-mail to [firstname.lastname@example.org] or by prepaid post to [Office Address: Number 3, Whitbread Business Centre, Whitbread Farm Lane, Chatham Green, Chelmsford, Essex CM3 3FE)
- a) We will confirm receipt of this by contacting You in writing, normally by e-mail.
- b) If We have to contact You or give You notice in writing, We will do so by e-mail or by post to the address You provide to Us in Your request for the OPEG.
15. Events outside Our control
- a) We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Agreement that is caused by any act or event beyond Our reasonable control, including but not limited to failure of public or private telecommunications networks, public utility providers, or the internet (an “Event Outside Our Control”).
- b) If an Event Outside Our Control takes place that affects the performance of Our obligations under this Agreement:
- i. Our obligations under this Agreement will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control; and
- ii. We will use Our reasonable endeavours to find a solution by which Our obligations under this Agreement may be performed despite the Event Outside Our Control.
16. Other important terms
- i. We may transfer Our rights and obligations under this Agreement to another organisation, but this will not affect Your rights or Our obligations under this Agreement.
- ii. You may only transfer Your rights or obligations under this Agreement to another person if We agree in writing.
- iii. If We fail to insist that You perform any of Your obligations under this Agreement, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
- iv. Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- v. This agreement and the documents and policies referred to in it constitute the whole agreement and understanding between You and Us and supersede and replace any previous arrangement, understanding or agreement between You and Us relating to its subject matter.
- vi. This Agreement, its subject matter and its formation, are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute relating to this Agreement including its formation.
We are committed to protecting and respecting Your privacy.
Scope of Policy
This policy applies to Your use of the OPEG on a Device.
This policy sets out the basis on which any personal data We collect from You, or that You provide to Us, will be processed by Us. Please read the following carefully to understand Our views and practices regarding Your personal data and how We will treat it.
For the purpose of the Data Protection Act 1998, We are the data controller.
Information We may collect from You
We may collect and process the following data about You:
- Submitted Information: information that You provide by filling in forms on the OPEG. This includes information provided at the time of registering to use the OPEG, subscribing to any of the Services, posting material or requesting further services. It excludes Your payment information which is not collected or processed by Us.
- Additional information:
- d of that correspondence;
- details of transactions You carry out through the OPEG and of the fulfilment of Your Orders;
- details of Your visits to the OPEG including, but not limited to, traffic data, location data, dates and times, frequency of OPEG access, weblogs and other communication data, and the resources that You access;
- Device information: We may collect information about the Device including, where available, the Device's or computer's unique Device identifiers, operating system, browser type and mobile network information as well as the Device's telephone number. We may associate Device information with Submitted Information and will treat the combined information as personal data in accordance with this policy for as long as it is combined.
- Location information: when You use one of Our location-enabled Services, We may collect and process information about Your actual location.
- Log information: when You use the Services, We may automatically collect and store certain information in server logs, including but not limited to internet protocol (IP) addresses, internet service provider (ISP), clickstream data, browser type and language, viewed and exit pages and date or time stamps.
Some cookies on this site are essential, and the site won't work as expected without them. These cookies are set when you submit a form, login or interact with the site by doing something that goes beyond clicking on simple links.
WHERE WE STORE YOUR PERSONAL DATA
Any payment transactions carried out by a third-party provider of payment processing services will be encrypted. Where We have given You (or where You have chosen) a password that enables You to access certain parts of Our Sites, You are responsible for keeping this password confidential. We ask You not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although We will do Our best to protect Your personal data, We cannot guarantee the security of Your data transmitted to Us and any transmission is at Your own risk. Once We have received Your information, We will use strict procedures and security features to try to prevent unauthorised access.
USES MADE OF THE INFORMATION
We use information held about You in the following ways:
- Submitted Information: To process Your Order and for direct marketing
- Additional information: To enhance Your user experience and for direct marketing
- Device information: To process Your Order, to enhance Your user experience, and for direct marketing
- Location information: To process Your Order, to enhance Your user experience, and for direct marketing
- Log information: To enhance Your user experience and for direct marketing
We may use Your data, or permit selected third parties to use Your data, to provide You with information about goods and services that may be of interest to You. We or they may contact You about these by post, telephone, email, SMS, or social media.
If You do not want Us to use Your data in this way, or to pass Your details on to third parties for marketing purposes, please tick the relevant box situated on the Order form.
DISCLOSURE OF YOUR INFORMATION
We may disclose Your personal information to any member of Our group, which means Our subsidiaries, Our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.
We may disclose Your personal information to third parties:
- In the event that We sell or buy any business or assets, in which case We may disclose Your personal data to the prospective seller or buyer of such business or assets.
- If We or substantially all of Our assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- If We are under a duty to disclose or share Your personal data in order to comply with any legal or regulatory obligation or request.
You have the right to ask Us not to process Your personal data for marketing purposes. You can exercise Your right to prevent such processing by checking certain boxes on the forms We use to collect Your data. You can also exercise the right at any time by contacting Us.
The OPEG may, from time to time, contain links to and from the websites of Our partner networks, advertisers and affiliates. If You follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that We do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before You submit any personal data to these websites or use these services.
ACCESS TO INFORMATION
The Data Protection Act 1998 gives You the right to access information held about You. Your right of access can be exercised in accordance with that Act. Any access request may be subject to a fee of £10 to meet Our costs in providing You with details of the information We hold about You.