Terms of Use

These Terms of Use (“Terms”) govern your use of our website www.mylocale.co.uk, its associated mobile applications or other affiliated digital products offered by us, both in their current form and any future versions (together the “Apps”), your use of the platform for ordering food, drinks and other goods which is offered through the Apps (the “Service”) and your relationship with Local E Rewards Limited (“we”, “us” or “Local E”). Please read these Terms carefully as they affect your rights and liabilities under the law.

If you do not agree to these Terms, please do not use the Service, access the Apps or register as a user - otherwise you will be treated as having agreed to these Terms.

Please also see our Privacy Notice for information about how we collect and use your personal data.

1.Introduction

1.1 The Apps provide access to an online product ordering service, available to the public for personal use, which provides its registered users with the ability to place an order (“Order”) for food, drinks and other goods or products (“Products”) from providers who are listed on the Apps (“Providers”).

1.2 These Terms will apply to registered users and to those who simply view the Apps without registration(“you”).

1.3 By accessing and using the Apps and the Service, you agree to be bound by these Terms in full.

1.4 You are responsible for ensuring that all persons who access the Apps or the Service through your mobile device or internet connection are aware of these Terms, and that they comply with them.

1.5 By using the Apps and indicating acceptance of these Terms, you are representing that you are at least 16 years of age and that you understand and agree to be bound by these Terms.

1.6 If you are accepting these Terms on behalf of an enterprise, organisation or business then you agree and accept that these Terms will be binding on all personnel who use the Service of the Apps on behalf of that enterprise, organisation or business.

1.7 Please note that these Terms may be amended from time to time. Notification of any changes will be made by us posting new terms onto the Apps as necessary. In continuing to use the Service you confirm that you accept the then current Terms in full at the time you use the Service. If you do not accept Terms which we have varied then you must cancel your registration and cease using the Service. If you continue to use the Service without notifying us of your objections you will be deemed to have accepted the varied Terms.

2.Registration

2.1 In order to use the Service, you must register for an account (“Account”) on the Apps with your username and email address, which must also be verified. [Users can also register with the Service and login in to the Apps via Facebook or Twitter, which will also act as verification of a user’s details]

2.2 When you register as a user we will ask for some of your personal information, including payment information. Any personal information you provide to us will be handled in accordance with our Privacy Notice, which can be viewed here.

2.3 If you register to use the Apps as a user you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting [email protected] and change your password immediately.

2.4 Alternatively you can gain authorised access to your Account by first logging into another service that we partner with, such as Facebook or Twitter. In order to prevent fraud, you must keep all passwords and other access details for these third party services confidential and must not disclose them or share them with anyone. If you suspect anyone has access to any of your third party services that we link to, you should notify us by contacting [email protected].

2.5 You agree that all information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you.

2.6 You may receive messages from us via notifications on the Apps, emails and/or SMS. You will be able to control the ability to receive these messages from your Account settings.

2.7 Users may delete their Account at any time. We reserve the right the cancel your registration for an Account at any time for any reason.

3.Placing an Order through the Service

3.1 Users who have not registered for an Account are able to search for Providers and view Products but will not be able to place an Order.

3.2 If you have registered for an Account you are able to select Products for either collection from the Provider or delivery by the Provider to your chosen address. We are not responsible for ensuring that Products listed on the Apps are described or priced accurately, and such descriptions and prices are subject to change.

3.3 When you confirm that you wish to place an Order your payment details will need to be authorised. When your payment details have been authorised the details of your Order will be sent to the Provider.

3.4 When the Provider accepts your Order we will send you a confirmation email on the Provider’s behalf and at that point a contract is created between you and the Provider for provision of the ordered Products (we act as an agent on behalf of our Providers).

4.Cancellation

4.1 If you wish to cancel your Order after you receive the confirmation email then you must communicate this request to the Provider [or to Local E via the Apps]. We provide no guarantee that your cancellation will be accepted or that a refund of cash or eCoins used to place your Order will be given. If the Provider has already started preparing your Order then your request for a cancellation will not be accepted.

4.2 If an Order is delivered to the address you provided when placing your Order and you have not collected the Order from that location within 10 minutes of the Order’s arrival then you will not be entitled to a refund if you do not receive the Order.

5.Ordered Products

5.1 If you have an allergy to a certain substance then you must contact the Provider in question directly before placing your Order if your Order contains food or drink products. We are not responsible for checking the allergen information of the Products offered by our Providers.

5.2 If you order any Products which contain alcohol then you must be 18 years old or over and must be able to present a valid proof of age ID document either on collection or when accepting delivery of your Order.

