"Ontapp - Business" is an application on mobile devices designed for events and the wider hospitality industry to be able to sell food, beverages and other relevant goods to customers who download the "Ontapp - Consumer" App. The two apps work together to connect buyer (Customer) and seller (Venue/Event) and collectively can be refered to as the "App". Ontapp does not handle delivery of any goods purchased on the app.
Ontapp is a technology platform, accessed through our Apps and/or our site, that connects customers with businesses (usually within hospitality). It enables a customer to purchase goods from a business who will prepare and deliver the items to the location point the customer has chosen.
The Apps and our site 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.
If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can send this to us by email at email@example.com or by pre-paid post to our address - Front Suite, First Floor, 131 High Street, Teddington, Middlesex, TW11 8HH. We will confirm receipt of this by contacting you in writing, normally by email. If we have to contact you or give you notice in writing, we will do so by email to any email address you provide to us.
Ontapp does not provide any delivery services itself; we simply provide the platform that connects Customers and Businesses and allows them to be introduced. Any contract for the provision of goods is between the Customer and the Business (and not Ontapp) and it is up to the Business to provide and deliver any goods requested through the App or our site.
We may (but are under no obligation to) update the App, our site and/or the content on them from time to time. Any update to the App will be issued through the Appstore and, depending on the update, you may not be able to use the Service on your Mobile Device until you have downloaded the latest version of the App and, if you are requested to do so, accepted any new terms.
The Consumer App is made available free of charge and you may download the App onto any number of Mobile Devices. The Service App is also made available free of charge, however, it's use may incur subscription fees and transaction fees as per agreements made between Businesses and Ontapp.
We make no representations, warranties or guarantees, whether express or implied, that the App, our site or any content on them: (i) will always be available or be uninterrupted; (ii) will be error-free, accurate, complete or up-to-date; or (iii) will be secure or free from bugs or viruses.
Access to the App and our site is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of the App and/or our site without notice. We will not be liable to you if, for any reason, the App or our site is unavailable at any time or for any period.
If you wish to use the App or certain parts of our site, you must sign up using either our form, Facebook or Google Authorizations.
You must not: (i) sign up or register using a Facebook or Google account other than your own; (ii) use someone else’s Facebook or Google account or log-in details to access the App or our site; (iii) Intentionally use false information to create an account (iv) allow any third party to access the App or our site using your Facebook or Google account or log-in details; or (v) create any duplicate accounts. If you know or suspect that anyone other than you is using or accessing the App or our site using your Facebook account, Google account or log-in details, you must promptly notify us at firstname.lastname@example.org.
If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party. If you know or suspect that anyone other than you knows or has obtained your password, you must promptly notify us at email@example.com and change your password.
You are responsible for all acts and omissions of any third parties who use or access the App or our site using your Facebook or Google account or log-in details, whether fraudulently or not, and you agree to reimburse us on demand for any loss we suffer as a result of such use.
Goods purchased by a consumer using the consumer app from a Business using the Service App agree that the contract of sale in relation to such item(s) is made between those two parties only; it is not with us. The Business is responsible for delivering the item(s) to you your requirements, within reason (recognising for example that a hot coffee may have cooled slightly by time of arrival). Ontapp are not responsible for (and make no representations, warranties or guarantees as to) the quality or fitness of items purchases.
Your ability to return any item(s) to the Business will be subject to the Business’s returns policy and you should address any queries relating to the item(s) to the Business.
You agree that you will not buy or sell goods which you are prohibited by law (for example, if you do not meet the minimum age requirement for the purchase or consumption of the relevant item(s)). You further agree that either we or a Business may request evidence of your identity and age (whether at the time you request the goods or at the time of delivery) and that failure to provide such evidence may result in your request being refused or non-delivery of the item(s) you have requested (although you may still be charged for the items(s) if they have already been served).
It is the responsibility of the Business to ensure the true and accurate cost of any items are made clear in the App
Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold and delivered 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. Businesses may refuse to hand over any age restricted product to any person who does not look aged 25 unless they can provide valid photo ID proving that they are aged 18 or over. In such circumstance, you may still be charged for the relevant Items. The identification of customers for the purposes of selling Age restricted products is the sole responsibility of The Business.
When you (the Customer) first make a purchase on the App or our site you will be asked to provide us with credit or debit card payment details to pay for: (i) the cost of any item(s) you have ordered. Our Payment Providers (Stripe or Square) will store your card details for such purpose and you agree that we may undertake authorisation checks on that card.
The total price of your order will be set out on the checkout page on our App, including the prices of Items and applicable Service Fees and taxes.By choosing Apple Pay you agree to the Stripe Terms & Conditions of use, which can be found here.
By entering you credit/debit card information and making payment you agree to the Square Terms & Conditions of use. These can be found here.
The amount a Business will be paid for completing a transaction will comprise of: (i) the actual price (if any) paid by the Consumer for the item(s) (if applicable); (ii) minus any applicable payment transaction fees levied by Ontapp or our 3rd party providers set out in our terms with each Business.
Once you have placed an order as a Customer you are unable to cancel it or make ammendments. However, Businesses may be able to cancel and refund you at their discretion less any costs they may have incurred. Ontapp reserve the right to retain any fees related to the processing of cancelled or refunded transactions.
You acknowledge that you have no right to have access to the App or our site in source code form.
You acknowledge that the App and our site have 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 and our site meet your requirements.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App, our site or any content on them, whether express or implied.
We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
the behaviour, acts or omissions of any Businesses you engage through the App or our site or the quality of the services they provide;
the quality or fitness for purpose of any item(s) purchased from a Business on the App;
the failure by a Business to supply your item(s); or
any loss or damage caused by any bug, virus or other technologically harmful material that may infect your information technology (including your Mobile Device), data or other proprietary material due to your use of the App or our site or your downloading of any content on any website linked to them.
excludes or limits our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by English law; or
is intended to affect your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
not to sell, rent, lease, sub-license, loan, translate, adapt, vary or modify the App or our site;
not to permit the App, our site or any part of them to be combined with, or become incorporated in, any other programs;
not to access without authority, interfere with, damage or disrupt any part of the App or our site, any equipment or network on which the App or our site is stored, any software used in the provision of the App or our site or any equipment or network or software owned or used by any third party;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or our site 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 or our site 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 or our site 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 or our site; and
not to provide or otherwise make available the App or our site in whole or in part (including object and source code) in any form to any person without prior written consent from us.
From time to time we provide promotional credit codes.
We reserve the right to withdraw any provided free credit at our discretion for reasons including, but not limited to: (i) elapsed time since issue of the code; (ii) using codes that were clearly intended for other users; or (iii) systematically obtaining and entering codes for prolonged periods with the intention of not paying for items.
use the app in good faith and fully complete any transactions. You must not attempt to use the app fraudulentlyfor the purposes of making money or receiving free goods or serves. If attempts to use the app fraudulently are detected, Ontapp Ltd reserves the right to immediately suspend access to the app and to cancel any payments;
not use the App or our site to arrange for the collection and delivery of any item that is dangerous and/or illegal;
not use the App or our site to arrange for collection, delivery or to anyway get involved in any of the following activities, goods or services:
comply with any terms of service that apply between you and any Business or Customer you engage through the App and/or our site;
not access the App or our site using another person’s Facebook or Google account or log-in details;
not use the App, our site or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.
If you make use of any feature that allows you to provide comments and/or feedback via the App or our site (for example, when using the App’s ‘Help’ or ‘Contact support’ feature), any such comments and/or feedback must be accurate and must not: be defamatory of any person;
be obscene, offensive, hateful, inflammatory or otherwise objectionable;
promote violence or sexually explicit material;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trade mark of any other person;
be likely to deceive any person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
advocate, promote, assist or enable any illegal or unlawful activities (including, without limitation, copyright infringement or computer misuse) or intend to defraud, swindle or deceive other users of the App or our site;
be threatening, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy another person;
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 that is not the case.
We will not be responsible, or liable to any third party, for the content or accuracy of any comments and/or feedback provided by you via the App or our site. Any such feedback and/or comments will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose the same to third parties for any purpose whatsoever without any liability or payment to, or recognition of, you of any kind. We also have the right to disclose your identity to any third party in respect of whom you provide comments and/or feedback via the App or our site.
You may terminate the legal agreement between us at any time by emailing firstname.lastname@example.org. By doing so we reserve the right to suspend your use of the App.
issue of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
further legal action against you; and
disclosure of such information to law enforcement authorities as we feel is reasonably necessary.
you must immediately delete or remove the App from all Mobile Devices.
The App and/or our site may contain links to websites and resources provided by third parties, including, without limitation, advertisers. We have no control over those websites or resources or their availability and any links to them are provided for your information only. You will need to make your own independent judgement regarding your interaction with any such websites or resources, including the purchase and use of any products or services accessible through them. We are not responsible for, and do not endorse, their content or their privacy policies (if any) and we will not be liable for any loss or damage that may arise from your use of them.
Nothing in the foregoing paragraph will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdiction preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
Last updated: 15/05/2020