Mobile App Terms and Conditions
This page sets out the terms and conditions ("Mobile App Terms") on which we, Parkdean Resorts UK Limited ("we" or "our"), provide access to our mobile application through which you may place an order for food and/or drinks (the “Products”) for delivery to your table in any participating venues (“Venues”) or for collection from the Venues (the “Mobile App"). Please read these Mobile App Terms carefully before placing any orders (“Orders”) through the Mobile App.
- 1. Introduction
- 1.1 Parkdean Resorts UK Limited is a company registered in England and Wales with registered company number 05729719, whose registered office is at 2nd Floor One Gosforth Park Way, Gosforth Business Park, Newcastle Upon Tyne, NE12 8ET. Our VAT number is 741848416.
- 2. Access and terms
2.1 By accessing any part of the Mobile App, you indicate that you accept these Mobile App Terms. If you do not accept these Mobile App Terms, you should leave the Mobile App immediately, and you will not be able to order any Products through the Mobile App.
2.2 We may revise these Mobile App Terms at any time. You should check the Mobile App regularly to review the current Mobile App Terms, because they are binding on you. You will be subject to the terms in force at the time you place an Order.
2.3 You are responsible for making all arrangements necessary for you to have access to the Mobile App. You are also responsible for ensuring that all persons who access the Mobile App through your internet connection are aware of these Mobile App Terms and that they comply with them.
2.4 You will need to register your details with us before placing any Order(s).
- 3. Your status
- 3.1 By placing an Order through the Mobile App, you warrant that:
- 3.1.1 you are legally capable of entering into binding contracts with us; and
3.1.2 you are at least 18 years old.
3.2 You acknowledge that it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol in the UK, or for any person to buy, or attempt to buy, alcohol in the UK on behalf of any person who is under the age of 18.
3.3 If your Order includes any alcohol, you will be asked to provide proof of your age on collection or delivery of your Order. If you are unable to provide proof that you are aged 18 or over to the satisfaction of your chosen Venue, or if the Venue reasonably believes that the alcohol you have ordered has been bought by you on behalf of someone under the age of 18, the Venue reserves the right not to serve alcohol to you. In these circumstance, you will not be entitled to any refunds. Please note, we operate a Challenge 25 policy.
3.4 We reserve the right (at our sole discretion) to refuse service to any individual or to make any other decision that is aimed at promoting or adhering to any licensing objectives, including promoting any internal or premises specific polices/procedures.
- 4. How to place an Order
- 4.1 Only select bars and restaurants will be available on the Mobile App and the Products available on the Mobile App may vary to those available at the Venue. The menus available on the Mobile App may change from time to time.
4.2 Once you have selected the Products you wish to order from the menu of your chosen Venue and provided any other required information, you will be given the opportunity to submit your Order.
4.3 If you are ordering for delivery to your table in a Venue, you must only submit your Order once you are seated at your table.
4.4 It is important that you check all the information you enter and correct any errors before placing your Order. This includes, for example, that you have selected the correct Products and Venue.
4.5 Once you have submitted your Order, your payment has been authorised, and your Order has been confirmed on the Mobile App, you will have a contract with us and will not be entitled to change or cancel your Order and, subject to clause 4.7, you will not be entitled to a refund.
4.6 Where any payment you make is not authorised, your Order will not be processed.
4.7 Please note, we reserve the right to cancel Orders at any time because the selected Products are out of stock, we are too busy, due to weather conditions or for any other reason. If your Order is cancelled, any payment made in respect of the Order will be returned to you.
4.8 Any times for delivery to your table and/or collections are estimates only and we do not guarantee that Orders will be delivered to your table or will be available for collection within the estimated times.
- 5. Price and payment
5.1 Prices will be as quoted on the Mobile App. These prices include VAT but may exclude any administration or service charge imposed by the Venue.
5.2 This Mobile App 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 Mobile App, we will normally contact you before the relevant Order is completed. In such an event, we are not under any obligation to provide the Order to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
5.3 Payment for Orders must be made by an accepted credit or debit card through the Mobile App only. We are not able to accept cash payments.
5.4 You may be required to show the payment card to us at the time of delivery to your table or collection as proof of identification and so that we can check that the card corresponds with the receipt data for the Order.
