Glug App - Terms and Conditions

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we grant permission to you to use the Glug App, how the Glug App lets your order from Venues and the terms and conditions upon which Venues will supply your order to you. Our privacy notice set out HERE sets out how we use your personal information, and you should read it carefully.

1.2 Why you should read them. Please read these terms carefully before you install the Glug App and before you submit any order. These terms tell you who we are, about our status, how we will take your order and how you may change your order and what to do if there is a problem.

1.3 “Venue” means the bar, restaurant or other venue who you use the Glug App to place an order with.

1.4 Our status. We provide the Glug App to you and are agents for the Venue you place your order with. Your contract for the supply of what you order using the Glug App is between you and the Venue. We are not responsible for your order itself. We make no warranties or representations to you about any item you order using the Glug App.

1.5 Our contract with you. When you download the Glug App you are asked to signify your agreement to these terms. You should make sure the Glug App meets your requirements by reading the information about the Glug App on the Appstore site before you download it.

1.6 Transmission by internet not completely secure. You should note that information sent using the internet is never completely private or secure.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

Who we are. We are a Bones & Burke LTD a company registered in England and Wales with company registration number 10968653 and our registered office at Content, Stanhope Street, Liverpool, England, L8 5XJ. Our VAT number is 355 370 203

2.1 How to contact us. You can contact us through the Glug App using by writing to us at support@glug.live.

2.2 How we may contact you. If we or a Venue have to contact you we will do so contacting you through the App or by writing to you at the email address you gave at registration. You are responsible for providing an appropriate email address.

2.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. YOU MUST BE 18 YEARS OLD OR OVER.

3.1 You must be 18 years old or over to download the Glug App and to agree to these terms.

4. YOUR LICENCE TO USE THE GLUG APP

4.1 We license you to use the Glug App version 1 mobile application software (Glug App) and any updates or supplements to it and the related electronic documentation (Documentation) as permitted in these terms.

4.2 AppStore’s terms. The AppStore you download the Glug App from may also prescribe terms with respect to the Glug App, which you should consider carefully. If there are any differences between these terms and the AppStore’s terms, then the AppStore’s terms will apply to the extent of the difference.

4.3 Operating system requirements. The Glug App requires an android or IOS mobile telephone or device as follows: IOS – 10.X and higher, Android – 7.X and higher with free memory of at least 500gb.

4.4 Your right to use the Glug App. In return for you agreeing to comply with these terms you may: i) download a copy of the Glug App onto any of your compatible devices and view, use and display the Glug App on such devices for your personal purposes only, ii) use any Documentation to support your permitted use of the Glug App, iii) provided you comply with the Licence restrictions in clause 4.10 make copies of the Glug App and the Documentation for back up purposes, and iv) receive and use any free supplementary software code or update of the Glug App incorporating ‘patches’ and corrections of errors as we may provide to you.

4.5 Your right to use the Glug App is personal. You may not transfer your right to use the Glug App to anyone else, whether for money, for anything else or for free. If you sell any device on which the Glug App is installed, you must remove the Glug App from it first.

4.6 If someone else owns the phone or device you are using. If you download or stream the Glug 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.

4.7 We may collect technical data about your device. By using the Glug App you agree to us collecting and using technical information about the devices you use the Glug App on and related software, hardware and peripherals to improve our products and to provide our services to you.

4.8 We may collect location data (but you can turn location services off). If you wish to search for Venues nearby then you have the option to make use of location data sent from your devices. You also have the option to search manually. You can turn off location data at any time by denying permission for the use of location data within the Glug App, or by going to location settings for the Glug App on your device.

