1.1 The definitions in this clause apply to these Terms:
"Contract" the contract for the sale and purchase of Goods between you and the Restaurant entered into in accordance with clause 9.
"Goods" any items advertised for sale by a Restaurant via the App and/or Our Site.
"Order" an offer made by you to purchase Goods from a Restaurant made via the App and/or Our Site.
"Payment Account" the account containing your credit or debit card details, that you have registered with us and from which payment in respect of an Order is to be taken.
"Restaurant" the establishment that offers its Goods for sale via the App and/or Our Site.
"Terms" the terms and conditions set out in this document. "We/us/ours" Orogo Limited, a limited liability company registered in England and Wales under company number 8214903 with our registered office at Masters House, 107 Hammersmith Road, London W14 0QH.
"Writing or Written" includes e-mail and electronic messaging but does not include faxes.
1.2 Headings do not affect the interpretation of these Terms.
2 Accessing Our Site
2.1 Access to the App and/or Our Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the App and/or Our Site without notice (see below). We will not be liable if for any reason the App and/or Our Site is unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some parts of the App and/or Our Site, or the entirety of the App and/or Our Site, to users who have registered with us.
2.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such code, password or information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
2.4 You are responsible for making all arrangements necessary for you to have access to the App and/or Our Site. You are also responsible for ensuring that all persons who access the App and/or Our Site through your internet connection are aware of these Terms, and that they comply with them.
2.5 You are responsible for the security of your password that you used to register with the App and our Site and for proper securing of your phone displaying the App. Unless we negligently discloses your password to a third party, we will not be liable for any unauthorised transaction entered into using your name and password.
3 Intellectual Property
3.1 We are the owner or the licensee of all intellectual property rights in the App and Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2 You may only print off one copy, and may download extracts, of any page(s) from the App and/or Our Site for your personal reference and, if applicable, you may draw the attention of others within your organisation to material posted on the App and/or Our Site.
3.3 Save as referred to in clause 3.2. you must not use any copies of any materials you have printed off or downloaded in any way and must not use any illustrations, photographs, video or audio sequences or any graphics.
3.4 Our status (and that of any identified contributors) as the authors of material on the App and/or Our Site must always be acknowledged.
3.5 You must not use any part of the materials on the App and/or Our Site for commercial purposes without obtaining a license to do so from us or our licensors.
3.6 If you print off, copy or download any part of the App and/or Our Site in breach of these Terms, your right to use the App and/or Our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4 Reliance on Information Posted
4.1 Commentary and other materials posted on the App and/or Our Site are not intended to amount to advice on which reliance should be placed. While we try to ensure that information on the App is correct, we do not promise it is accurate or complete. Restaurants are primarily responsible for the information on the App. The material on the App may be out of date, and we make no commitment to update that material. In particular, we do not promise that the information provided by the Restaurants and displayed on the App such as the menus, pricing and estimated times for collections is correct or up to date.
4.2 In inputting the menu information on behalf of the Restaurant, we try to copy accurately the item names, descriptions, prices, heat and allergenic warnings and other information (Menu Information) from the menus that are provided to us by Restaurants. However, it is the Restaurants that are responsible for providing this Menu Information and ensuring that it is factually accurate. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Restaurant directly before ordering.
4.3 We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to or user of the App and/or Our Site, or by anyone who may be informed of any of its contents.
5 The App and Our Site Change Regularly
5.1 We aim to update the App and/or Our Site regularly, and may change the content at any time. If the need arises, we may suspend access to the App and/or Our Site, or close it indefinitely and/or we may make changes to the material on the App and/our Site or to the services and prices described in it, at any time without notice.
6 Our Liability
6.1 The material displayed on the App and/or Our Site is provided without any guarantees, representations, conditions or warranties as to its accuracy or completeness. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
6.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
6.1.2 Subject to clause 7.3, any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the App and/or Our Site or in connection with the use, inability to use, or results of the use of the App and/or Our Site, any websites linked to it and any materials posted on it, including, without limitation:
188.8.131.52 loss of income or revenue;
184.108.40.206 loss of business;
220.127.116.11 loss of profits or contracts;
18.104.22.168 loss of anticipated savings;
22.214.171.124 loss of data;
126.96.36.199 loss of goodwill; and
188.8.131.52 wasted management or office time;
184.108.40.206 whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
6.2 We are acting as an agent of the Restaurants and are therefore not liable to you in respect of the quality of the Goods supplied to you by a Restaurant or the quality of a Restaurant's services, as the Restaurants are directly liable to you in these respects. However, if you have any concerns regarding any of the Restaurants, please contact us at firstname.lastname@example.org
6.3 Nothing in this clause 6 seeks to limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
6.4 Subject to clause 6.3 you agree to indemnify us from and against all damages, losses, costs, claims, demands, expenses and liabilities caused by the Restaurant in respect of the Contract.
7 Information About You and Your Visits to Our Site
8 Placing an Order
8.1 Placing an Order constitutes an offer by you to the Restaurant to enter into a binding contract with the Restaurant for the sale of the Goods comprised in the Order on the basis of these Terms, which Order the Restaurant is free to accept or reject in whole or in part at their absolute discretion.
