Welcome to Ontapp. This page (together with the documents referred to in it) tells you the terms (the “Terms”) which apply when you order any menu items (the "Items") from our ontapp.app website or mobile applications and related services (each referred to as an “Application”).
Please read these Terms carefully before creating an Ontapp account or using our Application. If you have any questions relating to these Terms please contact support@ontapp.app. If you are a consumer, you have certain legal rights when you order Items using our Application. You can find more information about these rights at: https://www.citizensadvice.org.uk/consumer/. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them. By setting up your Ontapp account, you confirm that you accept these Terms.
Our Application and website are operated and owned by Ontapp Ltd. We are a limited company registered in England and Wales under company number 12674131 and have our registered office at Front Suite, First Floor, 131 High Street, Teddington, Middlesex, TW11 8HH. Our Company registration number is 12674131. Our VAT number is 357 0829 79. You may contact us at support@ontapp.app, or by using the instant messaging facility on our Application.
Our objective is to link you to the businesses we partner with ("Businesses") and allow you to order Items for collection within the Business premises (our “Service”). Where you order from a Business, Ontapp acts as an agent on behalf of that Business to conclude your order from our Application and to manage your experience throughout the order process. Once you have placed a Collection or Table Order, you will be required to collect your Items directly from the Business at the location specified in the Application (the “Collection Point").
Before you can place Orders using our Application, you need to open a Ontapp account. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.
You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue with an Order, by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).
Our Businesses each decide their own operating hours. That means that the availability of our Service, and the range of Businesses from which you can order, depends on the Business in your area. If you try to place an Order with a Business when you are not in the that Businesses's premises, or you try to place an Order outside the operating hours of a Business, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.
When you place an Order through our Application, it needs to be accepted by us or the Business before it is confirmed. Your Order may be rejected at any time. Our Businesses may, for example, reject your Order if they are too busy or the Items you have ordered are temporarily unavailable.
We will send you a notification if your Order has been accepted (the "Preparing Notice"). The contract for the supply of any Item you have ordered comes into existence when we send the Preparing Notice. You are responsible for paying for all Items ordered using your account and for complying with these Terms, even if you have ordered the Item for someone else. Some Businesses operate a minimum order value policy. This will be displayed on our Application. All Items are subject to availability.
Businesses may use nuts or other allergens in the preparation of certain Items. Increasing numbers of Businesses will be displaying dish by dish allergens information. Where that information is not available or if you have further questions, please ask a member of staff in the Business prior to ordering if you have an allergy. Ontapp cannot guarantee that any of the Items sold by our Partner Restaurants are free of allergens.
When you place an Order which is accepted by the Business, we will add you to an Order Queue and let you know your place in that Order Queue relative to other orders that Business is also handling. Your position in the queue will advance until you reach first position, in which case your Order is about to be prepared. The queue position is not guaranteed and you may sometimes move backwards in the Order Queue. When notified you must collect your Items from the designated Collection Point you selected in the Application. If you fail to collect your Items within 20 minutes after your Notification to collect, the Business may dispose of your Items. You will still be charged in the event to you fail to collect your Item(s) from the Business.
Some Businesses may use our "Scan & Serve" option for processing Orders. In this circumstance, you will be asked to go directly to your chosen collection point immediately after placing your order. In these circumstances, your Order Item(s) will be prepared once you have arrived at the Collection Point and you show your barcode to a member of the Business staff. If you fail to collect your Items within 20 minutes after being instructed to collect, the Business may dispose of your Items. You will still be charged in the event your fail to collect your Item(s) from the Business.
You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your Order. If you believe that the Items you have picked up do not comply with these legal rights, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will provide a refund or account credit in respect of the affected part of the Item, unless we have reasonable cause to believe that the problem was caused after pick-up.
Prior to processing your refund or account credit, we may take into account relevant factors including the details of the Order, your account history, what happened on or immediately after collection and information from the Business.
Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold to persons aged 18 or over. By placing an Order for an age restricted product, you confirm that you are at least 18 years old. Ontapp operates an age verification policy whereby customers who order age restricted products will be asked by the Business to provide proof that they are aged 18 or over. Businesses may refuse to sell any age restricted product to any person unless they can provide valid photo ID proving that they are aged 18 or over. Businesses may also refuse to sell alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. If the sale of any age restricted product is refused, and the Business confirms to Ontapp that the relevant Item was not provided to you, Ontapp will process a refund for the relevant Item to the card from which you paid for your Order.
