Last updated: 01/08/2022

1. About these terms of use and what we do

Welcome to TableSnappr’s Instant Ordering Platform where we link you to your favourite restaurants, venues and food outlets who we partner with (“Partner Restaurants") and allow the Customer (“you” or “your”) to order and pay for items using your mobile device .

TableSnappr Limited (“we”, “us”, “ our” or “TableSnappr”), is a company registered in England with company number 11671850 with registered offices at Ebenezer House, Ryecroft, Newcastle Under Lyme, Staffordshire, ST5 2BE. You can contact us at infotablesnapprcom.

These terms of use apply when you, as an individual, use our Instant Ordering Platform. For an explanation of what we mean by the Instant Ordering Platform, please see paragraph 2.1.1 below.

If you do access or use the Instant Ordering Platform, it is understood that you agree to these terms of use.

Please be aware that if you do not accept these terms of use you must not access or use the Instant Ordering Platform.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PLACING YOUR ORDER ON THE INSTANT ORDERING PLATFORM, INCLUDING THE LIMITATIONS OF LIABILITY (SECTION 11).

2. Key terminology

2.1. In these terms of use, the following terms have the following meanings:

2.1.1. "Instant Ordering Platform" means the online mobile order platform as offered by TableSnappr in respect of the Products made available by Partner Restaurants through TableSnappr’s website/application;

2.1.2. "Order" means the order placed by you to purchase the Products and payment, via the Instant Ordering Platform;

2.1.3. "Partner Restaurant" has the meaning given in section 1;

2.1.4. “Products” means the food and beverage products which can be purchased from the Partner Restaurants through the Instant Ordering Platform;

2.1.5. “QR Code” means the readable code which is scanned by you to place an Order with the Partner Restaurant through the Instant Ordering Platform; and

2.1.6. “Service Fee” has the meaning set out in section 7.4.

2.2. Where the words “include” or “ including” are used in these terms of use, they are deemed to have the words “without limitation” following them, and the examples following these words are illustrative only and shall not limit the sense of the words preceding them.

3. Additional terms

3.1. When you place an Order and make a payment our third party payment processor (“Payment Processor”), Stripe Payments Europe Limited or Paypal, will process the payment on our behalf. Please see section 7.5 for further information.

3.2. The relationships that we have with the Partner Restaurants are governed by separate terms and conditions. Each Partner Restaurant is obliged to act in a professional manner when making its Products available to you through the Instant Ordering Platform. Please note that Partner Restaurants may have their own terms and conditions for use of the Products they provide (which may include certain disclaimers and limitations of liability).

3.3. Our Privacy Notice, as may be updated from time to time, sets out the terms on which we process any personal data we collect from you, or that you provide to us.

3.4. For the avoidance of doubt, use of our site at www.tablesnappr.com (or of any other services accessible through it) are subject to separate terms of use and privacy policies, which are accessible through the respective sites.

4. Intellectual property rights

4.1. We are the owner (or the licensee) of all intellectual property rights in the content provided through the Instant Ordering Platform, and the underlying software. This content is protected by copyright laws and treaties around the world.

4.2. In consideration of you agreeing to comply with these terms of use, we grant you a non-transferable, non-exclusive, revocable licence to use the Instant Ordering Platform for your personal purposes only and subject to these terms of use. We reserve all other rights.

5. Placing an Order through the Instant Ordering Platform

5.1. You enter into a direct (legally binding) contractual relationship with the Partner Restaurant when you place your Order and it is accepted by the Partner Restaurant. We act solely as an intermediary between you and the Partner Restaurant, transmitting the relevant details of your Order to the relevant Partner Restaurant and sending you a confirmation email and payment receipt for and on behalf of the Partner Restaurant. TableSnappr is, therefore, a disclosed agent of the Partner Restaurant and TableSnappr does not itself (re)sell or offer any product or service to you.

5.2. Once you have placed your Order and it has been accepted, your Products will be prepared by the Partner Restaurant and delivered (e.g. to your table) or prepared for self-collection. If you have ordered Products for delivery, you must remain at the same location (e.g. at your table) once you have placed the Order in order to receive the Products.

5.3. The information that we disclose through our Instant Ordering Platform is based on the information provided to us by the Partner Restaurants. The Partner Restaurants are fully responsible for updating all prices, availability, allergen information, ingredient lists, and other information relevant to the Products they offer and produce. Although we will use reasonable skill and care in providing the Instant Ordering Platform, we cannot guarantee that all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), inaccurate, misleading or untrue information or non-delivery of information. Each Partner Restaurant remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the price of the Products, allergen information, ingredient lists, and availability) displayed to you through this Instant Ordering Platform.

