TERMS AND CONDITIONS OF SERVICE

Last updated 28th April 2018    Welcome to Kliklocal.co.uk website and our applications (each our "Service"). This page (together with the documents referred to on it) tells you the terms and conditions on which our partner restaurants and retailers supply any of their products listed on our site to you. Please read these terms and conditions carefully before ordering any Products from our site. By accessing our site and placing an order you agreed to be bound by these terms and conditions and our terms of use policy.  If you have any questions relating to these terms and conditions please contact admin@KlikLocal.co.uk before you place an order. If you do not accept these terms and conditions in full please do not use our Service.  I. INFORMATION ABOUT US KlikLocal.co.uk is a website operated by KlikLocal Ltd ("we" or "us" or "KlikLocal"), incorporated and registered in the England and Wales, whose registered office is at Cambridge House, 27 Cambridge Park, London, E11 2PU, United Kingdom. Our Company registration number is 09186016. Our VAT number is 275354682. KlikLocal provides: on- demand delivery services, local offers and discounts from the high street, a business directory and also taxi services via a mobile application (“Platform”).  The Platform connects consumers with local restaurants and businesses (“Partners”) and to independent licenced taxi drivers to facilitate our taxi services.  The Platform also connects our Partners to independent contractor couriers to carry out our on-demand delivery services.  Through the Platform consumers may request that merchandise be delivered to them from particular retail locations or restaurants.  Independent contractor couriers can access the Platform and receive delivery opportunities.  KlikLocal is not a retail store, restaurant, food delivery service, merchandise delivery service or food preparation entity.  II. PURPOSE The purpose of our Service is to provide a simple and convenient service to you, linking you to the Partner’s online store and if they sell products, allowing you to order those products from them. KlikLocal showcases products on behalf of our Partners, concludes orders on their behalf and delivers the products to you.  III. SERVICE AVAILABILITY KlikLocal offers an ordering and delivery service from our Restaurant and Retail Partners throughout the UK. Each Partner has a prescribed delivery area. This is to ensure that their products reach your door when they are at their best. If you live outside the delivery areas, a message will appear on screen notifying you that ordering online will not be possible. We do not accept orders from individuals to a post code in which we do not have a Partner Restaurant or Retail store. Operating hours will vary depending on local trading conditions and the availability of our Partners.  IV. ORDERS Minimum order values are set by the individual Partners. When you place an order through our Service, an email confirming that your order has been received and accepted by our Partners (the "Confirmation Email") will be sent to you by us, on behalf of the Partner. The contract for the supply of any Meal you order through us will be between you and the Partner and will only be formed when you have been sent the Confirmation Email by us. Please ensure that you have given us a correct email address as this is how we will communicate with you about your Order. Please also ensure that you provide an accurate address and telephone number to ensure that your Meals arrive to the correct location.   Most of our Partners will use our delivery service KliknGo  to deliver your goods and these terms and conditions will therefore apply.  If you do not open the door or respond to telephonic correspondence within 5 minutes of our delivery drivers physically reaching your address, we reserve the right to leave the premises, and you will be charged for the Meal plus delivery. Sometimes, things outside of our control can cause a delay. If this happens, where possible, we will try and contact you if we feel that your order might not arrive within 45 minutes, and we will continue to get it to you as quickly as possible.  You can also track your order to see exactly where it is or use the Contact Driver button on your order confirmation, to message your driver direct (we use KlikLocal Secure software to keep your number private).  For any restaurants that have their own delivery service and are not using our KliknGo Delivery service, you will be notified at the time of placing your order.  These deliveries will be subject to the individual Partner’s terms and conditions and are not monitored by KlikLocal.   If you have any issues with delivery, please ensure you contact the Partner concerned so that they can deal with the problem directly.   V. MEALS All Meals are subject to availability. Your Partner Restaurant may offer an alternative for any Meal it cannot provide you with. Our Partner Restaurants may use nuts in the preparation of certain Meals. Please call our Partner Restaurant prior to ordering if you have an allergy. KlikLocal cannot guarantee that any of the Meals sold by our Partner Restaurants are free of allergens.  In event that there is a problem with your Meal either in regards to food quality and/or temperature, please contact the business concerned by using the contact details on their KlikLocal webpage in the first instance.  