6.Collecting and spending eCoins

6.1 When you place an Order you may collect credits (“eCoins”) which can be used to purchase, or contribute towards, future Orders. Not all Products available via the Service will allow you to collect eCoins.

6.2 When you place an order, eCoins collected count as an issuance of a multi-purpose voucher by Local E Rewards. eCoins can only be redeemed subject to the availability of Providers and at the discretion of Local E Rewards Ltd.

6.3 eCoins which are earned for a review are issued at the time an order is accepted. These eCoins cannot be spent until a review of the restaurant is completed. If no restaurant review is completed within three days the eCoins will be declared expired.

6.4 Details of how the eCoins you earn for an Order will be calculated will be published on the Apps and Website and will be accessible to you before you submit an Order. We reserve the right to amend the value of eCoins collected at any time.

6.5 The total number of eCoins you have collected and their expiry date can be viewed by checking your Account details. eCoins earned for ordering food will expire at the end of the calendar year after the next calendar year and cannot be used towards future Orders. For the avoidance of doubt if you earn eCoins on the 21 December 2019, the eCoins will expire at the end of 31st December 2021.

6.6 Except as may be authorised at our sole discretion or as provided for under these Terms, eCoins are not transferable in any form or in any way and are not redeemable for cash, and any purported transfer or other disposition of your eCoins will be invalid and such action will be a breach of these Terms.

7.Acceptable Use Policy

7.1 Please note that the Service and the information provided on the Apps is strictly for general information purposes only and should not be taken as advice on which you can rely. No liability is accepted for any loss or damage which may result from such reliance.

7.2 You must not use the Service or the Apps for any illegal, unethical or immoral purposes. We reserve the right to remove any Account at our discretion at any time, without giving reasons if we suspect that an Account is being operated in breach of these Terms.

7.3 We grant you a limited licence to access and make personal use of the Apps and the Service, but not to modify the Apps or any software which we use to operate the Service, or any portion of it, except with our express written consent.

8.Content

8.1 The Service allows for certain users to create content to be distributed by the Service, for instance users may post reviews about Providers and share these with other users. Any content which is distributed by the Service or which you integrate with the Service (for instance by placing a hyperlink to our Apps within your own content), which we refer to as “Content” in these Terms, must comply with our content standards, which are set out below:

8.2 You agree that any Content which will be integrated with the Service or distributed by the Service will be your own creation or will be Content which you are entitled to use and will not be used in breach of any intellectual property rights.

8.3 Any Content will be your personal responsibility. You will be personally liable for all claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your Content.

8.4 You agree to indemnify us in relation to any liability we may suffer as a result of any claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your Content.

8.5 You agree that you will not publish any offensive, inaccurate, misleading, defamatory, fraudulent or illegal Content, which:

8.6 By creating or integrating your Content with the Service you agree that we will be entitled to use such Content for the purposes of delivering or marketing the Service. We reserve the right to investigate and remove any Content at any time and for any reason.

9.Viruses, hacking and other offences

9.1 You agree not to upload any files or post, distribute or publish any files on the Apps or while using the Service that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another's computer and electronic device.

9.2 We will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Apps or the Service or to your downloading of any material posted on it, or on any website linked to it.

10.Availability

10.1 Although we aim to offer you the best service possible, we make no promise that our Service will meet your requirements. We cannot guarantee that the Service will be fault-free or that information contained on the Apps will be kept up to date. All Products listed on the Apps are subject to availability from our Providers.

10.2 If a fault occurs with the Apps or the Service you should report it to [email protected] and we will attempt to correct the fault as soon as we reasonably can.

10.3 Your access to the Service may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services or because we are unable to offer the Service for reasons beyond our control (such as a denial of service attack). In this event we will attempt to restore the Service as soon as we reasonably can. Access to the Apps may be restricted whether or not you have registered with us. Any such restrictions or interruptions shall not constitute a breach by us of these Terms.

10.4 Whilst our Apps make use of third-party services or third-party websites, we cannot guarantee the availability of any such third party services or websites.

11. Our Liability

11.1 We will operate the Apps and the Service with the reasonable skill and care of an online service provider. The services provided do not extend to detailed monitoring or supervision of Content or user registrations with the Apps.

11.2 Our liability is limited to the fullest extent permitted by law.

11.3 We will not be liable for unavailability of the Service or the Apps, or unavailability of any third-party services or websites which we may use.

11.4 We are not responsible for the quality of any Products supplied by our Providers and we provide no guarantee, representation or warranty that Orders will be provided in a timely manner.