You may cancel an Order without charge at any time before the Business has started preparing the Order (when you receive a "Preparing Order" notification). If you wish to cancel an Order before it starts to be made up, please press cancel via our Application and we will refund your payment. If you cancel any Order after it becomes a Preparing Order, you will be charged the full price for the Items.
Ontapp and the Business may notify you that an Order has been cancelled at any time. You will not be charged for any Orders cancelled by us or the Business, and we will reimburse you for any payment already made using the same method you used to pay for your Order.
Prices include VAT. You confirm that you are using our Service for personal, non-commercial use unless you request a VAT invoice. Ontapp may operate dynamic pricing some of the time, which means that prices of Items may change while you are browsing. Prices can also change at any time at the discretion of the Business from which you are ordering. Busineses reserve the right to charge an Order Fee, which may be subject to change, for the provision of their Services. You will be notified of any applicable Order Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed Orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any Orders in process and appearing within your basket, provided you complete and place the Order within 2 hours of creating the basket. If you do not conclude the Order before the 2 hour cut-off, the items will be removed from your basket automatically and the price change will apply if you re-add the relevant items to your basket. If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the Order at the original price or cancelling the Order without charge and with a full refund of any money already paid.
The total price of your Order will be set out on the checkout page on our Application, including the prices of Items and applicable Order Fees and taxes.
We are authorised by Businesses on Ontapp to accept payment on their behalf and payment of the price of any Items to us will fulfil your obligation to pay the price to the Business from which you ordered. Payment for all Items can be made on our Application by credit or debit card, or such other payment method made available by Ontapp. Once your Order has been confirmed, your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to Ontapp acting as agent on behalf of the Business only. Payment may also be made by using promotional codes or account credit. Use of these is subject to Ontapp's Promotional Code and Account Credit Terms.
We are authorised by Businesses using Ontapp to issue refunds on their behalf when disputes or chargebacks occur. Where a Business or Ontapp agrees a refund is required we will refund the amount to the original purchasing credit or debit card. Ontapp accepts the cost liabilities associated with processing refunds and chargebacks. Ontapp reserves the right to recover these charges from the refunding Business.
You are not required to make any further payments when you pick-up your Order from the relevant Business In the unlikely event that a Business requests additional payments from you on collection, do not make any such payment and contact us immediately through the Application. We have no liability for any payments you make to a Business when collecting your Order.
Businesses on Ontapp will sometimes make special offers available through our Application. These are visible when you look at a Business's menu. These offers are at the discretion of the individual business. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the Processing Order Notice.
Once you’ve received your order, you may receive a notification giving you the chance to pay a tip to your serving staff. Ontapp will collect payment on behalf of the Business, as their limited payment collection agent, and payment of the tips shall be considered a direct payment from you to the Business. Each Business will have their own tipping policy so it your tip may be shared amongst their team members. Please ask staff at the Business you are in to find out more. Tips are non-refundable and do not form part of your order. Depending on the payment method used for your original order, your tip may show up on your bank/credit card statement as a separate payment.
We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaking these Terms or of failing to use reasonable care and skill in relation to your use of our Service. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage arising from our breach of these Terms before you place an order.
We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by our failure, or our employees’, agents’ or subcontractors’ failure, to use reasonable care and skill; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Items, as summarised at part 7 above; or for defective Items under the Consumer Protection Act 1987. Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in our Applications.
We process your personal data in accordance with our Privacy Policy which can be found here.
If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waive their right to enforce it in any instance. If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.
We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will notify you. Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice. These Terms are governed by English law and you can bring legal proceedings in relation to our Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Items in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Items in either the Northern Irish or the English courts. We are required by EU law to provide this link to the EU’s online dispute resolution portal, however we do not participate in dispute resolution under this process.
ontapp.app is a website operated by Ontapp Ltd ("we", "us" or "Ontapp"),registered in England and Wales under company number 12674131 and have our registered office at Front Suite, First Floor, 131 High Street, Teddington, Middlesex, TW11 8HH. Our Company registration number is 12674131. Our VAT number is 357 0829 79.. Ontapp is a business where food, drink and merchandise is prepared by independent venues (our "Businesses") and delivered by them to your table or chosen collection point.
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. 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 support@ontapp.app straight away to let us know. We can deactivate your account at any time.
