END USER TERMS
This Agreement (”End User Terms”, “Agreement”) is a legal agreement between Dept Of Digital Ltd here a company incorporated in England and Wales with registered number 12556517 whose registered address is Westminster House, 10 Westminster Road, Macclesfield, Cheshire, SK10 1BX (the “Dept Of Digital”, “Supplier”, “Dept Of Digital” or “Us”) and the entity or person (“you”, “your”, or “user”) who is accessing this Mobile App or Web App or Website (collectively the “Service”).
“Venue” is a Restaurant, Café, Deli, Takeaway, Pub, Bar, or other similar food and/or drink serving Hospitality Business that would be the recipient of any order placed via the Service. This Service is provided on behalf of the Venue and uses the Dept Of Digital Ordering Platform ( “Platform”). Access to, use of, placing of an order, linking to this Service or Platform, or using the underlying Platform, is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on this Service, Platform or any other Dept Of Digital Service. Your Access to and or use of this Service constitutes your agreement to be bound by this Agreement.
The Agreements include terms regarding future changes to the Agreements, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. "Dept Of Digital Ltd" is a company whose registered office is Westminster House, 10 Westminster Road, Macclesfield, Cheshire, SK10 1BX, England, and company number 12556517. Dept Of Digital may update or revise this Agreement, including any Dept Of Digital Policies, from time to time. You agree that you will review this Agreement periodically and that your continued use of the service demonstrates your acceptance of the updated terms.
2 OUR PURPOSE
2.1. We provide software (our “Ordering Platform”) to Venues, who use our Ordering Platform to offer you a bespoke, branded Service (including this Service) that allows you to initiate and pay for an order ("Orders") for products ("Products") directly with that Venue. We also provide software products and services to Venues and other hospitality related businesses to help them manage their ordering operations and market their business.
3 YOUR STATUS AND OUR STATUS
3.1 Capacity and age: By placing an Order via the Platform, you warrant that: 3.1.1. You are legally capable of entering into binding contracts 3.1.2. You are at least 18 years old.
3.2 Our Status: We are not a Data Controller in respect of your use of this Service. The Data Controller is the Venue. We are a Data Processor.
4 USING THIS SERVICE AND/OR PLATFORM
4.1 Use for Convenience. This Platform and or Service is not intended to be relied upon by you. We cannot guarantee availability of the Platform or Services at all times nor the accuracy or appropriateness of information. In particular, you should make your own checks on the accuracy of your order and the amount you are paying.
4.2 Responsibility. We are not responsible for your activities on this Service or Platform. This service is offered to you by the Venue you are placing the order with. The Venue is fully responsible for the provision to you of this service and for your order and fulfilment of any obligations (legal or otherwise) as a result of your use of this Service.
4.3 We make no guarantee, accept no responsibility or liability that your order will be sent to or received by the Venue via our Platform. This is because the internet is a medium that does not guarantee communication and we are not in control of every step between your phone and the Venue.
4.4 Dept Of Digital accepts no responsibility or liability for the quality or quantity of any goods, ordered, delivered by or collected from Venues. It is the responsibility of the Venue to fulfil your order.
4.5 We accept no responsibility or liability for any errors or omissions within the Service or Platform. You accept that in using the Platform, that errors and defects can occur and errors and defects are entirely normal in such systems. We cannot accept any responsibility or liability as a result of error or defect or a behaviour of the system that is not to your expectation.
4.6 All information displayed and shown to you via the platform (including but not exclusive to prices, allergen information, stock levels, opening times etc) are the full responsibility of the Venue and we are not responsible or liable for any information within the platform that you may rely on.
4.7 All questions regarding goods shown on this Platform should be directed to the Venue. Acceptance of your order will only occur when you have received your order and the Venue has been paid by you for the order. If the Venue is unable to fulfil your order you may receive an email/SMS/phone call or other notification stating that your order has been declined or cannot be fulfilled. We are not responsible for the fulfilment, or lack thereof of your order.
4.8 All food preparation and deliveries are the sole responsibility of the restaurant.
4.9 Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address and contact telephone number when ordering.