If the matter is not resolved to your satisfaction, please contact us using the support page on KlikLocal. We do monitor our Partners very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. Please let us know if you have any comments relating to our Partners or in respect of the products supplied by emailing or calling us.  VI. SALE OF ALCOHOL OR CIGARETTES You must be over 18 years of age to order any services on the KlikLocal app. Persons Alcoholic beverages or cigarettes can only be sold and delivered to persons aged 18 or over. KlikLocal operates the Challenge 25 age verification policy whereby customers who are lucky enough not to look 25 or over, will be asked to provide proof of age to show that they are aged 18 or over. By placing an order that includes alcohol, you confirm that you are at least 18 years old. KlikLocal reserves the right to refuse to deliver any alcohol to any person who does not appear, or cannot prove they are, aged 18 or over. KlikLocal also reserves the right to refuse to deliver any alcohol to any person who is, or appears to be, under the influence of either alcohol or drugs.  VII. AVAILABILITY AND DELIVERY For partners using our KliknGo delivery service, our aim is to provide the best delivery service possible. Unfortunately things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that your product order is delivered by the time specified in the email and webpage. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the Partner at that time.  VIII. ADDING TO AN ORDER If your order is complete and has not yet been accepted by a driver, you can add to it by selecting the new items online and selecting the ‘collect’ option rather than ‘delivery’.  Then call the shop to explain you have added to your order but want the new order sent together with the existing order for the same delivery. If your order has already been accepted by a driver, you will have to order the extra items and either pay for a new delivery or arrange to collect.     IX. CANCELLATION  Perishable items: You have the right to cancel an order within a reasonable time and before the order becomes a Started Order. A Partner Restaurant or Grocery store will classify a bad order as any order which is cancelled after food has been used to start preparing the order (a "Started Order"). Customers can cancel an order by contacting the Partner concerned. KlikLocal and the Partner may cancel any order and will tell you once we cancel an order. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by KlikLocal or a Partner will usually be reimbursed using the same method you used to pay for your order. Any order cancelled after it becomes a Started Order will be charged to you. KlikLocal alone will determine whether an order is a Started Order or not.  Non perishable items:  You have 14 days to return the item for a full refund (minus any delivery cost).  Please take the item back to the store with your printed receipt for a refund. Refunds will be processed within 14 days, however all items must be in their original condition – unused and with labels and packaging please.  X. PRICE AND PAYMENT The price of any product will be listed on our Service. Prices include VAT. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Despite our best efforts, some of the Meals listed on our Service may be incorrectly priced. The relevant Partner Restaurant will normally verify prices as part of the order process. Payment for all products can be made by credit or debit card through our Service. Once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to KlikLocal and is subsequently passed on by KlikLocal to the Partner. We are authorised by our Partners to accept payment on their behalf and payment of the price of any Meals to us will discharge your obligations to pay such price to the Partner. When we make a delivery, we may at our sole discretion charge you a payment processing fee ("Delivery Fee") which will be notified to you before you complete your order.  XI. RATING SYSTEM  We ask you to rate tradespeople and services honestly and fairly. This helps you and other KlikLocal users select a service based on past users experiences.  XII. TAXI SERVICES AND CANCELLATION  We ask you to have your location services switched on so that you get the best user experience, however you can also enter your pick-up address using the KliknRide service. Once you have entered your card details they can be stored securely for future.  Pre-booked taxis can be cancelled for a full refund if you have not already been accepted by a driver.  However if they are already on their way a £5 charge will be held to cover costs.  If you decide to cut your journey short, you will only be charged for the journey you complete.  XIII. OUR LIABILITY To the extent permitted by law, KlikLocal provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither KlikLocal nor any Partner shall have have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that KlikLocal or the Partner is found to be liable to you our total aggregate liability is limited to the purchase price of the products you have paid for in your order. This does not include or limit in any way KlikLocal's or any Partner’s liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.  XIV. EVENTS OUTSIDE OUR CONTROL No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in clause 11 shall excuse the Customer from any payment obligations under this Agreement.  