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.
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.
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:
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:
The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
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.
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.
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.
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.
We collect certain data about you as a result of you using our Service. This is described in more detail in our privacy policy.
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.
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.
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.
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.
If you have any concerns about material which appears on our Service, please contact support@ontapp.app
Ontapp makes available from time to time: (i) Promotional codes (which are promotional discounts that may be offered by us or by Businesses on Ontapp on our Site) and (ii) Account Credit (which is credit that may be applied to a customer’s account at Ontapp's discretion). Promotional codes and Account Credits both operate as credits applying to a customer’s Ontapp account, redeemable (subject to conditions, as set out below) against the cost of Items. Promotional Codes and Account Credits are referred to collectively in these terms (the Credit Terms) as Credits.
These Credit Terms apply to your use of any Credits to pay for Items using the Ontapp Service. These Credit Terms apply together with the Ontapp Terms and Conditions of Service, which continue to apply unless they conflict with these Credit Terms, in which case these Credit Terms have priority. Capitalised words used in these Credit Terms have the same meanings as in our Terms of Service unless they are defined in these Credit Terms.
You can “apply” a promotional code to your account by entering the promo code (if any) at the point you place an order. Unless otherwise stated, a promotional code that has been applied to your account will remain there until it is “redeemed” against an eligible order, or expires (whichever is sooner). Account Credits are Credits that we apply to your account ourselves. In either case, once any Credit has been applied to your account, the amount of the Credit remains on your account until redeemed as payment for Items, unless it is lost, or, in the case of Promotional Codes, it expires in accordance with the terms of that Promotional Code. The reasons why Credits may be lost or Promotional Codes may expire are set out in these Credit Terms.
Promotional Codes offered in a particular country and currency may be subject to geographical restrictions that mean they cannot be used in a different country or currency. Promotional Codes are usually offered subject to conditions, such as time limits, geographic limits, limits to particular categories of customer (e.g. new customers), or use only at a particular Business or for a particular menu item. If conditions apply they will be stated when we offer the Promotional Code.
Some Promotional Codes are only available to new Ontapp customers ("New Customer Promotional Codes"). That means that the Promotional Code is applied (subject to any other applicable conditions) automatically when the Customer registers a new Ontapp account and will be redeemed when the Customer places their first eligible order. Ontapp reserves the right to refuse to apply and/or allow you to redeem a new customer Promotional Code if you are registering a new account using credit card details or a delivery name and address already on our system.
Use of a Promotional Code in payment or part-payment may also be subject to specific conditions applicable to that Promotional Code only, such as a specific minimum order value or that the Promotional Code may only be redeemed at specific Business or on specific Items. If the order placed does not comply with the applicable conditions, the Credit may not be redeemed against that order. The payment page on our Site where you confirm your order for Items will show the total order value and the applicable Promotional Code, if any. If there is a Promotional Code credit on your account which does not apply to your order, it will not appear on the payment page. At that point you will have the choice of paying in another way or cancelling the order.
Unless we tell you otherwise, all Promotional Codes must be redeemed within one calendar month of the date they are applied.
Only one Promotional Code can be redeemed per order. Some Promotional Codes can be used more than once per customer. If conditions apply they will be stated when we offer the Promotional Code. If you have more than one eligible Promotional Code applied to your account when you place an order, the Promotional Codes are redeemed in order of expiry date, with the Promotional Code expiring the earliest redeemed first.
Promotional Codes cannot be redeemed in conjunction with any other Ontapp offer.
If you cancel an order made using a Promotional Code, the Promotional Code credit will not be restored to the account and the Promotional Code cannot be re-used. If the Promotional Code was a New Customer Promotional Code, you will no longer be a new customer and will not be eligible for any subsequent new customer Promotional Codes.
Item orders are generally subject to minimum order values, which continue to apply regardless of whether payment or part-payment is by way of a Credit.
Credits cannot be exchanged for cash or any other alternatives and have no monetary value.
Any attempt to manipulate our Site and our offers of Credits by use of bulk entry via third parties or syndicates, macros, ‘script’, ‘brute force’, masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter), will render the order and the relevant Credit invalid. Deliveroo is entitled to take all reasonable steps to protect itself against fraudulent or invalid Credit redemptions, including requiring additional reasonable verification close the accounts of any customers it reasonably believes have carried out any such acts.