terms & conditions

strEAT Events Limited T/A AndMunch online platform Terms and Conditions (Customer)

[●] 2020

  1. Introduction
    1. The AndMunch Platform (the “Platform”) is an online market place that enables businesses that offer services (the “Supplier” and the services they provide are the “Services“) to present such Services on the Platform and to communicate and transact directly with those registered with the Platform who wish to receive such Services (the “Customer“).
    1. These Terms and Conditions (“T&Cs“) apply to Customers who are registered with the Platform and wish to receive Services.
    1. By accessing or using any part of the Platform you acknowledge you have read, understood, and agree to be bound by our terms and conditions. You further acknowledge that these terms are an agreement between you and strEAT Events Limited T/A AndMunch (company number SC552229), even though they are electronic and are not physically signed by either party. Your registration as a Customer or other use of the Platform deems your acceptance and continued acceptance of our terms and conditions which are subject to change.
    1. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.
    1. To register as a supplier on our Website, you must be at least 18 years of age. Persons under the age of 18 are not permitted to use or register for the Site or use the Marketplace Offerings.
    1. In these T&Cs:
      1. ‘we’, ‘us’ or ‘our’ means strEAT Events Limited, T/A AndMunch; and
      1. ‘you’ or ‘your’ means the Customer using the Platform.
    1. When using the Platform you also agree to be legally bound by:
      1. our Privacy Policy and any document referred to in it; and
      1. any specific terms which will be agreed as part of the booking process.
    1. As the provider of the Platform we do not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Services other than as set out in these T&Cs. 
    1. The Supplier alone is responsible for the Services. When you choose a Service and make a booking request you are entering into a contract directly with the Supplier.
  1. Updates to our T&C’s
    1. We reserve the right, at our sole discretion, to change or modify our T&Cs at any time and without giving notice to you. We will post any changes to these T&Cs on the Platform and will indicate at the top of this page the date these terms were last revised. It is your responsibility to check our T&C’s any time you login to use the Platform for any changes, as they are binding on you. Your continued use of the Platform after the date any such changes become effective constitutes your acceptance of the new or revised terms and conditions.
  2. Intellectual Property Rights
    1. Unless otherwise indicated, the Site and the Marketplace Offerings are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or the Marketplace Offerings and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
    1. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks
  1. Privacy and Personal Data
    1. Our Privacy Policy is available at [www.andmunch.co.uk/yourprivacy];
    1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
  1. Account registration and compliance
    1. Before using the Platform you are required to complete a registration form and create an account. You acknowledge and agree to provide true, accurate, current and complete information about yourself and your booking as prompted by the registration form. If any information provided by you is or becomes untrue, inaccurate, not current or incomplete, you agree to inform us immediately. Failure to do so may result in your account being suspended or terminated without notice and future use of our site thereafter being refused.
    2. If you are registering an account for a business or other organisation, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions provided in these T&Cs.
    1. As part of the registration process, you will need to provide an account user name and password of which you are solely responsible for maintaining the confidentiality and security of. You agree to:
      1. notify us immediately of any unauthorised use of your account or if you know or suspect that anyone other than you knows your user name or password; and
      1. accept responsibility for all activities that occur on your account including liability resulting through unauthorised usage unless such use is due to our negligent acts or omission.
    1. In completing the registration form you are agreeing to use the Platform to source and/or reserve catering facilities for your own event or occasion or for one for which you have authority to do so.
    1. We are not an employer or supplier of catering services, and the Platform does not include or comprise any work performed by a Supplier once they have been engaged.

Below, we set out how a legally binding agreement between you and us in terms of the Platform is made.

