Terms & Conditions

Last updated 23 November 2022

IMPORTANT LEGAL NOTICE

This page (together with our Cookie Policy, Terms of Use and Privacy Policy) sets out the terms and conditions ("Website Terms") on which we, Yoello Limited ("we", "us", "our" or "Yoello"), provide access to our website yoello.com and any Yoello mobile application through which you order products and/or vouchers (defined in 5.1.2) and make or receive payments (“Payment Services”) (together, "the Website"). Please read these Website Terms carefully before signing up to receive payments (the “Payee”), making a payment (the “Payer”) or placing any order for Products and/or Vouchers from our partner Merchants (defined in 5.1.1) (“Orders”) through the Website. By using our Payment Services or placing Orders through the Website (whether now or in the future), you agree to be bound by these Website Terms. Any other use of the Website (without using our Payment Services or placing Orders) is also subject to these Website Terms.

We reserve the right to change these Website Terms from time to time by changing them on this page in terms of condition 2.3 below. We advise you to print or save a copy of these Website Terms. These Website Terms are only available in the English language. You can obtain a copy of the current Website Terms from our website at any time.

Use of your personal information submitted via the Website is governed by our Customer Privacy Policy and Cookies Policy.

For the avoidance of doubt, please note that references to "Website" in these Website Terms include any current or future version of our website yoello.com and any Yoello web application or mobile application through which you access and use our Website, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing and using our Website that may be developed from time to time).

By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any products through the Website, or use our Payment Services.

Our Website is made available to customers free of charge. We do not guarantee that any of our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability on all or part of our Website for business and operational reasons.

TERMS AND CONDITIONS OF USE AND SALE

1. ABOUT US

1.1.

Company details: Yoello Limited is a company registered in England and Wales with registered company number 09845469, whose registered and head office is at 10th Floor, Brunel House, 2 Fitzalan Road, Cardiff, Wales, CF24 0EB.

1.2.

VAT number: Our VAT number is 295670655.

1.3.

Regulator: Yoello is authorised and regulated by the Financial Conduct Authority (FCA Reference Number 913784) to carry out payment services activities under the Payment Services Regulations 2017 as an Authorised Payment Institution.

2. WEBSITE ACCESS AND TERMS

2.1.

Website access: You may access some areas of the Website without making an Order or payment or registering your details with us. Most areas of the Website are open to everyone.

2.2.

Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products (defined in 5.1.1) through the Website or use of our Payment Services.

2.3.

Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us or make or receive a payment.

2.4.

Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.

3. LICENCE

3.1.

Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website only for your own personal non-commercial use, and you shall agree to abide by the terms and conditions of the Website Terms of Use at all times. The Terms of Use shall apply to your use of the Website, as if set out herein.

3.2.

Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with this condition 3 is prohibited.

3.3.

You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 3.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.

3.4.

You must ensure that our status as the author of the material on the Website is always acknowledged.

3.5.

You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.

3.6.

Limitation on use: Except as stated in this condition 3, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.

3.7.

Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.

4. WEBSITE ACCESS

4.1.

Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period. We cannot therefore guarantee that a Voucher will be capable of being exhibited through the Website at all times and recommend that you print any Voucher.

4.2.

Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.

4.3.

Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

4.4.

Account details: 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 information as confidential. 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 reasonable opinion you have failed to comply with any of the provisions of these Website Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via the Website immediately.

4.5.

Viruses: We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website site via a denial-of-service attack or a distributed denial-of service attack. 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 cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website shall cease immediately.

5. ORDERING TERMS

These terms apply to customers when using our application to Order goods, products and/or services for consumption at, collection from or delivery by Merchants (defined below) displayed on the Website.
‍

5.1.

OUR ROLE

5.1.1.