8.2 Once you have selected your order from the menu of your chosen Restaurant you will be given the opportunity to submit your Order by clicking on the "Checkout" or similar button. Please note it is important that you check the information that you enter and correct any errors before clicking on this button since once you click on this input errors cannot be corrected and will be your responsibility.
8.3 On receipt of your Order, the Restaurant will begin processing your Order and you will be sent the following notifications: (1) an in-App receipt that will serve as confirmation that the Order has been received and payment has been authorised. The notification will also include details of your Order, its likely collection time and a unique alphanumeric code to identify your Order at the Restaurant; and (2) a notification when the Order has been sent to the kitchen by the Restaurant, to allow you to anticipate any potential delays This notification will mean your payment is now final, with funds charged to your Payment Account.
8.4 Where any payment you make is not authorised your Order will not be sent to the Restaurant. You will not receive any of the above mentioned notifications as a result.
8.5 Please note that once you have placed your Order and your payment has been authorised you will not be able to change or cancel your Order nor will you be entitled to a refund if you do not take delivery of your Order.
8.6 It is your responsibility to take delivery of the Order at the Restaurant's location when the Order is ready. Should you not collect the Order within a reasonable period of time from when it is ready for collection, the Restaurant will have full discretion (and without any requirement on the Restaurant or us to notify you) as to what to do with the uncollected Order (e.g. disposal, re-sell, etc.).
9 Price and payment
9.1 Prices for Goods will be as quoted on the App. These prices include VAT (unless otherwise indicated).
9.2 The App contains several menus and it is always possible that some of the menus may be incorrectly priced. If the correct price for an Order is higher than the price stated on the App, we are under no obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
9.3 In the event that you have a complaint about the quality of food or service provided by the Restaurants on the App then any complaint should be made to and any refunds should be sought directly from the Restaurant. We are not able to deal with complaints with or to provide refunds on behalf of the Restaurants and we are not liable for any refunds sought.
9.4 Payment for all Orders must be by credit or debit card as stated on and in accordance with the procedures for use on the App.
10 Viruses, Hacking and Other Offences
10.1 You must not misuse the App and/or Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App and/or Our Site, the server on which Our Site is stored or any server, computer or database connected to the App and/or Our Site. You must not attack the App and/or Our Site via a denial-of-service attack or a distributed denial-of service attack.
10.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App and/or Our Site will cease immediately.
10.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the App and/or Our Site or to your downloading of any material posted on it, or on any website linked to it.
11 Using the App
11.1 The App is licensed and not sold to you and is for your use only in accordance with these Terms. We reserve all rights not expressly granted to you.
11.2 This license granted by us to you for the use by you of the App is limited to a non-transferable license to use the App on any smartphone or tablet that you own or control. This license does not allow you to use the App on any smartphone or tablet that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.
11.3 These Terms will apply to any upgrades provided by us that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will apply.
11.4 In using the App, you will not:
11.4.1 rent, lease, lend, sell, redistribute or sublicense the App; or
11.4.2 attempt to copy, duplicate, modify, create derivative works from or distribute all or any part of the App except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties; or
11.4.3 attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the App, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties; or
11.4.4 access all or any part of the App in order to build a product or service which competes with the App; or
11.4.5 attempt to obtain, or assist third parties in obtaining, access to the App, other than as provided under this clause 11. Any attempt to do any of the above is a violation of this licence. If you breach any of the terms of this licence, you may be subject to prosecution and damages.
11.5 You will use reasonable endeavours to prevent any unauthorised access to, or use of, the App and notify us promptly of any such authorised access or use.
11.6 Where the App has been downloaded onto an Apple, Inc. devise, the terms of Apple, Inc's "Licensed Application End User Licence Agreement" as in force at the date of downloading the App (the "Apple EULA") are expressly incorporated into these Terms except where inconsistent with these Terms. In the event of any inconsistency between these Terms and the Apple EULA, the provisions of these Terms shall prevail. In particular clause 14 of these Terms will prevail over sub-clause (i) of the Apple EULA, which is specifically excluded.
12 Linking to Our Site
12.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
12.2 You must not establish a link from any website that is not owned by you.
12.3 Our site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice.
12.4 If you wish to make any use of material on Our Site other than that set out above, please address your request to email@example.com
13 Linking from Our Site
13.1 Where the App and/or 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.
14 Uploading Material to the App and/or Our Site
14.1 Any material you upload to the App and/or Our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the App and/or Our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
14.2 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the App and/or Our Site.
14.3 We have the right to remove any material or posting you make on the App and/or Our Site.
15 Jurisdiction and Applicable Law
15.1 These Terms 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.
15.2 The English courts will have exclusive jurisdiction over any claim arising from, or related to, these Terms, any Order, the use of the App and/or a visit to Our Site.
16 Trade Marks
16.1 "Orogo" is a trade mark or trade name of Orogo Limited and all rights are reserved in relation to that mark or name.
17.1 We may revise these Terms 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 made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the App and/or Our Site.
18.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
18.2 No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
18.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999 save for the Restaurants.
18.4 Where an event beyond our control occurs (a Force Majeure Event) which gives rise to a failure or delay in our or a Restaurant's performance, any obligations will be suspended for the duration of the Force Majeure Event.
19 Your Concerns
19.1 If you have any concerns about material which appears on the App and/or Our Site, please contact firstname.lastname@example.org