PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE.
The “app” mobile application software (the App) and the website (the Website) is owned and operated by Bring The Food registered in England and Wales at Bring The Food, 191 Fazeley St, Birmingham, B5 5SE and is licensed to Da Vinci’s.
This end-user licence agreement (EULA) is a legal agreement between you (End-user, or You), Bring The Food and Da Vinci’s (Licensor) (Bring The Food and the Licensor are herein referred to as Us or We).
We licence use of the App and the Website to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site, located at play.google.com (Google Play Store) or itunes.apple.com (Apple App Store) (Google Play Store and Apple App Store are herein referred to as Appstore), the End-user downloaded the App (Appstore Rules).
Neither the Licensor or Bring The Food sells the App or the Website to you and Bring The Food remain the owners of the App and the Website at all times.
The purpose of the App and the Website s to provide a simple, convenient and cost-effective service to Da Vinci’s clients and their customers. Linking customers with restaurants, providing a gateway for ordering takeaway food, booking tables and receiving offers and discounts. Interactive menus allow you to build and submit orders or book services at the click of a button.
By accessing the App or the Website you can place orders, view your order history, introduce friends, receive offers and information and earn or receive discounts.
Operating system requirements – The App requires a smartphone, iPhone or Android phone with a minimum of 10MB of memory and internet access through a HTML 5 compatible browser. The Website requires any computer, tablet or mobile that has a modern browser.
- If you do not agree to the terms of this licence, we will not licence the App or the Website to you and you must stop the downloading process now by clicking on the “Cancel” button on your smartphone. In this case the downloading process will terminate.
- You must be over the age of 18 to use the App or the Website
- As a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading the App.
- However, you will lose the right to cancel the transaction once you begin to download or stream the App.
- This does not affect your consumer rights for an app or documents that are defective.
- You should print a copy of this EULA for future reference.
1.1 The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time and as such you should periodically log onto this page upon which the new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
1.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
1.4 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
1.6 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.7 Certain Services will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time.
1.8 The App 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.
1.10 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2. GRANT AND SCOPE OF LICENCE
2.2 You may download or stream a copy of the App onto smartphone, iphone, android windows, tablets or personal computers and to view, use and display the App on the Devices for your personal purposes only.
3. LICENCE RESTRICTIONS
3.1 Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App 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 App 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 App;
(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
(f) to include our copyright notice on all entire and partial copies you make of the App on any medium;
(g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology), together Licence Restrictions.
3.2 The App is intended to be accessed by individuals located in the UK and we make no representation that any inter-operability or functionality included within the App is appropriate for use in any other jurisdiction.
4. ACCEPTABLE USE RESTRICTIONS
4.1 You must:
(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) 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.
4.2 By using the App, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the App or account page.
4.3 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to the App in source-code form.
6. LIMITATION OF LIABILITY
6.1 You acknowledge that the App 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 App as described in the Documents meet your requirements.
6.2 We only supply the App for domestic and private use. You agree not to use the App and Documents 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.
6.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 6.4, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.
6.4 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to Â£100. This does not apply to the types of loss set out in condition 6.5.
6.5 Nothing in this EULA shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law.
7.1 We may terminate this EULA immediately by written notice to you:
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
(c) if the Licence agreement between the Licensor and Bring The Food is terminated.
7.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA, including your use of any Services;
(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.
8. COMMUNICATION BETWEEN US
8.1 If you wish to contact Bring The Food in connection with the functionality of the App, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to Bring The Food at Bring The Food 191 Fazeley St, Birmingham, B5 5SE and email@example.com. Bring The Food will confirm receipt of this by contacting you in writing, normally by e-mail. Should you wish to contact us by telephone our number is 0330 117 0110.
8.2 If you wish to contact the Licensor in connection with the Services, or if any condition in this End-User Licence Agreement requires you to give notice in writing you can send this to us by email or prepaid post to Bring The Food 191 Fazeley St, Birmingham, B5 5SE and firstname.lastname@example.org. Should you wish to contact us by telephone our number is 0330 117 0110.
8.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
9.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
10. OTHER IMPORTANT TERMS
10.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
10.2 You may not transfer your rights or obligations under this EULA to another person.
10.3 If we fail to insist that you perform any of your obligations under this EULA, 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.
10.4 Each of the conditions of this EULA 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.
10.5 Please note that this EULA, 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 non-exclusive jurisdiction.
10.7 No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
By visiting and/or ordering services on the App (as such term is defined below) you agree and where required you consent to the collection, use and transfer of your information as set out in this policy
SCOPE OF POLICY
- the “app” mobile application software (App), once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (Device); and
- 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.
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 Our Sites, including the Device’s telephone number. This includes information provided at the time of registering to use the App or any of the Services, subscribing to any of the Services, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by Da Vinci’s, and when you report a problem with any of Our Sites.
- Additional information:
- if you contact us, We may keep a record of that correspondence;
- We may also ask you for your views on our Services and to notify you occasionally about important changes or developments to the App or our or our Services
- details of transactions you carry out through any of Our Sites and of the fulfilment of your orders or reservations; and
- details of your visits to any of Our Sites including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
- Device information: We may collect information about the Device or any computer you may use to download or stream a copy of the App onto your 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, for system administration and to report aggregate information to our advertisers. 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. Some of these Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by using the contact information included below or updating your profile within the App
- Log information: when you use the Services or view content on Our Sites, 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.
- Unique application numbers: when you install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.
- Strictly necessary cookies. These are cookies that are required for the operation of the App. They include, for example, cookies that enable you to log into secure areas of the App or use a shopping cart.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our App works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our App. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our App, the pages you have visited and the links you have followed. We will use this information to make our App and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies.
If cookies are already on your system, you can delete them – For more information on cookies and deletion of cookies please visit: http://www.allaboutcookies.org/manage-cookies.
Please be aware that deleting certain cookies can result in difficulties when navigating around sites.
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on our secure servers. Any payment transactions carried out by our chosen 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 Our Sites; 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.
We may collect and store personal data on your Device using application data caches and browser web storage and other technology.
USES MADE OF THE INFORMATION
We use the information we collect for:
- Processing your order or reservation and providing customer care support;
- Planning and managing our business activities, including analysing customers’ shopping/reservations habits and preferences and administering the App;
- Monitoring customer traffic patterns and App usage to help us develop and improve the design and layout of the App;
- Providing you with information about the products and services we offer and for cross marketing purposes by providing you with offers from limited third parties which we believe will be of genuine interest to you.
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 form on which We collect your data or update your profile accordingly.
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 and to Da Vinci’s. 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 are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.
- In order to:
- protect the rights, property or safety of us or Da Vinci’s , our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the App or the Services are advertised). 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.
You have the right to see the information we hold about you (Access Request) and to ask us to make any changes to ensure that it is accurate and up to date. If you wish to do this, please contact us using the contact details set out in section 7 below. In the event that you make an Access Request, we reserve the right to charge a fee of ten pounds (Â£10.00) to meet our costs in providing you with details of the information we hold about you.