Product Orders: We provide a way for you to communicate your Orders for goods, products and/or services (including takeaways) ("Products") for consumption at, collection from, or delivery by restaurants, bars, clubs, cafes, entertainment venues and sport stadiums ("Merchants") displayed on the Website. The legal contract for the supply and purchase of Products is between you and the Merchant that you place your Order with and we will conclude the sale of Products on behalf of, and agent for, the Merchants in all cases.

5.1.2.

Voucher Orders: Where you use the Website to communicate Orders for vouchers for goods, products, services (including takeaways) (“Vouchers”) that may be exchanged with a Merchant at a future date prior to the date the voucher expires (“Voucher Expiry Date”), the legal contract for the supply and exchange of Vouchers in return for goods, products and/or services (including takeaways) is between you and the Merchant that you place your Order with and we will conclude the sale of Vouchers on behalf of, and as agent for, the Merchant in all cases.

5.2. YOUR STATUS

5.2.1.

Capacity and age: By placing an Order through the Website, you warrant that:

5.1.1.

You are legally capable of entering into binding contracts with the Merchant; and

5.1.2.

You are legally entitled to purchase the Products the subject of the Order.

5.2.2.

You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the Merchant directly to check that the food is suitable for you, before placing your Order directly with them.

5.2.3.

Alcohol, cigarettes and other smoking products:

5.2.3.1.

You acknowledge and agree that: it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol, or for any person to buy, or attempt to buy, alcohol, tobacco or other smoking products on behalf of any person who is under the age of 18;

3.3.2.

If your Order includes any alcohol, cigarettes or other smoking products, you may be asked to provide proof of your age on collection or service of your Order or when you exchange your Voucher.

5.2.4.

Refusal of service

5.2.4.1.

You acknowledge and agree that an Order you have placed for a Product or Voucher through the Website may not be served and you will be not entitled to a refund if:

5.2.4.1.1.

You fail to adhere to a reasonable request from a Merchant which is aimed at promoting or adhering to their licensing objectives, including promoting any internal or venue-specific policies/procedures.

5.2.4.1.2.

You are refused alcohol by a Merchant because you are intoxicated or they believe you are purchasing it on behalf of someone who is intoxicated.

5.2.4.1.3.

You are unable to provide proof that you are legally entitled to purchase the Products or Voucher to the satisfaction of your Merchant, or if the Merchant reasonably believes that such Products or Voucher you have ordered have been bought by you on behalf of someone not legally entitled to do so directly.

5.2.5.

Vouchers

5..5.1.

You acknowledge and agree that when you place an Order for a Voucher through the Website the contract for the supply of goods or services described in a Voucher is between you and the Merchant. Accordingly we do not guarantee or warrant that the Voucher may be validly exchanged for products.

5.2.5.2.

We do not guarantee or warrant that the Voucher may be validly exchanged If the Merchant ceases trading prior to redemption of the Voucher. You will not be entitled to a refund and will not receive the goods or services to which you were entitled;

5.2.5.3.

You are responsible for providing the Merchant with a copy of your Voucher in electronic form using the Website, and allowing them to view the Voucher on your mobile device.

5.2.5.4.

You are responsible for ensuring that you redeem the Voucher with the Merchant before the Voucher Expiry Date.

5.2.5.5.

If you fail to redeem the Voucher by the Voucher Expiry Date you will not be able to redeem it, will not be able to exchange it for a Product or another Voucher and you will not be entitled to a refund.

5.2.5.6.

If the Merchant is unable to provide the Product described in the Voucher they will make their best endeavours to provide you with an acceptable alternative and you will use your best endeavours to accept this alternative. If the Merchant is unable to provide you with an acceptable alternative you may ask them to provide you with a refund equivalent to the remaining value of the Voucher. If the Merchant agrees, this will be refunded to you directly by the Merchant.

5.2.5.7.

Clause 5.2.4 (Refusal of Service) shall also apply at the time you exchange a Voucher with a Merchant.

5.3. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED

5.3.1.