4.9 Licence restrictions. You agree that you will:

(a)Not rent, lease, sub-license, loan, provide, or otherwise make available, the Glug App or the services we provide through the Glug App in any form, in whole or in part to any person without prior written consent from us;

(b)not copy the Glug App or Documentation, except as part of the normal use of the Glug App or where it is necessary for the purpose of back-up or operational security;

(c)not translate, merge, adapt, vary, alter or modify, the whole or any part of the Glug App or Documentation nor permit the Glug App to be combined with, or become incorporated in, any other programs, except as necessary to use the Glug App on devices as permitted in these terms;

(d)not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Glug App 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 Glug App to obtain the information necessary to create an independent program that can be operated with the Glug App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

· is not disclosed or communicated without our 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

· is not used to create any software that is substantially similar in its expression to the Glug App;

· is kept secure; and

· is used only for the Permitted Objective;

(e)comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Glug App.

4.10. You must not: i) use the Glug App 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 Glug App or any operating system; ii) infringe our intellectual property rights or those of any third party in relation to your use of the Glug App or including by the submission of any material in any reviews (to the extent that such use is not licensed by these terms); iii) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Glug App; iv) not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or v) attempt to collect or harvest any information or data from our systems or decipher any transmissions to or from the servers running our services.

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

5. CHANGES TO TERMS OF USE OF GLUG APP AND THE GLUG APP ITSELF

5.1 We may need to change the terms of use. We may need to change the term of use of the Glug App to reflect changes in law or best practice or to deal with additional features which we introduce. If we do this we will give you 7 days’ notice of any change which you will see when you next start the Glug App.

5.2 Updates to the Glug App. From time to time we may automatically update the Glug App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Or, we may ask you to update the Glug App for these reasons. If you do not install updates or opt out of automatic updates you may not be able to continue using the Glug App. The Glug 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 downloaded it.

6. ORDERS

6.1 Your order. The Glug App allows you to place orders with various Venue. When you place your order using the Glug App, we will send it to the Venue. During the order process we will ask you to confirm your choice and give you the opportunity to make comments and provide additional information. You cannot amend your order through the Glug App once you have placed it. If you want to make a change to your order you must contact the Venue directly. The Venue will notify you through the App when they accept your Order and at that point a contract will come into existence between you and the Venue.

6.2 Allergens and dietary requirements. Dietary and allergen information is provided by the Venue on their page within the App. If you have any such requirements or wish to ask a question about allergens or other dietary requirements you should do so by adding comments to the section of the order form that allows you to provide additional information.

6.3 Alcohol and tobacco. The Glug App is only for use by adults aged 18 years old or over. It is a criminal offence to obtain alcohol or tobacco products for those not legally old enough to buy them themselves. You may be asked to verify your age by the Venue. If a Venue suspects that you or other individuals in your group do not meet any relevant age requirements they may refuse to serve you and/ or provide the contents of your order to you and you will not be entitled to a refund.

6.4 If the Venue cannot accept your order. If the Venue does not accept you order you will not be charged for your order. This might be because what you have asked for is not available or because the Venue has found an error in the price or description of the product you ordered or because it does not meet with requirements that you have specified.

6.5 Your order number. The Glug App will assign an order number to your order and tell you what it is when you place your order. You should keep this number for your records and to help the Venue identify you.

6.6 Products may vary slightly from their pictures. The Glug App lets you view the menu and drinks list and other information of Venues on its Venue page within the App. Each Venue is responsible for the content if its page within the Glug App including (but not limited to) pictures, descriptions and prices. The images of the products on each Venue page within the App are for illustrative purposes only and the items in your order may vary slightly from these images.

7. PRICE AND PAYMENT

7.1 Where to find the price for your order. The price of the products in your order (which includes VAT) will be the price shown on the Venue’s page within the Glug App when you placed your order. Venues are responsible for making sure that the prices (and all other information) on their page is correct. If on doing this a Venue discovers the pricing is wrong they may refuse your order or ask you to pay the correct price. The Venue will not be obliged to provide you with your order at the incorrect price.

7.2 When you must pay and how you must pay. The Glug App accepts various payment cards. You enter your payment details when you place your order in the Glug App and we take payment once your order is accepted by the Venue.

7.3 What to do if you think you have been charged incorrectly. If you think you have been charged incorrectly please contact us promptly to let us know.