5.5 Once you have submitted an Order and your payment has been authorised, your bank or card issuer will normally "ring-fence" the full amount of your Order. If your Order is subsequently cancelled by us, 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. This may take between 3 to 5 working days (or longer, depending on your bank or card issuer).
- 6. Licence
6.1 You are permitted to use the Mobile App for your own personal non-commercial use on the following basis:
6.1.1 You must not misuse the Mobile App (including by hacking or "scraping").
6.1.2 Unless otherwise stated, the copyright and other intellectual property rights in the Mobile App and in material published on it are owned by us or our licensors.
6.1.3 You are not allowed to use any of the materials on the Mobile App or the Mobile App itself for commercial purposes.
6.2 Any rights not expressly granted in these Mobile App Terms are reserved.
- 7. Availability
7.1 We will not be liable to you if the Mobile App is unavailable at any time or for any period.
7.2 Access to the Mobile App may be suspended temporarily at any time and without notice.
7.3 The transmission of information via the internet is not completely secure. We cannot guarantee the security of your data transmitted to the Mobile App; any transmission is at your own risk.
- 8. Disclaimers and Allergies
8.1 While we try to ensure that information on the Mobile App is correct, we do not promise it is accurate or complete. We may make changes to the material on the Mobile App, or to the functionality, Products, Venues and prices described on it, at any time without notice.
8.2 If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you should always contact the Venue and place your order direct with them rather than through the Mobile App.
- 9. Liability
9.1 Nothing in these Mobile App 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 Mobile App Terms affects your statutory rights.
9.2 Subject to clause 9.1, 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 Mobile App (including the use, inability to use or the results of use of the Mobile App) for:
9.2.1 any loss of profits, sales, business, or revenue;
9.2.2 loss or corruption of data, information or software;
9.2.3 loss of business opportunity;
9.2.4 loss of anticipated savings;
9.2.5 loss of goodwill; or
9.2.6 any indirect or consequential loss.
9.3 Subject to clauses 9.1 and 9.2, our total liability to you in respect of all other losses arising under or in connection with the Mobile App or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances the value of your Order.
9.4 We provide you with access to and use of the Mobile App 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 Mobile App and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Mobile App and your use of it, or be otherwise implied or incorporated into these Mobile App Terms, by statute, common law or otherwise).
9.5 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 Mobile App, 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.
- 10. Termination
10.1 We may terminate or suspend (at our absolute discretion) your right to use the Mobile App immediately by notifying you in writing (including by email) if we believe in our sole discretion that you have breached any terms of these Mobile App Terms.
- 11. Written communications
11.1 When using the Mobile App or ordering Products via the Mobile App, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Mobile App. 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.
- 12. Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Mobile App Terms that is caused by events outside our reasonable control ("Force Majeure Event").
12.2 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:
12.2.1 strikes, lock-outs or other industrial action;
12.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (whether declared or not) or threat or preparation for war;
12.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
12.2.4 impossibility of the use of public or private telecommunications networks; and
12.2.5 the acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under these Mobile App 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 Mobile App Terms may be performed despite the Force Majeure Event.
- 13. General
13.2 If any of these Mobile App 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.
13.3 These Mobile App 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.
13.4 While at a Venue, you must comply with any policies and procedures that are applicable to the Venue. Admission and service at licensed premises are subject to licensing laws and any conditions of the Venue’s premises licence.
13.5 Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Mobile App Terms will not be interpreted as a waiver of your or our rights or remedies.
13.6 You may not transfer any of your rights or obligations under these Mobile App Terms without our prior written consent. We may transfer any of our rights or obligations under these Mobile App Terms without your prior written consent.
13.7 The headings in these Mobile App Terms are included for convenience only and shall not affect their interpretation.
- 14. Governing Law
14.1 These Mobile App Terms shall be governed by and construed in accordance with English law. You can bring legal proceedings in respect of Mobile App Terms in the English courts. If you live in a part of the United Kingdom other than England, you can bring legal proceedings in respect of these Mobile App Terms in either the English courts or the courts of your home country.
14.2 Nothing in these Mobile App Terms, including the paragraph above, affects your statutory rights.