Terms & End-User License Agreement

1. Who we are and what this agreement does

1.1 We are Round App Limited (Reg No 11311433) of 37 2nd & 3rd Floor, Ship Street, Brighton, East Sussex, England, BN1 1AB (We, us or our). Welcome to our agreement for the “Round” mobile application (Application or App).
1.2 Please read these licence terms carefully. By clicking on the “accept” button, or continuing to use the Application, you (and anyone you authorise to use the Application) agree to these terms, which will be binding on you and them. If you do not agree, please do not click “accept” or continue to use the Application.
1.3 We license you to use, as permitted in these terms:
1.3.1 the Application (including the data supplied with the Application, and any updates, patches or supplements to it);
1.3.2 any of the services accessible through the App (Services).

2. Your privacy

We only use any personal data we collect through your use of the App in the ways set out in our privacy policy: https://round.app/privacy

3. Apple iTunes App Store or the Google Play store’s terms also apply

3.1 The ways in which you can use the App, Documentation and Services may also be controlled by the Apple iTunes App Store (Apple devices) or the Google Play store (Android devices) end-user licence agreements (the EULAs) as set out at:
3.1.1 http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/ (Apple devices); or
3.1.2 https://play.google.com/intl/en_uk/about/play-terms.html (Android devices)
3.2 To the extent that there is any conflict between these terms and the terms of the Apple iTunes App Store or the Google Play store, these terms will apply.
3.3 The App is available in the UK only.

4. Operating system requirements

The App requires an IOS or Android device with a minimum memory for the app to function.
Additional requirements
In order to utilise the App and/or its Services:
4.1 you must have a suitable payment card to process orders;
4.2 you acknowledge that admission and service at licensed premises are subject to licensing laws; and
4.3 you acknowledge that the staff at any licensed premises have the right to refuse to serve you if they wish. We are not responsible for any such refusal and will have no liability to you.

5. Payment, refunds and cancellations

5.1 You acknowledge that by clicking [“Payment”] in the App, you submit a binding, non-refundable order for the food and drink items specified in the App.
5.2 On submitting your order, your payment card will be processed by third party payment provider Adyen (www.adyen.com), who will, in turn, transfer your funds to the Venue.
5.3 If there has been an issue with your order, please contact help@round.app with your order number and state your issue – we will get back to you within 48 hours. If the issue requires immediate attention, please speak to a member of staff within the venue.
5.4 To the extent that you have any complaints about service or payment, or consider that you are entitled to a refund, please direct these to the venue.
5.5 All food and drink items and/or offers are subject to the availability of the venue where you are using the App.

6. Support for the App and how to tell us about problems

Support
6.1 If you want to learn more about the App or the Services or have any problems using them please take a look at our support resources – www.ROUND.services
Contacting us (including with complaints)
6.2 If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email help@round.app
How we will communicate with you
6.3 If we have to contact you we will do so by email, using the contact details you have provided to us.

7. How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:
7.1 download a copy of the App onto your device and view, use and display the App on such devices for your personal purposes only.
7.2 provided you comply with the licence restrictions set out in paragraph 17, make up to 1 copies of the for back-up purposes; and
7.3 receive and use any free supplementary Application code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

8 Age Restrictions

8.1 You must be at least 18 years old to accept these terms and this free to download App.
8.2 If you are purchasing alcoholic drinks, you must be over 18 and able to provide valid ID on request.
8.3 If you are buying alcoholic or age-restricted products for any other party, they must also be over 18 and able to produce valid ID on request.
8.4 Admission and service at licensed premises are subject to licensing laws.
8.5 The purchase of items at a venue does not guarantee admission to the venue. The venue will be entitled to refuse any order and/or to refund any amounts paid if it considers necessary to comply with applicable law or licence requirements for the venue concerned.

9. You may not transfer the App to someone else

We are giving you and personally the right to use the App and the Services. You may not otherwise transfer the App or the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

10. Changes to these terms

10.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
10.2 We will give you, where possible, at least [30] days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the Application.
10.3 If you do not accept the notified changes you may not continue to use the App.

11. Update to the App

11.1 From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
11.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
11.3 The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.

12. If someone else owns the phone or device you are using

If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

13. We may collect technical data about your device

By using the App and any of the Services, you agree to us collecting and using technical information about the devices you use the App on, related software, hardware and peripherals to improve our products and provide any services to you.

14. We may collect location data (but you can turn location services off)

The App will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. [If you use these services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
You may stop us collecting such data at any time by turning off the location services settings, but functionality will be reduced if you do.

15. We are not responsible for other websites you link to

15.1 The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
15.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

16. Licence restrictions

You agree that you will:
16.1 not rent, lease, re-sell, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
16.2 not copy the App, or Services except as part of the normal use of the Application or where it is necessary for the purpose of back-up or operational security;
16.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, and Services nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
16.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
16.4.1 is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
16.4.2 is not used to create any Application that is substantially similar in its expression to the App;
16.4.3 is kept secure; and
16.4.4 is used only for the Permitted Objective;
16.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

17. Acceptable use restrictions

You must:
17.1 not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
17.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
17.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
17.4 not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
17.5 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from our servers.

18. Intellectual property rights

All intellectual property rights in the App, or the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

19. Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so
19.1 This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
19.2 We are responsible for any loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both of us knew it might happen.
19.3 We will not be liable for any loss or damage suffered by you where such loss or damage is caused as a result of your act or omission where you are acting in breach of this agreement.
19.4 If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
19.5 We are not responsible for any loss or damage including data loss caused to your device as a result of downloading the App.

20. Limitations to the App

20.1 The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described in the Documentation) meet your requirements.
20.2 The App is for personal, non-commercial use only. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
20.3 You should back up any content and data used in connection with the App, to protect yourself in case of problems with the App.
20.4 If our provision of the Services or support for the App or Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
20.5 The App is provided for general information and food and drink-ordering purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

21. We may end your rights to use the App if you break these terms

21.1 We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
21.2 If we end your rights to use the App and Services:
21.2.1 you must stop all activities authorised by these terms, including your use of the App and any Services;
21.2.2 you must delete or remove the App from all devices in your possession (including devices held by your organisation or household, if applicable) and immediately destroy all copies of the App which you have and confirm to us that you have done this;
21.2.3 we may remotely access your devices and remove the App from them and cease providing you with access to the Services.
You acknowledge that when you are obliged not to do something under these terms, that includes an obligation on you not to allow or permit something to be done.

22. We may transfer our rights and obligations to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

23. You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

24. No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

25. If a court finds part of these terms illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

26. Even if we delay in enforcing these terms, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

27. Which laws apply to these terms and where you may bring legal proceedings

These terms are governed by the laws of England and Wales and either of us can bring legal proceedings in the courts of England and Wales.