8. SERVING YOU WITH YOUR ORDER

8.1 When your order is ready. When you receive your order confirmation from the Venue, it includes an indication of waiting time, whether you have selected table service or collection at the Venue. The Venue will notify you through the Glug App when your order is ready for collection, or, if you have requested table services, will bring it to your table.

8.2 Collection by you. If you have asked to collect the products from the Venue, you must do so within a reasonable time of receiving the notification they are ready. If you do not do so, then the Venue may dispose of the contents of your order and you will still be charged.

8.3 Cancelling for late delivery. If the Venue does not notify you that your order is ready within within half an hour of the timescale specified in the Venue’s order confirmation then you can choose to treat the contract as at an end and you can cancel your order for any of the items that are late. You should do this by notifying the Venue. After that the Venue will, refund any sums you have paid for the cancelled items.

9. ACCEPTABLE BEHAVIOUR

9.1 You agree to behave appropriately at any Venue and agree that you will:

(a) Not engage in any behaviour that may risk your safety or the safety of other individuals and Venue staff at any Venue;

(b) Not engage in any behaviour that may affect the enjoyment of other individuals at any Venue;

(d) Not act in such a way as to cause offence to or threaten any member of Venue staff or any other individual at any Venue;

(e) Not partake in unlawful activity when in or around a Venue;

(f) Not break any rules displayed or advised to you with respect to a Venue; and

(g) Behave appropriately at all times when in or around a Venue.

9.2 You acknowledge that the Venue may refuse you entry to or remove you from a Venue if you do not comply with clause 9.1. If this happens and you have not received or consumed your order you will not be entitled to any refund.

10. PROBLEMS WITH ORDERS OR THE GLUG APP

10.1 Problems with orders. We are not responsible for problems with your order and if you have any questions or complaints about your order you should raise them directly with the Venue immediately you become aware there is a problem. Most issues with orders can be resolved if you raise them quickly but become more difficult to resolve if you do not do so.

10.2 How to tell us about problems. If you have any questions or complaints about the Glug App, if you think it is faulty or misdescribed, or, if you require support you can access the support content from within the Glug App or contact us. You can contact our customer service team by writing to us at support@glug.live.

10.3 Summary of your legal rights. The Venues are under a legal duty to supply your order in accordance with this contract and the law and we are under a legal duty to supply you with . Nothing in these terms will affect your legal rights.

11. WE CAN END YOUR RIGHTS TO USE THE GLUG APP

11.1 We may stop providing the Glug App to you if you break these Terms. We may end your rights to use the Glug App by contacting you if you break these Terms in a serious way. If what you have done to break these terms can be put right we will give you a reasonable opportunity to do so before ending you rights to use the Glug App.

11.2 If we end your rights to use the Glug App. If we end your rights to use the Glug App you must stop using it. You must delete or remove the Glug App from all of your devices and you must destroy any copies of the Glug App you have. We may remotely access your devices to remove the Glug App from you and stop providing you with access to it.

12. YOU CAN STOP USING THE GLUG APP AT ANY TIME

12.1 You can change your mind. You can stop using and uninstall the Glug App at any time.

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 We are not responsible for a Venue actions or failure to act. We are not responsible for your order, as we only act as agent for you to place your order with a Venue. We are not responsible for any action or failure to act on the part of any Venue.

13.2 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 in providing the Glug App, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen.

13.3 Liability not excluded by us. We do not exclude or limit in any way our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or exclude any other liability where it would be unlawful to do so.

13.4 Liability not excluded by Venue. The Venue does not exclude or limit in any way its liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to your order.

14. OTHER IMPORTANT TERMS

14.1 Transferring this agreement or the Glug App to someone else. We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

14.2 We are not responsible for events outside our control. If our provision of services through the Glug App or support for it 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 .

14.3 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.

14.4 Please back-up content and data used with the Glug App. We recommend that you back up any content and data used in connection with the Glug App, to protect yourself in case of problems with the App or the Service.

14.5 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.

14.6 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

14.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law. You can bring legal proceedings in respect of the Glug App and your order in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.

14.8 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you can submit a complaint to the European Commission Online Dispute Resolution platform.

Last Updated : 30 April 2021