Your attention is particularly drawn to the provisions of clause 5 (Limitation of liability).
1. ABOUT US
Company details. Waffle Limited (company number 10813202) (we and us) is a company registered in England and Wales and our registered office is at 13 Vansittart Estate, Windsor, Berkshire, United Kingdom, SL4 1SE. COMPANY DETAILS
2. THESE TERMS
What these terms cover. These are the terms and conditions on which Waffle Limited (we and us) supply services to you.
The following terms will have the following meanings:
A CODE is the means by which you activate an offer or discount by scanning a Sticker with your mobile phone.
An OFFER is an offer of a discount or other offer relating to the purchase of food and/or non-alcoholic drinks created by a restaurant and uploaded to our website.
An OFFER WINDOW is the time frame (set out in the Offer) during which a Code for an Offer may be presented to a participating restaurant.
Our SERVICES are the services that we offer to you from time to time including informing you of Offers.
A STICKER is a label containing a device that responds to your mobile telephone as a means to accessing a Code via our web site.
4.1 You must be of at least 18 (eighteen) years old to use our Services.
4.2 Our Services are free for you to use.
4.3 You will need a smart phone to use our Services and you may be required to install updates to your smart phone in order to use the Services. We make no guarantee that your smart phone will be able to be used or that it is compatible with the Services or with our web site.
4.4 We will periodically contact you with Offers. Currently this is done via Facebook Messenger. In order to access our Services you will therefore need to have access to Facebook Messenger. However, technology and the means to communicate are constantly changing and therefore we reserve the right to change the way in which we deliver the Services at any time.
4.5 You are able to use the Services to receive Offers.
4.6 In order to activate an Offer you must scan the Sticker at the participating restaurant with your mobile phone. This will direct you to our website and to a Code. You must present the Code to the restaurant within the Offer Window. Although all participating restaurants have agreed to honour the terms of all Offers presented during the relevant Offer Window we cannot be held liable if the restaurant refuses to honour the Offer. If you feel that a restaurant has not complied with the terms of an Offer please contact us.
4.7 The Code must be presented to the restaurant upon arrival and before you order any food or drink. A failure to do this will result in the Offer and the Code becoming invalid.
4.8 The Offers are all time limited. A Code presented outside of an Offer Window will not be honoured.
4.9 A Code is personal to you. You may not transfer, reproduce or sell a Code to any other person.
4.10 You may not obtain, download or use more than one Code for each Offer.
4.11 By presenting a Code to a restaurant you are offering to purchase food or drink from the restaurant on the terms of the relevant Offer. The restaurant is not under a legal obligation to accept your offer.
4.12 Neither an Offer nor a Code has any monetary value. A Code may only be redeemed against an Offer during an Offer Window.
5. WHAT WE CANNOT ACCEPT LIABILITY FOR
5.1 Nothing in the Contract limits or excludes our liability for:
death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
fraud or fraudulent misrepresentation; or
any other liability which cannot be limited or excluded by applicable law.
5.2 Subject to clause 5.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the provision of our Services for:
loss of profits;
loss of sales or business;
loss of agreements or contracts;
loss of use or corruption of software, data or information;
loss of or damage to goodwill; and
any indirect or consequential loss.
5.4 Subject to clause 5.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to £20.
5.5 We cannot guarantee that any restaurant will have room for you and any number of people with you. An Offer or a Code is NOT a booking. We suggest that you phone the restaurant in question and check availability or pre-book a table.
5.6 We cannot guarantee the quality and quantity of food and drink served at any restaurant. Products at any given restaurant may vary from their pictures. The images of the restaurants and their products that you may access are for illustrative purposes only. Your contract for the purchase of food and drink is a contract between you and the participating restaurant.
5.7 We are not liable for any theft, damage to property or food poisoning while at any participating restaurant. If you have a complaint about any aspect of the food, drink or service that you receive then this should be directed to the restaurant.
5.8 This clause 5 will survive termination of the contract between us.
6. Communication with you
You may terminate the contract between us at any time simply by turning off the Facebook Messenger Bot or by contacting us in writing. There is no formal notice period required. We may cease providing or suspend the Services at any time and may terminate our contract with you at any time whether or not you are in breach of the Terms by giving you written notice. For the purpose of this clause “written notice” shall include an electronic communication eg email or Facebook Messenger message.
8. Intellectual property rights
All intellectual property rights in or arising out of or in connection with the Services will be owned by us. You may not use our intellectual property rights other than to access the Services.
9. How we may use your personal information
9.1 We will use any personal information you provide to us to:
(a) provide the Services; and
(b) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
10. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, the Services that is caused by any act or event beyond our reasonable control for example but without limitation a failure of the world wide web; your inability to access our web site for any reason; a hardware or a software failure; power cuts, strikes, wars and acts of God.
We may alter the Terms from time to time, so please check them regularly. We are under no obligation to inform you of any changes unless we intend to start charging you to use the Services.
12. These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.