Compiling your Order: Once you have selected the Products or Vouchers you wish to order from the menu of your chosen Merchant and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", “confirm”, "place my order" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a contract with the Merchant and errors cannot be corrected (subject to paragraph 5.3.2 below).

5.3.2.

Amending or cancelling your Order: Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund unless the Merchant agrees to do so or has rejected your Order and the terms of clause 5.3.4 apply.

5.3.3.

Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Merchant.

5.3.4.

Processing your Order and Merchant rejections: On receipt of your Order, we will send it to the relevant Merchant and will notify you that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and / or any Order confirmation that you receive, each confirms that you have a contract for the sale of Products with a Merchant but does not necessarily mean that your Order will be fulfilled by the Merchant. We encourage all our Merchants to accept all Orders and to communicate any rejection promptly, and we will notify you as soon as reasonably practicable if a Merchant rejects your Order. However, Merchants have the ability to reject Orders at any time because they are too busy or for any other reason. In doing so, Merchants will be in breach of their agreement with you and any payment made in respect of the Order will be returned to you in accordance with paragraph 5.4.5 and 5.4.6 below.

5.3.5.

Serving of your Order: Estimated times for service, collections or delivery are provided by the Merchants and are estimates only. Time shall not be of the essence. Neither we nor the Merchants guarantee that Orders will be served or will be delivered or available for collection within the estimated times.

5.4. PRICE AND PAYMENT

5.4.1.

VAT: Prices will be as quoted on the Website, including VAT or other local sales tax. The VAT or other local sales tax applicable to your Order will be shown separately on the Order page of the Website.

5.4.2.

Incorrect pricing: This Website contains a large number of menus and it is possible that some of the menus may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website, neither we nor the relevant Merchant is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.

5.4.3.

Payment methods: Payment for Orders must be made through the Website when you place your Order. See section 6 for our full Payment Terms.

5.4.3.

Proof of payment: You may be required to show proof of payment to the Merchant at the time of service, collection or delivery or when you redeem a Voucher as proof of identification and so that they can check that the payment corresponds with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.

5.4.3.

Rejected Orders (card payments): Because of standard banking procedures, once you have submitted an Order and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by the Merchant (as described in paragraph 5.3.4 above) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Merchant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

5.4.3.

Rejected Orders (open banking payments (as defined in clause 6.3): Once you have placed an order and paid for it using open banking your Provider will transfer the money to the Merchant’s bank account. This payment cannot be reversed. If your order is rejected by the Merchant they will refund you the amount paid, either by bank transfer or cash.

6. PAYMENT TERMS (When you are the Payer)

These terms apply to customers when using our application to make payments under our Payment Services.
‍

6.1.

OUR ROLE

6.1.1.

Making payments: We provide a way for customers (Payers) to make payments to Merchants and other businesses via card or open banking transactions. We also allow Payers to make payments to Payee’s personal accounts (“Personal Account Holders”) via open banking transactions.

6.2.

MAKING A PAYMENT

6.2.1.

If placing an Order in accordance with our Ordering Terms set out in clause 5, payment will need to be made before the Order can be accepted by the Merchant.

6.2.2.

If making a payment without placing an Order, you will receive a payment request from the Payee via a link shared with you or by scanning a QR code.

6.2.3.

It is your responsibility to check the legitimacy of the payment request. Always make sure you know the person you are making a payment to. If someone asks you to make a payment, or sends you a payment request, but you are not sure who they are or what the payment is for, you may be a victim of a scam and we may not be able to recover the money for you.

6.2.4.

The payment request will confirm the Payee’s details and (if populated by the Payee) the amount. If the amount is to be chosen by you, you will be asked to confirm the amount to be paid.

6.2.5.

Payment methods: Payment must be made by an accepted credit or debit card or by an open banking payment (defined below) via your bank. If making a payment to a Personal Account Holder, payment must be made by open banking.

6.3.

OPEN BANKING PAYMENTS

An Open Banking Payment is direct transfer from the Payer’s bank account to the Payee’s bank account, initiated via the Yoello application (“Open Banking Payment”)

6.3.1.

The open banking payment process is as follows:

6.3.1.1

We will provide you with confirmation of the payment instruction, including amount and Payee.

6.3.1.2

You will select your banking provider and confirm that you wish to continue with the transaction. By confirming that you wish to continue, you are confirming that the amount and Payee are correct and providing us with consent to transfer you securely to your banking provider’s app or online banking platform with details of the payment to be initiated.

6.3.1.3

You will be securely transferred to your banking provider’s app or online banking platform together with details of the payment to be initiated, including amount and Payee.

6.3.1.4

Your banking provider will ask you to follow its usual customer authentication procedures in order to execute the transaction.

6.3.1.5

You will be securely transferred back to the Yoello App where you will receive confirmation of whether or not the payment was successful. Note: You will not be able to change or cancel your instruction via the Yoello App. If you wish to do so you will need to contact your banking provider.

6.3.1.6

When we relay each instruction, we act on your behalf (in legal terms, we act as your "agent"), with your explicit consent, and not on behalf of any banking provider. Your banking provider is responsible to you for executing all payment instructions. Your banking provider is required to ensure that the amount of the payment transaction is credited to the Payee’s account by the end of the business day following your consent. We can't control your banking provider's acceptance or execution time of each instruction, and we don't have access to the money that is processed during the transaction. We are responsible under the law for accurately relaying to your banking providers, instructions submitted to them through the Yoello App.

6.3.2.

We may not be able to initiate payments on all bank / payment accounts, and there may be value or transaction type limits on the payments that can be initiated. There may also be cases where we need to review or delay relaying an instruction for system or compliance reasons. We will usually inform you when this happens if we are permitted to do so by law.

6.3.3.

We don't charge you for initiating any payment through the Yoello App. Your banking provider may charge you for some payments in line with your agreement with them – you remain responsible for these charges.

6.3.4.

If you think that a payment initiated through the Yoello App may have been incorrect, unauthorised, or not properly executed (perhaps due to delay or other error), then you need to:

6.3.4.1

6.3.4.2

contact your relevant banking provider so that it can investigate and correct any error for you. If a refund needs to be applied to your account then your banking provider will manage this for you – the law says that we are not able to do this.

6.3.5.

Please do this as soon as you become aware of an issue (and no later than 13 months after the date for the payment as you can lose your right to have it corrected by your banking provider after that time).

6.4.

WHEN YOU ARE MAKING A PAYMENT TO CHARITY

6.4.1.

In the event you make a donation where you consent to add gift aid on to the value of your donation, we will process your details in accordance with our Privacy Policy.

6.4.2.

When you provide your consent in accordance with 6.4.1, you agree that you are a UK tax payer and understand that if you pay less income tax/capital gains tax than the amount of gift aid claimed on the donation in the relevant tax year, you are responsible to pay any difference.

7. PAYMENT TERMS (When you are a Payee)

These terms apply to customers when using our application to receive payments under our Payment Services.

7.1.

OUR ROLE

7.1.1.

Payment receipts: We provide a way for Personal Account Holders (Payees) to issue payment requests to individuals and to receive those payments directly to their bank account via open banking transactions.

7.2.

RECEIPT OF PAYMENTS

7.2.1.

As a Personal Account Holder, you will need to set up the bank account/(s) that you want payments to be made into, providing both your account number and sort code. It is your responsibility to ensure that the details provided are accurate as they are the details that will be included on the Payer’s payment instruction. When issuing a payment request, you should ensure that the account to which you want payment made is correctly selected.

7.2.2.

In order to share a payment request, you will need the Payer’s email address or mobile telephone number. It is your responsibility to ensure the accuracy of these details.

7.2.3.

A payment request can be sent with or without a specified amount. If you do not specify the amount, the Payer will be asked to choose the amount to be paid. We may apply a maximum payment limit on payments requested and paid which may be changed from time to time.

7.2.4.

Payment will be made directly to the bank account that you have selected via an open banking transaction. You will receive confirmation once an authorised payment has been made.

7.2.5.

Your banking provider is responsible to you for ensuring that the amount of the payment transaction is credited to your account by the end of the business day following the Payer’s consent. We can't control your banking provider's execution time of each instruction, and we don't have access to the money that is processed during the transaction. We are responsible under the law for accurately relaying to the Payer’s banking providers, instructions submitted to them through the Yoello App.

7.2.6.

We may not be able to initiate payments on all accounts held by the Payer, and there may be value or transaction type limits on the payments that can be initiated by them. In these cases, the Payer may not be able to use the Yoello App to make payment. There may also be cases where we need to review or delay relaying an instruction for system or compliance reasons. We will usually inform the Payer when this happens if we are permitted to do so by law.

7.2.7.

We don't charge you for receiving any payment through the Yoello App. Your banking provider may charge you for some payment receipts in line with your agreement with them – you remain responsible for these charges.

7.2.8.

Please act reasonably and responsibly when using your Yoello account to issue payment requests. You must not use your Yoello account for illegal purposes (for example, committing fraud).

8. CUSTOMER CARE

6.1.

Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order or payment, you should speak with the Merchant’s staff at the venue where you placed your Order. If the Merchant is unable to resolve your problem you can contact us via the website, providing us with all relevant transaction details (to include Merchant name, date and time of transaction, items ordered, payment amount and payment method) and one of our customer care advisers will attempt to contact the Merchant in order to follow up on your query.

6.2.

Complaints or feedback: In the event that you are dissatisfied with the quality of any Products, the redemption of your Voucher or the service provided by a Merchant, please consider providing feedback in the form of ratings, comments and reviews on the Website (together, "Reviews") to reflect your experience. The Reviews are an important part of our quality control process. If you have cause to complain about the service provided by Yoello, you should contact us at support@yoello.com. Should your complaint be related to an open banking payment, if you remain unhappy following our response to your complaint, you may be entitled to escalate your complaint to the Financial Ombudsman Service (FOS). Further information is available at www.financial-ombudsman.org.uk.

6.3.

Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Merchant and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Merchant directly to lodge your complaint and, where appropriate, follow the Merchant's own complaint procedures. The legal contract for the supply and purchase of Products is between you and the Merchant that you place your Order with. We have no control over Merchants and the quality of the Products or service that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Merchant.

9. VISITOR MATERIAL AND REVIEWS

9.1.

General:

9.1.1.

Other than personally identifiable information, which is covered under our Privacy Policy, any material you post, upload or transmit to the Website (including without limitation Reviews) is considered to be “Visitor Material”, and will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non- commercial purposes.

9.1.2.

You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions covered under the Terms of Use.

9.2.

Removal of Reviews: If any of the Reviews or Visitor Material breaches any term of the Website Terms or Terms of Use, we reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine entirely in our discretion breaches a prohibition provided under the Website Terms or Terms of Use, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.

9.3.

Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.

9.4.

Images: Any images of food, beverages or other items displayed on the Website are provided as a design feature of the Website only and may not be either (a) an image of Product prepared or produced by the Merchant from which you choose to order; or (b) representative of the Product you receive from a Merchant.

9.5.

Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Merchant or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.

9.6.

Disclosure to authorities and courts: You acknowledge that we will fully cooperate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of this clause 9 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.

10. LINKS TO AND FROM OTHER WEBSITES

10.1.

Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

10.2.

Linking permission: You may link to the Website's homepage (www.yoello.com), provided that:

10.2.1.

you do so in a fair and legal way which does not damage or take advantage of our reputation;

10.2.2.

you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;

10.2.3.

any website from which you link must comply with the content standards set out in these Website Terms (in particular clause 9);

10.2.4.

we have the right to withdraw linking permission at any time and for any reason.

11. DISCLAIMERS

11.1.

Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the functionality, products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.

11.2.

Allergy, dietary and other menu information: When a Merchant signs up with us, they have to provide us with up-to-date menu information. We then include this on their dedicated page on the Website. Where this information includes allergy or other dietary information, we will do our best to republish this information on the Website exactly as it appears on the Merchant's menu but it is your responsibility to check the position directly with the Merchant.

If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you should always ask the Merchant directly before placing your Order. Please do not use the "comments" box for your food allergies or intolerances, please contact the Merchant directly.

11.3.

Merchant actions and omissions: The legal contract for the supply and purchase of Products and/or Vouchers Is between you and the Merchant that you place your Order with. We have no control over the actions or omissions of any Merchants. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:

11.3.1.

We do not give any undertaking that the Products, Vouchers or Products exchanged for Vouchers, ordered from any Merchant through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.

11.3.2.

Estimated times for service, collections and delivery are provided by the Merchants and are only estimates. Neither we nor the Merchants guarantee that Orders will be served or will be available for collection or delivery within the estimated times.

11.3.3.

We encourage all our Merchants to accept all Orders and to communicate any rejection promptly, and we will notify you as soon as reasonably practicable if a Merchant rejects your Order. However, we do not guarantee that Merchants will accept and fulfil all Orders, and Merchants have the discretion to reject Orders at any time because they are too busy, if you fail to provide proof of age for purchases of alcohol, cigarettes or other smoking products when required, or for any other reason.

11.3.4.

The foregoing disclaimers do not affect your statutory rights against any Merchant.

11.4.

Exclusion of terms: We provide you with access to and use of the Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise ).

12. LIABILITY

12.1.

General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.

12.2.

Exclusion of liability: Subject to condition 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:

12.2.1.

any loss of profits, sales, business, or revenue;

12.2.2.

loss or corruption of data, information or software;

12.2.3.

loss of business opportunity;

12.2.4.

loss of anticipated savings;

12.2.5.

loss of goodwill; or

12.2.6.

any indirect or consequential loss.

12.3.

Limitation of liability: Subject to conditions 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or payment value or £100, whichever is lower.

12.4.

Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

13. TERMINATION

13.1.

Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that:

13.1.1

you have used the Website in breach of clause 3;

13.1.2

you have issued payment requests in breach of clause 7.2.8;

13.1.3.

you have posted Reviews or other Visitor Material in breach of clause 9;

13.1.4.

you have breached clause 10.2; or

13.2.5.

you have breached any other material terms of these Website Terms.

13.2.

Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.

14. WRITTEN COMMUNICATIONS

14.1.

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products or using our Payment Services via the Website, you accept that communication with us will be mainly electronic. We will contact you, in English, by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15. EVENTS OUTSIDE OUR CONTROL

15.1.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").

15.2.

A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

15.2.1.

strikes, lock-outs or other industrial action;

15.2.2.

civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, (whether declared or not) or threat or preparation for war;

15.2.3.

fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster;

15.2.4.

impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

15.2.5.

impossibility of the use of public or private telecommunications networks; and

15.2.6.

the acts, decrees, legislation, regulations or restrictions of any government.

15.2.7.

the default of a third party supplier.

15.3.

Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.

16. ADDITIONAL TERMS

16.1.

Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy.

16.2.

Other terms: You should also review our Cookies Policy for information regarding how and why we use cookies to improve the quality of the Website and your use of it, our Terms of Use and our Competitions Terms and Conditions for information regarding the terms applicable to competitions that we may run from time to time. All of these are incorporated into these Website Terms by this reference.

16.3.

Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16.4.

Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

16.5.

No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.

16.6.

Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

16.7.

Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.

17. GOVERNING LAW AND JURISDICTION

17.1.

These Website Terms shall be governed by and construed in accordance with English and Welsh law. Disputes or claims arising in connection with these Website Terms (including non- contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Terms & Conditions

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