4.10 It is your responsibility to keep your phone secure. You agree to be responsible for orders and charges made via your phone and/or via your account. Tips paid on orders with a partner restaurant will be shared equally between the partner restaurant staff and Dept Of Digital.
4.11 We are not responsible for the provision of any allergen information in the platform. If you have any allergen or food intolerances, or you are ordering for anyone who has, you must contact directly and speak to the Venue to check and confirm the allergen details of the products you are ordering. The Venue is responsible for providing you this information and if you cannot confirm this information to your satisfaction directly with the Venue, you must not order.
5 CREATING AN ACCOUNT
5.1 You may need to create an account before you place an order. When you do, your data will be accessible by the Venue and in some cases we may be able to access your data for support services in assisting the Venue with their own activities. In this regard the Venue is the Data Controller and we are a Data Processor.
5.2 The platform requests a minimal amount of data about you. You agree not to enter into the Platform any data or information about you, that is Private or Confidential apart from credit card numbers. All other data entered into the Platform such as your name, telephone number and email address, will be treated as non private and non-confidential.
6.1 We are not responsible for the prices available to you on the Service. Prices (and all content on the Service) are the full responsibility of the Venue.
6.2 You agree that the Venue is able to change the Prices at any time, for any reason and all goods are subject to availability.
6.3 Each order you place may include Delivery, Credit Card and or Service Charges which are controlled by the Restaurant and may be added onto your bill.
7 PLACING ORDERS
7.1 Once your order has been placed, this represents an agreement between you, the user and the Venue. The Venue has sole responsibility for this order. If you have chosen to pay with credit or debit card or other electronic payment method then the transaction is processed using the Venue’s Credit Card Processor.
7.2 You agree that our system may make available to the Venue, the Personal Information you enter (such as Email Address, Phone Number and User Name) so they can identify and contact you as required by them.
7.3 If you pay by credit or debit card, you may be required to show the card to the Venue at the time of delivery or collection as proof of identification and so that the Venue can check that the card corresponds with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
7.4 Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the Platform, and you pay for any balance by credit or debit card. Please note that because of standard banking procedures, your bank or card issuer will initially "ring-fence" the full amount of the Order (before any credit or discount) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your Order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance. You acknowledge and agree that neither we nor Dept Of Digital will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
8.1 We will in no circumstances be liable to you for any element of a refund that is requested by your, requested on your behalf, or due to you.
8.2 We are not responsible for processing or initiating any refunds for you.
8.3 If you require a refund you must contact the Venue.
9 INTELLECTUAL PROPERTY
9.1 You may not republish, display, modify, broadcast, print, copy, reproduce, download, transmit or re-use the materials from this Dept Of Digital Platform for anything other than personal, non-commercial use, including in particular any purpose which publicly re-sells or re-uses the materials, without the prior written consent of the copyright holder.
9.2 All copyright, trademarks and other intellectual property rights in this Dept Of Digital Platform and its content (including without limitation the Dept Of Digital Platform design, text, graphics, logos, icons, images and all software, databases and source code connected with the Dept Of Digital Platform) are owned by or licensed to Dept Of Digital or otherwise used by Dept Of Digital as permitted by law.
9.3 Dept Of Digital is a trade mark Dept Of Digital Ltd.
10 WARRANTY DISCLAIMERS
YOU UNDERSTAND AND AGREE THAT THE DEPT OF DIGITAL PLATFORM AND THIS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. DEPT OF DIGITAL MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
NEITHER WE NOR THE VENUE WARRANTS THAT THE DEPT OF DIGITAL PLATFORM IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
DEPT OF DIGITAL MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICES WILL: (A) BE TIMELY, UNINTERRUPTED OR ERROR - FREE; (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, DEPT OF DIGITAL LTD MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY VENUE CONTENT, USER CONTENT, VENUE PRODUCT OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A VENUE ON OR THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND DEPT OF DIGITAL IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND A VENUE OR ANY OTHER THIRD PARTY OF THE FOREGOING.