5.4. The Partner Restaurants may use nuts, dairy, gluten or other allergens when they are preparing the Products. If you have any questions regarding the ingredients and allergen information please contact the Partner Restaurant directly. TableSnappr is not responsible for guaranteeing that Products sold via the Instant Ordering Platform are allergen free and excludes all liability to this regard, subject to section 11.1 .

5.5. The Instant Ordering Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, or qualification of any Partner Restaurant, or the Products produced or sold by them.

5.6. Our Partner Restaurants operate their own opening hours, which means that the Partner Restaurants who you place an Order with and the availability of the Products depends upon the Partner Restaurant.

5.7. Some Partner Restaurants may operate a minimum order policy, which will be made clear when you place your Order.

6. Access to the Instant Ordering Platform

6.1. We cannot and do not guarantee that the Instant Ordering Platform will always be available or that access to it will be uninterrupted. Access to the Instant Ordering Platform is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Instant Ordering Platform without notice. We will not be liable to you if for any reason the Instant Ordering Platform is unavailable at any time or for any period. If we think your use of any element of the Instant Ordering Platform is in breach of these terms of use, we may refuse your further use of and/or access to the Instant Ordering Platform with immediate effect and without notice.

6.2. You are responsible for making all arrangements necessary for you to access the Instant Ordering Platform (including having access to an internet connection and an appropriate device or browser).

6.3. You are also responsible for ensuring that all persons who access the Instant Ordering Platform through your internet connection and/or device are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

6.4. Whilst we work to strong security standards, we cannot and do not guarantee that the Instant Ordering Platform will be secure or free from bugs or viruses and you should use your own virus protection software.

7. Price and Payment

7.1. Prices and any Service Fees will be as quoted through the Instant Ordering Platform but may be subject to change by Partner Restaurants and TableSnappr at any time (in which case the details on the Instant Ordering Platform will be updated accordingly) and it is possible that, despite our best efforts, some of the pricing and other information shown for certain Products is incorrect.

7.2. Prices quoted on the Instant Ordering Platform include VAT.

7.3. We accept payment via debit or credit card, Apple Pay, GPay or equivalent. Payment cannot be accepted with cash. You may request a payment receipt via email on checkout and payment of your Order. If you require a VAT receipt for your Order you must contact the Partner Restaurant directly.

7.4. You should be aware that, depending on the Partner Restaurant, TableSnappr may charge a percentage of the value of the Products (including VAT) as a service fee for the services provided to you via the Instant Ordering Platform (the “Service Fee”) which is payable by you in addition to the price paid for the Products. The service fee and the total price of your Order will be set out before you place your Order.

7.5. As noted above, TableSnappr uses third party Payment Processors, to process the payment for Orders on behalf of the Partner Restaurants. In these circumstances, payment is safely processed from your credit/debit card or bank account through these Payment Processors. Payment is received by TableSnappr, then the Service Fee and certain other fees agreed by TableSnappr with the Partner Restaurant are deducted, and the remainder of the payment is transferred to the Partner Restaurant’s account. Any payment facilitated by us for and on behalf of, and transferred to, the Partner Restaurant will in each case constitute a payment of the price by you of the purchase of the relevant Products in final settlement of such due and payable price.

8. Cancellation of an Order

8.1. You may cancel an Order without charge at any time before the Partner Restaurant has started preparing the food (an " Order In Progress"). If you wish to cancel an order before it becomes an Order In Progress, please contact the Partner Restaurant directly via the contact details provided on the Instant Ordering Platform or in person at the Partner Restaurant itself. If the Partner Restaurant confirms the order was not an Order In Progress, we will refund your paymentin full. If you cancel an Order after it becomes an Order In Progress, you will be charged the full price for the Products including the Service Fee, as set out in section 7 above.

8.2. You will not be charged for any orders cancelled by TableSnappr or the Partner Restaurant, and we will reimburse you in total for any payment made for the Order.

9. Alcohol

9.1. It is against the law for alcoholic beverages to be sold to persons under 18. By placing an Order for an alcoholic beverage you are confirming that you are 18 years or older. The Partner Restaurant may refuse delivery of an alcoholic beverage to anyone who looks under 25 unless valid photographic ID can be provided to prove you are 18 years of age or over. Alcoholic beverages will not, at the Partner Restaurant’s discretion, be delivered to anyone who appears to be under the influence of alcohol or drugs. If delivery if refused, you will still be charged for the alcoholic beverage(s).