    1. Following the Platform process using any and all features, functions and content of the Platform you will identify (with reference to food type, price point, location and availability) the type of catering facilities you wish to engage. The Platform will identify Suppliers meeting your selected criteria from which you may select your chosen Supplier and make a request for a booking on the Platform for that Supplier to provide the Services. Please read and check your booking request carefully before submitting it as you are responsible for what you request.
    1. When you place your booking request we will acknowledge it by email. This acknowledgement does not mean that your booking has been accepted. Your booking request will then be passed to an individual who will be responsible for your booking, your “Catering Manager“.
    1. Your Catering Manager shall contact the Supplier to check if the booking request is accepted and advise you of the Supplier’s acceptance or otherwise they may contact you to say that your booking request cannot be accepted. Your Catering Manager will aim to do this within 48 hours of receiving your booking request. Non-acceptance is typically for the following reasons:
      1. the Supplier is or has become unavailable;
      1. the Supplier cannot fulfil your request; 
      1. there has been a mistake on the pricing or description of the catering; or
      1. there has been a technical fault with your booking and it has not been processed.
    1. Your order will have been accepted on behalf of the Supplier when your Catering Manager emails you to confirm this (“Confirmation Email“), when you receive this email you will also receive the confirmed price. When you receive a Confirmation Email a legally binding contract will be in place between you and the Supplier, subject to any amendments and conditions agreed between you and the Supplier.
  1. Prohibited Activities
    1. You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
    1. As a user of the Site, you agree not to:
    1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. 
    1. Make any unauthorised use of the Marketplace Offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
    1. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
    1. Engage in unauthorised framing of or linking to the Site.
    1. Attempt to impersonate another user or person or use the username of another user.
    1. Use the Marketplace Offerings as part of any effort to compete with us.
    1. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Marketplace Offerings to you.
    1. 6.10.Delete the copyright or other proprietary rights notice from any Content.
    1. 6.11.Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
    1. 6.12.Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
    1. 6.13.Use the Site in a manner inconsistent with any applicable laws or regulations
  1. Submissions
    1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 
  1. Booking modifications 
    1. Any modifications to your confirmed booking should be made via your Catering Manager. You and the Supplier are responsible for any modifications to a booking you make and you agree to pay any additional fees associated with such booking modifications. 
    1. You can make modifications to your booking up to 7 working days before the first day of your event. These modifications should be made through your Catering Manager.
  1. Right to cancel this agreement
    1. You have the right to cancel your booking at any time subject to the cancellation fees set out at Clause 8.1.
    1. To inform us of your cancellation, you must tell us of your decision to cancel the Services by a clear statement in either writing, email or by direct phone call. This can be made to your Catering Manager.
    1. Should you have any bookings outstanding, to meet the cancellation deadlines in accordance with this clause, it is sufficient for you to tell us about your decision to cancel before the cancellation period has expired.
  1. Effect of cancellation
    1. 10.1.Cancellation of any booking or part thereof, prior to the event date will incur percentage cancellation fees in relation to the booking value as detailed below:
      1. should you cancel no earlier than 1 month prior to the first day of your event, you will be charged a cancellation fee of 15% of your booking;
      1. should you cancel later than 1 month but earlier than 7 days prior to the first day of your event, you will be charged a cancellation fee of 25% of your booking;
      1. should you cancel no later than 7 days but earlier than 72 hours prior to the first day of your event you will be charged a cancellation fee of 50% of your booking.
      1. should you cancel no later than 72 hours prior to the first day of your event you will be charged a cancellation fee of 75% of your booking.
      1. Should you cancel with no notice your booking is non-refundable, and you will be charged a cancellation fee of 100% of your booking.
    1. 10.2.No later than 10 working days after the day we receive notice of your cancellation subject to 8.1 above, we will request any outstanding payment, due immediately, or make any reimbursement without undue delay.
    1. 10.3.We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
    1. 10.4.A booking may be cancelled due to a “Force Majeure Event”. A Force Majeure Event is a cancellation for reasons beyond either party’s reasonable control including (but not limited to); extreme weather conditions, government actions, war, terrorism, riots, strikes, epidemics or pandemics, and acts of God. Where a Force Majeure Event has taken place, the cancellation policy above no longer applies, and you will not be entitled to any refund and the cancellation terms are null and void. Subject to the other provisions of this clause, neither party shall be in breach of this agreement nor liable for failure to deliver services or for a delay in services for its obligations under this agreement if and to the extent that such delay or non-delivery is due to a Force Majeure Event.
  1. Payment
    1. At the time you receive your Confirmation Email you will also receive an invoice from us noting the total cost of your booking and any deposit required to confirm the booking. This will be at least 50% of the total cost and may be higher if a higher deposit is specified on the Supplier’s details on the Platform and is payable immediately. The outstanding balance for your booking is due no later than 1 week after the first day of your event (the “Due Date“) to which you will receive a reminder invoice no later than 4 weeks before the Due Date stating the outstanding balance to be made including the cost of any modifications.
    1. Should any modifications be made in accordance with Clause 8.2, you will be invoiced for these upon confirmation of the modifications by you Catering Manager with payment due immediately.
    1. The price of the booking made through the Platform:
      1. is in pounds sterling (£)(GBP);
      1. excludes VAT at the applicable rate; and
      1. includes the cost of the Supplier delivering the booking as agreed and confirmed in your Confirmation Email.
      1. Payments made by credit/ debit card will incur an additional service fee of 2-2.5%
    1. If you fail to pay the outstanding balance by the Due Date, we may:
      1. charge you interest on amounts outstanding at a rate of 8% per annum above the Bank of Scotland base rate which shall accrue daily from the Due Date until payment of the overdue amount is made;
      1. suspend your account and where applicable; and
      1. make known to any other Suppliers you have a booking with that you have a payment outstanding.
    1. Any amendment or changes made to your booking following receipt of the Confirmation Email may result in additional costs as noted in clause 8 and will appear in your reminder balance invoice or be invoice in accordance with Clause 11.2 above.
  1. Cancellation due to a Force Majeure Event
    1. A booking may be cancelled due to a “Force Majeure Event”. A Force Majeure Event is a cancellation for reasons beyond either party’s reasonable control including (but not limited to); extreme weather conditions, government actions, war, terrorism, riots, strikes, epidemics or pandemics, and acts of God. Where a Force Majeure Event has taken place, the cancellation policy above no longer applies, and we will not be liable for your service fee and the cancellation terms are null and void. Subject to the other provisions of this clause, neither party shall be in breach of this agreement nor liable for failure to deliver services or for a delay in services for its obligations under this agreement if and to the extent that such delay or non-delivery is due to a Force Majeure Event.
  2. Exclusivity & Disintermediation
    1. By registering with the Platform, you agree to make all bookings of Suppliers through the Platform. Accordingly, if you use any Supplier other than by booking through the Platform at any time up to 3 months after you were introduced to or last used the Supplier through the Platform, then a resourcing fee shall apply. The resourcing fee is £100 per Supplier per event
    1. Any bookings that are taken off the platform which originated on the platform will remain subject to our commission & booking fee
    1. These fees shall be payable immediately.  Failure to adhere to this will result in you being removed from the Platform altogether.
    1. All fees are stated exclusive of VAT which is also payable if applicable.
  1. Complaints and dissatisfaction
    1. If you are unhappy with the Services provided by the supplier you should contact the Supplier first to try and resolve any issues.
    1. If the issue cannot be resolved after you have contacted the Supplier, you contact us using the contact details at the top of the page or on our website.
    1. Nothing in this agreement affects your legal rights under the Consumer Rights Act 2015. You may also have other rights in law.
  1. End of the agreement