YOU ALSO UNDERSTAND THAT THE INTERNET AND SYSTEMS THAT MAY STORE YOUR DATA CANNOT GUARANTEE THE SECURITY OF YOUR DATA, YOU SUCH YOU AGREE THAT ANY DATA YOU SEND TO THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM DEPT OF DIGITAL SHALL CREATE ANY WARRANTY ON BEHALF OF DEPT OF DIGITAL. WHILE USING THE DEPT OF DIGITAL PLATFORM.
WITHOUT LIMITING THE FOREGOING, NOTHING IN THIS SECTION SHALL HAVE THE EFFECT OF LIMITING DEPT OF DIGITAL’S LIABILITY IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF ITS ESSENTIAL OBLIGATIONS FOR PROVIDING THE SERVICE UNDER THE AGREEMENTS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE DEPT OF DIGITAL PLATFORM OR SERVICE IS TO UNINSTALL ANY OF OUR OR THE VENUE APPLICATIONS AND TO STOP USING THOSE SERVICES OR APPLICATIONS. YOU AGREE THAT DEPT OF DIGITAL HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO OUR OR VENUE APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE DEPT OF DIGITAL PLATFORM, AND WHILE YOUR RELATIONSHIP WITH SUCH VENUE APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH VENUES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO DEPT OF DIGITAL, FOR ANY PROBLEMS OR DISSATISFACTION WITH OUR OR VENUE SERVICES OR APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH DEPT OF DIGITAL OR VENUE APPLICATIONS.
12.1 NEITHER DEPT OF DIGITAL NOR DEPT OF DIGITAL DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR CONTRACTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOSS OF PROFITS), ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF FORESEEABLE FROM THE USE OR INABILITY TO USE THIS DEPT OF DIGITAL PLATFORM FROM YOUR USE OF THIS DEPT OF DIGITAL PLATFORM (INCLUDING THE USE, INABILITY TO USE, THE RESULTS OF USE, OR A RELATED (DIRECT OR INDIRECT) FOLLOW ON CONSEQUENCE OR COMMUNICATION YOU RECEIVE FOLLOWING YOUR USE) FOR:
12.1.1 ANY LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
12.1.2 LOSS OR CORRUPTION OF DATA, INFORMATION OR SOFTWARE;
12.1.3 LOSS OF BUSINESS OPPORTUNITY;
12.1.4 DAMAGE TO YOUR DEVICES
12.1.5 LOSS OF ANTICIPATED SAVINGS;
12.1.6 LOSS OF DATA, LOSS OF CONTROL OF DATA;
12.1.7 LOSS OF DATA, LOSS OF CONTROL OF DATA;
12.1.8 DISTRESS OR DAMAGES CAUSED THROUGH LOSS OF DATA OR DATA BREACH;
12.1.9 LOSS OF GOODWILL;
OR 12.1.10 ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
12.2 IN ALL CASES THERE WILL BE NO LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE DEPT OF DIGITAL SERVICES OR VENUE APPLICATIONS, OR VENUE CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER DEPT OF DIGITAL HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;
12.3 WE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR THE FOOD, DRINK OR PRODUCT DELIVERED BY VENUES. WE ARE A SOFTWARE AS A SERVICE PROVIDER THAT HELPS VENUES OFFER THEIR OWN TECHNICAL SERVICE TO USERS WISHING TO PLACE ORDERS WITH THEM. WE HOLD NO RESPONSIBILITY FOR ERRORS MADE LEADING TO PERSONAL HARM, INJURY, ALLERGIC REACTIONS, OR DEATH. THE NATURE OF OUR BUSINESS MEANS THAT WE CANNOT BE HELD RESPONSIBLE FOR THE QUALITY OF THE FOOD, DRINK OR PRODUCT OFFERED BY VENUES OR ANY ELEMENT OF THE SERVICE OR ANY CONTENT WITHIN THE SERVICE. THIS IS THE SOLE RESPONSIBILITY OF THE INDIVIDUAL RESTAURANTS OR VENUES AND YOU HAVE SOLE RESPONSIBILITY OF CHECKING ANY INFORMATION WITHIN THE PLATFORM, DIRECTLY WITH THE VENUE THEMSELVES. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR GROSS NEGLIGENCE OR THAT OF OUR AGENTS OR EMPLOYEES.
12.4 NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR OR THE RESTAURANT’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NOTHING IN THESE TERMS AFFECTS YOUR STATUTORY RIGHTS.
12.5 OUR AGGREGATE LIABILITY CAP TO YOU IN RESPECT OF ALL OTHER LOSSES ARISING UNDER OR IN CONNECTION WITH THE PLATFORM OR YOUR USE OF IT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED 100% OF THE FEES WE RECEIVED FROM YOUR LAST 6 MONTHS OF ORDERS OR £50 WHICHEVER IS THE LESSER.
12.6 NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND DEPT OF DIGITAL'S REASONABLE CONTROL.
12.7 THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE
14.1 YOU MUST INDEMNIFY AND HOLD HARMLESS DEPT OF DIGITAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENUES, ADVERTISERS, PARTNERS AND SUPPLIERS AND KEEP THEM INDEMNIFIED AGAINST ALL LOSS, ACTIONS, PROCEEDINGS, COSTS, EXPENSES (INCLUDING LEGAL FEES), CLAIMS AND DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF THIS PLATFORM, ANY (DIRECT OR INDIRECT) FOLLOW ON EVENT THAT OCCURS FOLLOWING ON FROM YOUR ACCESS TO THIS PLATFORM, ANY BREACH OR VIOLATION OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW OR YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
15 LIMITATIONS OF USE
15.1 This Dept Of Digital Platform is intended to be accessed by persons located in the UK and we make no representation that any information, materials or functions included in this Dept Of Digital Platform are appropriate for use in any other jurisdiction.
15.2 By using this Dept Of Digital Platform, 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 profile on the Dept Of Digital Platform.
15.3 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.
15.4 You are not allowed to register multiple memberships or accounts for use by the same person. Violation of this clause may result in termination of your membership.
15.5 You may not use the Dept Of Digital Platform for any unlawful or unauthorised purpose, including without limitation:
15.5.1. transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice.
15.5.2. Interfering with any other persons use or enjoyment of the Dept Of Digital Platform.
15.5.3. Damaging, disabling or impairing the operation of this Dept Of Digital Platform or attempting to gain unauthorised access to this Dept Of Digital Platform or to networks connected to it, through hacking, spoofing or other such similar means.
15.5.4. distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material
15.6 You may not access the services, use the app or website if you are our direct competitor, or an agent of our direct competitor, except with our express prior written consent. In addition, you may not access our services or use the app or website for the purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
15.7 You may not access the Services if by doing so you are required to enter Personal Data that has financial or non financial value, is capable of causing you distress if lost or is in any way Private & Confidential Data. Whilst we take measures to protect your data, no data uploading into any modern internet system can be 100% secure and as such we cannot accept any liability to you for data you enter that has inherent value.
15.8 To use our service you must be over 18 years of age.
16 SUBMISSIONS BY YOU
16.1 We do not solicit nor wish to receive any confidential, proprietary information, creative materials, ideas or suggestions from you other than those we specifically request.
16.1.1 When submitting your personal information for the purposes of creating an account and so that you can be contacted, you agree that you do not regard your personal information to be Private or Confidential Information.
16.2. User Material Policy. You are prohibited from posting, uploading or transmitting to or from the Platform any Material (including any Reviews) that: breaches any applicable local, national or international law; is unlawful or fraudulent; amounts to unauthorised advertising; or contains viruses or any other harmful programs.
16.4 Economic Value of Your Data. You agree that any data you enter into the system (other than your Credit Card Number), does not carry any economic value.
16.6. You represent and warrant that that any Material you post, upload or transmit does not and will not breach any of the restrictions in these terms
16.7 If you do send to us by email or otherwise, any communication or material, you represent and warrant that the information and material is original to you, and you will be deemed to have granted us a perpetual, world-wide, royalty-free license to use such communications or material in any way we see fit and we will be free to use any such material or information contained in communications you send for any purpose whatsoever.