10. What happens if something is wrong with your Order

10.1. Under consumer protection law products sold must be as described, fit for purpose and of satisfactory quality. We will refund you the price of a Product (or a whole Order at our discretion) if we believe that your Product(s) do not conform with these standards.

10.2. If you have any questions, feedback or complaints about the Products or your Order please contact the Partner Restaurant directly. If you have any technical questions regarding the Instant Ordering Platform or your payment for the Order please contact us at infotablesnapprcom.

11. Limitations of liability

Please read this section carefully as it sets out the limits of our liability to you in relation to your use of the Instant Ordering Platform.

11.1. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

11.2. Subject to section 11.1, we will not be liable or responsible for:

11.2.1. any loss or damage that was not caused by a breach on our part;

11.2.2. any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure);

11.2.3. any losses that were not foreseeable to both you and us when you commenced using the Instant Ordering Platform (losses are ‘foreseeable’ if they were an obvious consequence of our breach or if they were contemplated by you and us at the time you placed your Order);

11.2.4. any loss or damage arising from an inability to use the Instant Ordering Platform;

11.2.5. use of or reliance on any content displayed through the Instant Ordering Platform (regardless of the origins of such content unless due to our breach or negligence);

11.2.6. any inaccuracy relating to the information (including price, availability, allergen information and ingredient lists) about the Products or the Partner Restaurants as made available through the Instant Ordering Platform;

11.2.7. the services rendered or the Products offered by the Partner Restaurants; or

11.2.8. any personal injury, death, property damage, or other damages, losses or costs suffered, incurred or paid by you, whether due to acts, errors, breaches, negligence, wilful misconduct, omissions, non-performance, or misrepresentations by or (wholly or partly) attributable to a Partner Restaurant (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies).

11.3. Subject to section 11.1 and 11.2, our liability for any losses suffered arising out of, or in connection with, your use of the Instant Ordering Platform, whether in contract, tort (including negligence) or breach of statutory duty, or otherwise is limited to the sum of one thousand pounds (£1,000).

11.4. Please note that we only make the Instant Ordering Platform available to you for domestic and private use. You agree not to use the Instant Ordering Platform for any commercial or business purposes.

11.5. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Instant Ordering Platform, whether express or implied.

11.6. This section does not affect any legal rights you may have as a consumer in relation to defective services or products. Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards Office.

11.7. You acknowledge that we have made the Instant Ordering Platform available to you in reliance upon these terms of use (including these limitations of liability).

12. General

12.1. We may update these terms of use from time to time, including, to reflect changes in law or as a result of changes to the Instant Ordering Platform or the addition of new features – it is therefore important that you refer to these terms of use from time to time to ensure that you are familiar with the relevant terms which govern your use of the Instant Ordering Platform.

12.2. The latest version of our terms of use will be accessible through the Instant Ordering Platform. You will be required to read and accept our terms each time you place an Order through the Instant Ordering Platform.

12.3. If any part of these terms of use is determined to be invalid or unenforceable pursuant to applicable law including the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms of use shall continue in effect (and if any of the sub-sections in section 11.2 are held to be invalid and are struck out then this shall not impact on any of the remaining sub-sections).

12.4. We will not be in breach of any of our obligations under these terms of use (or otherwise liable for any failure or delay in performance) if we are prevented, hindered or delayed in or from performing any of our obligations by any event beyond our reasonable control. The time for performance of such obligations shall be extended accordingly.

12.5. Subject to any specific terms detailed through the Instant Ordering Platform in relation to particular features or materials, these terms of use (together with the documents referred to in them) set out the entire agreement between you and us in respect of your use of the Instant Ordering Platform.

12.6. No failure or delay by us to exercise any right or remedy provided under these terms of use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

12.7. Any rights not expressly granted by us under these terms of use are reserved.

12.8. The Instant Ordering Platform is intended for use by person’s resident within the United Kingdom. If you are accessing or attempting to access the Instant Ordering Platform from any other location then: (i) we make no representations that you will be able to access the Instant Ordering Platform or that it will function correctly; and (ii) you are responsible for ensuring that you act in accordance with any applicable laws in whatever jurisdiction you are resident.

12.9. Use of the Instant Ordering Platform is not authorised in any jurisdiction that does not give effect to all provisions of these terms of use.

12.10. These terms of use are governed by and construed in accordance with English law. You and we both agree to submit to the exclusive jurisdiction of the courts of England and Wales (save that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland).