(LAST UPDATED ON JUNE 2021)
By using our website, or by using the website shop, you are agreeing to these terms which include the privacy notice referred to in clause 12 and the limitations on Fox & Co’s liability in clause 10.
These terms form a legal agreement (the “Agreement“) between you and Fox & Co Caters Ltd, a company registered in Scotland with company number SC635616 (“Fox & Co Caterers Ltd“, “we” or “us“). Please print a copy of these terms for your record and future reference.
If you do not agree to them or are unable to comply with them, you should not use the website.
1 Our Service
- 1.1 Our Web Ordering Tool aims to facilitate the ordering of and payment for goods and services from a provider (the “Fox & Co Caterers Ltd). Paymentsense process all payments for the Fox & Co Caterers Ltd. These terms apply between you and Paymentsense.
- 1.2 For the purposes of this Agreement, “Services” means the services provided by Paymentsense as set out in clause 1.1 and the content which you may access through the Web Ordering Tool.
- 1.3 Paymentsense is not responsible for the delivery or quality of the services at the Venue or the amount of the bill, and Paymentsense cannot process any refunds. You should discuss any such issues directly with the Venue.
PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING OR USING OUR WEBSITE.
- 3.1 In order to pay for your goods and/or services using the Web Ordering Tool, you will need to provide payment card details. You must have appropriate authority to use the payment card which you use for payment.
- 3.3 Fox & Co does not store any of your payment card details on its systems.
- 3.4 Payment transactions are between you and the Fox & Co Caterers Ltd. Whilst the Services facilitate the payment procedure, Paymentsense does not receive your payment, store your payment card details and is not responsible for subsequent use of your card or payment details.
3 Extent of the Services
3.1 Our Services are provided for your convenience and are not intended to be relied upon by you. Whilst we use reasonable efforts to provide effective Services, we cannot always guarantee availability of the Services nor the accuracy or appropriateness of information. You should make your own checks on the accuracy of your order and the amount you are paying.
4 Access to the Services
Access to the Services relies on you being able to receive data over the internet via Wi-Fi or a mobile data connection, using your mobile device to use the Web Ordering Tool. Whilst we do not make charges for your use of the Web Ordering Tool, you are responsible for making all arrangements and payments necessary for you to access the Services using Web Ordering Tool, including internet and network connections, an appropriate iPhone or Android mobile device, 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 App, the Web Ordering Tool or Services.
5 Limitations of liability
- 5.1 Nothing in this Agreement shall exclude or limit our liability for fraud, fraudulent misrepresentation, death, or personal injury caused by our negligence or other liability which cannot be lawfully excluded or limited.
- 5.2 Except as may be expressly set out in this Agreement, all conditions, representations, and warranties relating to the App, the Web Ordering Tool and the Services are excluded to the maximum extent permitted by law.
- 5.3 We shall not be liable for any defects or errors in the Web Ordering Tool or the Services, nor interruptions in or unavailability of the Services, nor any breach of any obligations due to a cause beyond our reasonable control.
- 5.4 We shall not be liable for:
5.4.1 any loss, damage or distress arising from reliance on information or reliance on availability of services; or
5.4.2 any indirect, consequential, or economic loss, damage, or distress (including any such loss, damage or distress arising from unauthorised use of or damage to your data or content), which you suffer in relation to this Agreement, or your use of the Web Ordering Tool or the Services.
- 5.5 As the Web Ordering Tool and Services are provided free of charge, you agree the exclusions and limitations of liability set out in this Agreement are reasonable.
- 5.6 Without prejudice to the exclusions and other limitations on our liability (including clause 10.4) or clause 5.1, Paymentsense total liability to you:
- 5.6.1 In respect of any failure in the Services provided under the Web Ordering Tool for a transaction is limited to the amount paid by you using site for that transaction; and
- 6.1 We may make changes to the Services, this Agreement, or the terms on which you may use the Web Ordering Tool or the Services at any time at our absolute discretion. Depending upon the changes we may require you to read and accept a new agreement for you to continue to use the Web Ordering Tool and the Services.
- 6.2 If reasonably requested by us from time to time (by means of a notice within the Services, on our website, within the relevant application store or otherwise), the Web Ordering Tool will fall within the definitions of “site” and “Web Ordering Tool” under this Agreement.
7 Privacy notice
- 7.1 You agree to our use of your personal data as set out in our privacy notice.
- 7.2 Please note that we may collate data: relating to your use of the App, the Web Ordering Tool, and the Services at the Venue.
- 7.3 Subject to obtaining your consent, we and or the Venue may also use information we collect to send to you marketing communications through push notifications or email.
- 7.4 If you have any concerns in relation to the way we are using your personal data or wish to change your preferences regarding marketing communications, please contact us at firstname.lastname@example.org
- 8.1 All provisions of this Agreement which by their nature are intended to continue shall survive termination, including terms relating to exclusions and limitations of liability, intellectual property restrictions and on-going use of your data.
- 8.2 Termination of this Agreement or the Services shall not affect accrued rights and liabilities of you or us up to the date of termination.
- 8.3 No provision of this Agreement is intended to be enforceable by any person other than you and us.
- 8.4 We may, without your consent, sub-contract provision of the App, the Web Ordering Tool and the Services or sub-license our rights under this Agreement or our third-party service providers.
- 8.5 We may, without your consent, assign or transfer any or all our rights and obligations under this Agreement to any successor in title of all or part of the Web Ordering Tool, the Services, or intellectual property or other rights or obligations subsisting in relation to the same.
- 8.6 Failure or delay by us to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
- 8.7 The terms of this Agreement constitute the entire agreement between you and us with respect to the subject matter and supersede all prior agreements, negotiations and discussions relating to the same.
- 8.8 If any provision of this Agreement is found by any court or legal authority to be invalid, unenforceable, or illegal, the other provisions shall remain in force and, to the extent possible, the provision shall be modified to ensure it is valid, enforceable, and legal, whilst maintaining or giving effect to its commercial intention.
- 8.9 This Agreement is governed by the laws of Scotland, and the courts of Scotland shall have jurisdiction to hear any disputes arising in connection with it.