16.8. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website or Place on any other website must not contain any defamatory, obscene or offensive material; promote violence or discrimination; infringe the intellectual property rights of another person; breach any legal duty owed to a third party (such as a duty of confidence); promote illegal activity or invade another's privacy; give the impression that they originate from us; or be used to impersonate another person or to misrepresent your affiliation with another person.
16.9. Removal of Reviews: The prohibited acts listed in this clause are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website or Platform that we determine breaches a prohibition of these terms, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
16.10. Use of Reviews: The Reviews and other Material contained on the Website or Platform are for information purposes only and do not constitute advice from us. Reviews and Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
16.11. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by you or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this clause.
16.12. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 6.2 or 6.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
17 SOCIAL MEDIA AND OTHER THIRD PARTY SERVICES
17.1 For your convenience, the Services may include an interface to social media network (e.g. Facebook, Google+, LinkedIn etc) in order to register more quickly. We are not affiliated with any social media network and are not responsible for the operation or content of their apps, websites or services. We will not post directly to your ‘wall’ or ‘feed’ and we will not contact your 'friends' or those within your network. You do not need to use a social media network to register with us.
17.2 The App, the Web Ordering Tool and the Services may contain links to websites provided by third parties, and we are not responsible for the availability, accuracy or content of third party websites.
18.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
18.2 We reserve the right to contact you at any time via, and not limited to, SMS, push notifications, phone call, email and post for non-marketing purposes. This condition does not affect your statutory rights. We reserve the right to contact you at any time via, and not limited to, SMS, push notifications, phone call, email and post for marketing purposes provided you have consented to such contact.
18.3 You agree and accept that if during an attempted communication to you, your email address is shared with other users, in no way can doing so create you any distress or damage.
19 ALCOHOL AND CIGARETTES
19.1 Although we are not responsible for the Service via this platform, orders containing either alcohol or cigarettes cannot be accepted by the Venue from persons under the age legal age of purchase in their resident country. You agree to not place orders for any items that are not legal for you to purchase.
20 ACCESS TO THE SERVICES
20.1 To access this service you need to be able to receive data over the internet via Wifi or a mobile data connection, using your mobile device or other device you are using the access the Service. It is your responsibility to ensure you make all arrangements and payments necessary for you to access the Services using the App and/or Web App, including internet and network connections, an appropriate Apple or Android mobile device, or internet capable device (e.g Computer, Tablet or Laptop) and any additional software or hardware required. We are not responsible for the availability of the internet or any communications network nor any errors in or damage to connections, equipment or software that may occur in relation to your use of the Mobile App, the Web App, our Platform or Services.
21 ADDITIONAL COSTS
21.1 You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of this Dept Of Digital Platform
2121. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website, Platform and the Service immediately and for our convenience.
22.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website or Platform and uninstall all Dept of Digital or Venue Apps.
21.3 If we terminate your right to link to the Dept Of Digital Platform you must cease linking to the Dept Of Digital Platform immediately.
23 EVENTS OUTSIDE OUR CONTROL
23.1. Dept Of Digital nor the Venue will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control ("Force Majeure Event").
23.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
23.2.1. strikes, lock-outs or other industrial action;
23.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
23.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
23.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; 23.2.5. impossibility of the use of public or private telecommunications networks;
and 23.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
23.3. Our performance under these Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
24 ADDITIONAL TERMS
24.3. Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
24.4. Entire agreement: These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
24.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Platform Terms will not be interpreted as a waiver of your or our rights or remedies.
24.6. Assignment: You may not transfer any of your rights or obligations under these Platform Terms without our prior written consent. We may transfer any of our rights or obligations under these Platform Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
24.7. Headings: The headings in these Platform Terms are included for convenience only and shall not affect their interpretation.
24.8 Class or Group Action Waiver: Where permitted under applicable law, you and DEPT OF DIGITAL agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or claimant or class member or group action member in any purported class or representative action, or opt in or opt out action. Unless both you and Dept Of Digital Agree, no arbitrator or judge may consolidate more than one person’s claim or otherwise over any form of representative, group, opt in, opt out or class proceeding.
25. GOVERNING LAW AND JURISDICTION
25.1 These Website Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these Platform Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.