XV. WAIVER Neither you, KlikLocal nor the Partner Restaurant shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.  XVI. SEVERABILITY If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.  XVII. ENTIRE AGREEMENT These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.  XVIII. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS KlikLocal may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.  XIX. LAW AND JURISDICTION The English courts will have jurisdiction over any claim arising from, or related to, any use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.    KLIKLOCAL TERMS OF USE FOR WEBSITE AND APPLICATIONS This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website KlikLocal.co.uk (our "Site") or any application we make available via an app store or otherwise (our "Service"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use or Site or our Service. By accessing our Site or by using our Service, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, do not use access our Site or use our Service.   I. INFORMATION ABOUT US KlikLocal.co.uk is a website operated by KlikLocal Ltd ("we", "us" or "KlikLocal"), incorporated and registered in the England and Wales, whose registered office is at Cambridge House, 27 Cambridge Park, London, E11 2PU, United Kingdom. Our Company registration number is 09186016. Our VAT number is 275354682. KlikLocal is a business where the products ordered are prepared by independent businesses (our "Partners") and delivered by us.  II. ACCESSING OUR SERVICE OR OUR SERVICES Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. You must be over 18 years of age to order any services on the KlikLocal app.  Our drivers will request to see appropriate ID (photo passport, driving licence, PASS card) for anyone who appears to be under the age of 25 and will refuse to deliver any goods if appropriate ID has not been shown.  From time to time, we may restrict access to some parts our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact admin@KlikLocal.co.uk straight away to let us know. We can deactivate your account at any time.  III. ACCEPTABLE USE You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.  IV. INTERACTIVE FEATURES OF OUR SITE We may from time to time provide certain features which allow you to interact through our Site or our Service such as chat rooms. Generally, we do not moderate any interactive service we provide although we may remove content in contravention of these Terms of Use as set out in section 6. If we do decide to moderate an interactive service, we will make this clear before you use the service and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.  V. CONTENT STANDARDS These content standards apply to any and all material which you contribute to our Service (the "Contributions"), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted. Contributions must not: I. contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; II. infringe any copyright, database right or trademark of any other person; III. be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity; IV. be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; V. be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or VI. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.  VI. SUSPENSION AND TERMINATION Failure to comply with section 3 (Acceptable Use) and/or 5 (Content Standards) in these Terms of Use constitutes a material breach of the Terms of Use, and may result in our taking all or any of the following actions: I. immediate, temporary or permanent withdrawal of your right to use our Service; II. immediate, temporary or permanent removal of any posting or material uploaded by you to our Service; III. issuing of a warning to you; IV. legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; V. disclosure of such information to law enforcement authorities as we reasonably feel is necessary. The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.  VII. INTELLECTUAL PROPERTY RIGHTS We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.  VIII. RELIANCE ON INFORMATION POSTED Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.  IX. OUR SITE AND OUR SERVICE CHANGE REGULARLY We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.  X. OUR LIABILITY We have taken every care in the preparation of our Site and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on our Site or in our Service we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site, our Service, and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.  XI. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND USE OF OUR SERVICE We collect certain data about you as a result of you using our Service. This is described in more detail in our Privacy Policy.  XII. UPLOADING MATERIAL TO OUR SITE AND OUR SERVICE Any material you upload to our Service or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.  XIII. LINKS FROM OUR SITE Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  XIV. JURISDICTION AND APPLICABLE LAW The English courts will have jurisdiction over any claim arising from, or related to, a visit to our Site or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.  XV. VARIATIONS We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.  XVI. YOUR CONCERNS If you have any concerns about material which appears on our Service, please contact admin@KlikLocal.co.uk