Q-KANGAROO App Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS

CAREFULLY BEFORE USING OUR APP

1. WHO WE ARE AND HOW TO CONTACT US

Our App is operated by QKangaroo Limited (“We“). We are registered in Ireland under company number 622727 and have our registered office at 13 Kingswood, Blackrock Road, Dundalk, County Louth.

We are a limited company. We provide an app platform for food and beverage retailers and their customers which allows for the handling of prepaid pick up, sit in, delivery and at table ordering. Our App provides a way for a customer (the “Customer”) to communicate their orders (the “Order”) for the product and services (the “Products”) to cafes, restaurants and other food and drink service providers (the “Supplier”) displayed on Our App (the “Services”). To contact us, please email [email protected].

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Orders.

2.YOUR STATUS

2.1 Capacity and age: By placing an Order through Our App, you warrant that:

2.1.1 You are legally capable of entering into binding contracts; and/or

2.1.2 You are at least the legal age to buy the relevant Products that you wish to buy.

2.2 Alcohol and cigarettes: Furthermore, you acknowledge and agree that:

2.2.1 Pursuant to the Intoxicating Liquor Acts, it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18;

2.2.2 Cigarettes are not for sale to persons under the age of 18; and

2.2.3 Orders containing either alcohol or cigarettes can therefore not be accepted from or on behalf of persons under the age of 18.

3. OUR CONTRACT WITH YOU

3.1 Accessing Our App. You may access some areas of Our App without making an Order.

3.2 Acceptance of these Terms. By downloading Our App either via Google Play, the AppStore, or the links provided to you on our website, you indicate that you accept these Terms.  If you do not accept these Terms, you should leave Our App immediately, and you will not be able to make an Order.

3.3 How we will accept your Order. Our acceptance of your Order will take place when we send you either a notification through Our App and/or a text message to notify you that the Supplier has accepted your Order, at which point a contract will come into existence between you and us.

3.4 If we cannot accept your Order. If we are unable to accept your Order for any reason, we will inform you of this in writing and will not charge you for the Products. This might be because the Supplier’s Products are out of stock, because of unexpected limits on the Suppliers resources, due to Supplier capacity issues, where the Supplier has temporarily gone off line, where we have identified an error in the price or description of the Products or because the Supplier is unable to meet a delivery deadline you have specified. Where the Supplier has gone off line, they will send you a notification through Our App when they reopen.

3.5 Your Order number. We will assign an Order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the Order number whenever you contact us about your Orders.

3.6 Closing your Account. You may close your account at any time by deleting Our App from your device, and sending a request to our Customer Care Team to close your account. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Services (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff or riders, or any other good reason).

3.7 We only sell to Ireland and Northern Ireland. Our App is solely for the promotion of our Services in Ireland and Northern Ireland. Unfortunately, we do not accept Orders from addresses outside of this territory.

4. OUR RIGHTS TO MAKE CHANGES

4.1 Minor changes to the Services. We may make change to the Services:

4.1.1 to reflect changes in relevant laws and regulatory requirements; and

4.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the

4.2 More significant changes. In addition, we may make more significant changes to these Terms, the Product or the Services, but if we do so we will notify you of such changes, and where it is possible to cancel your order after notification of these changes, we will provide a refund.

4.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

5. PROVIDING THE PRODUCTS

5.1 Processing your Order and rejections. On receipt of your Order, we will begin processing it by sending it to the relevant Supplier and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on Our App and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Supplier. We encourage all our Suppliers to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Supplier rejects your Order.  However, Suppliers have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.

5.2 Placing your Order. Once you have selected the Products you wish to order and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the “proceed”, “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 we will start processing your Order and errors cannot be corrected.

5.3 Delivery costs. The costs of delivery will be as displayed when you are processing the Order.

5.4 Delivery of your Order. During the Order process we provide you with the Supplier’s estimated time of delivery only. We are not responsible for the delivery of the Order, which is the Supplier’s sole responsibility. Neither we nor the Supplier guarantee that Orders will be delivered or will be available for collection within the estimated times. When you place the Order you agree to your delivery address and phone number being published on the purchase receipt for the purpose of detail verification and or contact by us or our delivery agent for the delivery of the order. Please see our Privacy Policy for further details on how we process and manage your personal data.

5.5 We are not responsible for delays outside our control. If the supply of the Products is delayed by an event outside our control and/or the Supplier’s 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.

5.6 Collection by you. If you have asked to collect the Products, you can collect them from the Supplier at any time during their normal working hours.

5.7 If you are not at home when the product is delivered. If for any reason a delivery cannot be made due to absence at the delivery address and no reply to contact by phone then the default position will be to take the Order back to the place of supply and send you a text message to the number given to inform you. You may then pick up the Order from there during the Supplier’s normal opening hours.

5.8 If you do not re-arrange delivery. If you do not collect the Products as arranged we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.

5.9 When you own goods. You own a Product once we have received payment in full.

6. YOUR RIGHTS TO CANCEL / CHANGE THE ORDER

6.1 Cancellation or change of Order. Once you have submitted your Order, your payment has been authorised, and your Order has been accepted by the Supplier, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraph 8.5 for details of the process relating to rejected Orders). However, if you wish to change or cancel your Order, you may either contact (i) the Supplier directly, details of which are set out in Our App or (ii) contact our Customer Care team through Our App, and they will attempt to deal with your requests. However, while both the Supplier and the Customer Care team will use their best endeavours to deal with your request, depending on the preparation time for your Order and the amount of time that has passed since the Order was placed, there is no guarantee that your requests will be able to be dealt with, as your order may already have been processed.