If this agreement is ended it will not affect our right to receive any money which you owe to us under this agreement.

  1. Limit on our Responsibility
    1. Except for any legal responsibility that we cannot exclude in law or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
      1. the quality of Services provided by a Supplier;
      1. the performance of such Services by a Supplier;
      1. any losses that were not foreseeable to you and us when the agreement was formed;
      1. any losses that were not caused by any breach on our part;
      1. losses to non-consumers; or
      1. any indirect or consequential loss or loss of profit.
    1. You agree to indemnify and hold us harmless from any claim or demand (including all reasonable legal costs and expenses) howsoever incurred arising out of your use of our Services or as a result of the breach by you of these T&C’s, including any claim brought by any third party against us arising out of your use of the Platform.
  1. Site Management
    1. We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
  2. Warranty
    1. We do not guarantee, represent, or warrant that your use of the Platform will be uninterrupted, timely, secure or error-free. In no event will we be liable under these T&C’s or in connection with its subject matter for any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the Platform, however caused, regardless of legal theory, whether in delict, negligence, contract or otherwise. Regardless of whether a claim for such damages is based in contract, delict and/or any other legal theory, in no event shall we aggregate liability to you for all damages (other than as may be required by applicable law) exceed the amount of total fees paid or payable by you for the Platform giving rise to the claim. Nothing in these T&Cs shall limit or exclude our liability for death or personal injury resulting from our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited by the law of Scotland
  3. Access
    1. 10.1.Subject to you complying with our T&Cs and the provisions hereof, you may access or use the Platform solely for the purpose of browsing and finding your chosen catering service. You will not:
      1. allow any competitor of ours to use or access the Platform,
      1. use or access the Platform to develop or enhance any product or service; or
      1. make any posting or otherwise use the Platform in any inappropriate way.
    1. 10.2.You may be able to connect with third parties’ sites (“Linked Sites“) from the Platform. Linked Sites are not, however, reviewed, controlled, or examined by us in any way and we are not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. In no event shall we be liable directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. We reserve the exclusive right, at our sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Platform and /or to introduce different features or links to different users of the Platform.

 

  1. Disputes
    1. 11.1.We will try to resolve any disputes that arise in relation to this agreement with you, quickly and efficiently.
    2. 11.2.If you are unhappy with:
      1. the Platform;
      1. our service to you generally; or
      1. any other matter

please contact us within 10 working days of your event so that we may be able to resolve the matter.

    1. 11.3.If we cannot resolve a dispute, we will:
      1. let you know that we cannot settle the dispute; and
      1. give you certain information required by law about alternative dispute resolution.

  1. Electronic Communications, Transactions and Signatures
    1. 12.1.Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
  2. Governing Law and Jurisdiction
    1. 13.1.These T&Cs and any dispute or claim arising out of, or in connection with them, their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of Scotland and the parties irrevocably agree that the Scottish courts shall have  non-exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this agreement, its subject matter or formation (including non-contractual disputes or claims).