11.5 The Service may allow its users to distribute Content and use the Service without detailed oversight or monitoring. While we put systems in place to allow for users and other third parties to report harassment, improper use of the Service and distribution of offensive, inaccurate, misleading, defamatory, fraudulent or illegal Content, we do not make any warranties or guarantees in relation to use of the Service and the Apps.

11.6 We will not be liable for any a) business loss; b) financial loss; c) economic loss; d) consequential loss; e) loss of data; f) lost profit; f) loss of bargain or opportunity or f) indirect loss arising as a result of your use of the Service even if such loss is incurred or suffered as a result of our negligence or otherwise.

11.7 We will not be liable for any breach of the Data Protection Act 2018, the General Data Protection Regulation or any other applicable legislation relating to the protection of personal data in the event that you disclose personally identifiable information relating to any third party.

11.8 Nothing in these Terms will limit our liability for fraud or for death or personal injury caused as a result of our negligence.

11.9 In the event that you have a dispute with any other user of our Service arising from their use of the Service, you agree to pursue such claim or action independently of us, and you release us from all claims, liability and damages arising from any such dispute.

12.Cancellation and Termination of Account

12.1 If you wish to cancel your Account you can do so by emailing us at [email protected]. On receipt of a communication from you to us cancelling your registration, we will delete your Account. We reserve the right to delete any data you have published on the Apps through your use of the Service (e.g. reviews of Providers). Please note that any such data may continue to be accessible in search engine caches or on other sites and we cannot agree to delete such content.

12.2 We reserve the right to terminate your Account immediately without notice if in our opinion you have breached these Terms. In the event of termination, we will delete your Account and you will no longer have access to the Service.

13.Data Security and Privacy

13.1 We request that all personal information that you provide is accurate, current and complete.

13.2 Any information that you provide to us in using the Apps and the Service (for instance on your Account log-in details and payment details), including sensitive and personal information, will be held and processed by us in accordance with our Privacy Policy, which can be found here. Your rights concerning your personal data and how we process it are contained within our Privacy Policy.

13.3 You are responsible for ensuring that any other person has given the appropriate consents if you upload their personal information in your use of the Service.

13.4 All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these Terms, you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.

13.5 If we have reason to believe that there is likely to be a breach of security or misuse of the Service or the Apps through your Account or the use of your password, we may notify you by email and require you to change your passwords on our system and with your other suppliers, or we may suspend your Account until you have done so. Until you have changed all your passwords, or we have reactivated your Account you will not be able to access the Service.

14.Other Sites and Services

The Apps include links to other websites, services or materials which are beyond our control. We are not responsible for content or services outside the Service.

15.Intellectual Property and App Licence

15.1 If you have downloaded a copy of our Apps, then subject to your agreement to these Terms we hereby grant a non-exclusive, non-transferable licence to download a copy of the Apps to such devices as are personally used by you and to use the Apps for your personal purposes. You may also take back-up copies of the Apps for personal use. We reserve the right to terminate this licence if you are in breach of these Terms. You may not transfer this licence.

15.2 By providing Content for distribution by the Service you expressly grant us a royalty-free, perpetual, irrevocable licence to use such Content in order to deliver the Service to you.

15.3 The format and content of the Apps (including but not limited to the Service layout, codes, systems and logic of organisation) is protected by United Kingdom and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Apps.

15.4 You may not use, copy, modify or transfer the Apps or any materials or documents we have supplied to you except as expressly set out in these terms. You may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Apps, except as expressly permitted by law.

15.5 The Apps and Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Apps without our express written consent.

15.6 You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited e-mail or for any other use.

15.7 We reserve all rights to the name ‘Local E’ and any other trading style used in connection with the Service.

16.Notice and Take-Down

16.1 We will make all reasonable efforts to delete Accounts which are being used in breach of our Terms and to identify and remove Content that is defamatory or infringing on intellectual property rights when we are notified but we cannot be responsible if you have failed to provide the relevant information.

16.2 In the event that you believe that an Account is being used in an inappropriate manner or that any Content which is distributed using the Service is defamatory or infringing on intellectual property rights you should notify us in writing either by email to [email protected] including the following:

• Your full name and contact details, including postal address, telephone number and e-mail address;
• The location where the defamatory or infringing content appears;
• The content that you believe is defamatory or infringing on intellectual property rights;
• The reasons that you believe the content is defamatory or infringing on intellectual property rights;
• A statement confirming that you are authorised to act on behalf of the claimant or rights holders; and
• A signed declaration truth in respect of the information in the notice.

16.3 Any statement made under this clause may be used in court proceedings.

17.International Use

You shall comply with all foreign and local laws and regulations which apply to your use of our Apps in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.

18.General

18.1 These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

18.2 If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.

18.3 We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.