6.2 Delayed Order. If your Order is taking longer than expected or you have any other problems with your Order, you can contact our Customer Care Team as described in paragraph 7.1 and one of our Customer Care advisers will attempt to contact the Supplier in order to follow up on your query.

6.3 Reasons we may suspend the supply of Services to you. We may have to suspend the Services to:

6.3.1 deal with technical problems or make minor technical changes;

6.3.2 update Our App to reflect changes in relevant laws and regulatory requirements;

6.3.3 make changes to the Services or Our App as requested by you or notified by us to

6.4 We may also suspend supply of the Products if you do not pay. If you do not pay us for the Products when you are supposed to or if your credit or debit card payment is declined at the time of your Order, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice. We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments.

7. IF THERE IS A PROBLEM WITH THE PRODUCT

7.1 How to tell us about problems with the Services. Our Customer Care team will try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by clicking or selecting the “Customer Support”, “Help” or similar button or by calling the telephone number shown on Our App.

7.2 Problems with the Products. If you are dissatisfied with the quality of any Products or the service provided by a Supplier and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Supplier directly to lodge your complaint and, where appropriate, follow the Supplier’s own complaint procedures. If you are unable to contact the Supplier, or the Supplier refuses to deal with your complaint, you can contact our Customer Care team described above on the same day the order was placed, and one of our team will attempt to contact the Supplier in order to request compensation on your behalf.  Please note that we have no control over Suppliers and the quality of the Products or service that they provide, and we are not able to provide, and have no responsibility for providing, any compensation to you on behalf of the Supplier.

7.3 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must either return them in person to the Supplier or allow the Supplier to collect them from you. Please note that we have no control over whether such rejected Products will be accepted by the relevant Suppliers.

8. PRICE AND PAYMENT

8.1 Where to find the price for the Product. The price of the Product will be the price indicated in the email and/or notification confirmation confirming your Order. Prices will be as quoted on Our App. These prices include VAT but may exclude delivery costs (if you opt for delivery instead of collection) and any online payment administration charges (if you pay for your Order online). These will be added to the total amount due where applicable

8.2 Incorrect pricing. We use our best efforts to ensure that the price of the Product advised to you is correct. Our App contains a large amount of information on Products and it is possible that some of this information may not be completely accurate. If the correct price for an Order is higher than the price stated on Our App, we will normally contact you before the relevant Order is dispatched to notify you of the updated price and to confirm whether you wish to cancel or proceed with the Order.  In such an event neither we nor the relevant Supplier 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.

8.3 When you must pay and how you must pay. We accept payment with credit or debit cards through Our App. Payments will display on your bank account statements as ‘Q Kangaroo’.

8.4 Card payments. If you pay by credit or debit card, you may be required to show the card to the Supplier at the time of delivery as proof of identification and so that they can check that the card conforms 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.

8.5 Credit and discount vouchers. A credit or discount may apply to your Order if you use a promotional voucher or code recognised by Our App and endorsed by Q-Kangaroo, and you pay for any balance by credit or debit card. Please refer to our Voucher Terms & Conditions for the full terms and conditions applicable to the use of credit and discount vouchers. Please note that because of standard  banking procedures, your bank or card issuer will initially “ring-fence” the full amount of the Order (before any credit or discount) in your account for up to 10 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your Order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance. You acknowledge and agree that neither we nor the relevant Supplier 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.

8.6 Rejected Orders. Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card 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 Supplier 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 up to 10 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Supplier 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.

9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

9.1 We are responsible to the Customer for foreseeable loss and damage caused by us. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract 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 the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

9.2 We do not exclude or limit in any way our liability to the Customer where it would be unlawful to do so. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.

9.3 Defective Content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

9.4 Limitation of Liability. Subject to clause 9.2 above, QKangaroo’s total liability to the Customer shall not exceed the total amount paid by the Customer with respect to the Products.

10. HOW YOU MAY USE MATERIAL ON OUR APP

10.1 We are the owner or the licensee of all intellectual property rights in Our App and any updates or upgrades to Our App and in the material published on it, including any updates or upgrades. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

10.2 We hereby grant the User a non-exclusive, non-transferable, limited licence to the extend necessary to use Our App for your personal use, and for as long as you are a valid QKangaroo account holder.

10.3 You must not use any part of the content on Our App for commercial purposes without obtaining a licence to do so from us or our licensors

10.4 If you print off, copy or download any part of Our App in breach of these terms, your right to use Our App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

11. WE MAY SUSPEND OR WITHDRAW OUR APP

Our App is made available ”as is” and free of charge. We do not warrant or guarantee that Our App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

12. HOW WE MAY USE YOUR PERSONAL INFORMATION

12.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

12.2 For the purposes of this clause, the “Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the Ireland including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Acts 1988 – 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

12.3 Both the Customer and QKangaroo confirm that they will comply with all applicable requirements of the Data Protection Legislation. This clause 10 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation.

13. OTHER IMPORTANT TERMS

13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

13.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

13.3 If a court finds part of this contract 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.

13.4 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.

13.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Irish law and you can bring legal proceedings in respect of the Products in the Irish courts.