End User License Agreement (“EULA”)

Last Reviewed: 21 November 2023

These terms in this EULA govern all FETCH Services as defined below and in our desire for full transparency, we herein provide a combined EULA for both end users of our service, whether as a guest or a registered user of Services, via an application used on a personal “mobile device” (“Application”) (“Customer(s)”), and “Venue(s)” which are individual businesses (in plural “Companies” consisting of multiple Venues) under a Sales Agreement and are contracted to operate FETCH Services.

We endeavor to clarify if certain terms apply to one group but not the other, however, reasonable judgement should be applied towards understanding the spirit of the specific term. Contact us at anytime for clarification.

About the Company

FETCH technology Group LIMITED, with company number 11071470, whose registered office is at Printing House, 66 Lower Road, Harrow, HA2 0DH, United Kingdom, a corporation registered and existing under the laws of England and Wales (“FETCH”, “We”, “Us”, “Our”). FETCH is a private limited company registered in England and Wales and is the owner and operator of fetchpay.com.
Norse Starlit Limited, is a private limited company registered in Ireland, and is wholly owned by FETCH Limited by shares with registered office at 50A Rosemount Park Drive, Rosemount Business Park, Ballycoolin Dublin 11, Dublin 11, Dublin, Ireland, and registered number: 669369, and is the owner and operator of Bambooapp.ie.
Mobile applications “FETCH” and “Bamboo App”, along with websites www.fetchpay.com and www.bambooapp.ie are applications and websites owned, developed, and operated by FETCH.

About the EULA

This EULA governs all “Service(s)” delivered by FETCH which are defined as software applications including our applications available on application stores to be used on mobile devices, hardware, website(s) and related services supplied directly or contracted by FETCH to supply Services to Venues or Customers (“You”, “Your” as applicable).

Please read this EULA carefully before you start to use our Services. By accessing our Services, you indicate that you accept this EULA and that you agree to abide by complete terms referenced herein. If you do not agree to this EULA, do not use access our Services.

Referenced Policies

This EULA is also bound and must be read in conjunction with our “Privacy Policy” (www.fetchpay.com/privacy) as published on our website(s) (“Site”).

General Data Protection Regulation (“GDPR”) policies and information are contained within our Privacy Policies located above. Our Data Controller is contactable at dpo@fetchpay.com.

The terms of third-party services, mobile device manufacturers and relevant Application store EULA(s) shall be in force at the date of downloading the Application and are expressly incorporated into this EULA except where inconsistent with this EULA. In the event of any inconsistency between this EULA and these external EULAs, the provisions of this EULA shall prevail.

Our Role

We provide a way for Customers to communicate with our Venues under contract for Services to pay for orders for services or products such as food or beverage for consumption at our contracted Partner Venues which include restaurants, bars, pubs, clubs, festivals, student unions, cafés, entertainment venues and sport stadiums displayed on our Application. 

The legal contract for the supply and purchase of these items remains between the Customer and the Venue and we will conclude the sale of these products and services on behalf of, and as agent for, the Venues in all cases.

Intellectual Property

  • We are the owner of, or the licensee of, all intellectual property rights in our Services, and in the material published on it (excluding your Contributions as defined herein).
  • These works are protected by patent and/or copyright laws and treaties around the world.
  • All rights are reserved.
  • For Venues or Companies under contract for Services:  
    • we grant you a non-exclusive, royalty-free, non-sublicensable, non-transferable license to use our logos and branding, which includes the application logos, names and/or Site address for the duration of your contracted Services term in the country you operate and for the purpose to allow you to advertise relevant Services at your Venue. We warrant and undertake that our branding does not and will not infringe any third-party intellectual property rights.
    • you grant us and our affiliates a non-exclusive, royalty-free license to use your branding which includes your logos, name and website address(es) for the duration of your contracted Services term in the country you operate and for the purpose to allow us to advertise relevant Services for your Venue. You warrant and undertake that your branding does not and will not infringe any third-party intellectual property rights. We can use your branding for any Services for marketing purposes.
    • except for these limited licenses, we retain ownership of and with all rights in and to all our branding; and,
    • You retain ownership of and all rights in and to your branding.

Your Privacy

  •  We collect certain data about Customers as a result of Customer use of our Services. This is described in more detail in our Privacy Policy referenced before.
  • Continued use of our Services following the posting of privacy changes will mean that you accept and agree to the changes.
  • As a Customer, you agree to:  
    • allow certain contact details and purchase details to be provided by the Venue for payment, service or service disputes by the Venue or yourself;
    • allow your contact details and/or the details of your purchase to be provided at the direct request of law or legal authorities with appropriate jurisdiction;
    • allow us, at times in the Application, allow you to share your experiences of using the Application via social media;
    • allow us to provide external review linking or related capabilities to allow you to receive or provide experience reviews which may or may not include limited personal information. The privacy rules around these capabilities are governed by the relevant review sites terms and conditions;
    • allow us to provide non-personal and/or aggregated data and statistics on Customer demographics, Application usage or other data for market basket or other analytical purposes to the Venue or third-parties.
     
  • As a Venue, you agree to: 
    • allow certain contact details to be provided for use in delivery of our Services for internal use and to our payment partner in the delivery of our Services.
     

Your Rights and Obligations

  • You may install, if required, and use a copy of the Application(s).
  • If a Venue has been supplied a mobile device under a Services contract, the mobile device shall be used for the Application or returned under agreement with us.
  • You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content from our Services in any way unless governed under a separate agreement with us.
  • You agree not to modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on our Services, or any portion thereof.
  • You must not attempt to gain unauthorized access to our own or our service providers’ equipment, systems or networks nor take any action which may inhibit their operation.
  • You must provide honest and accurate and complete registration information when signing up to use our Services and/or Application and/or Sites, and you must have authority to use any payment details or banking access which you provide.
  • You may use our Services only for lawful purposes. You may not use our Services in any way that breaches any applicable local, national, or international law or regulation, or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards clause herein. 
  • In using our Services you will not:  
    • access without authority, interfere with, damage or disrupt any part of our Services or any network or equipment used in the provision or use of our Services;
    • rent, lease, lend, sell, redistribute or sublicense all or any portion of our Services;
    • attempt to copy, duplicate, modify, create derivative works from or distribute all or any part of our Services except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties;
    • attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of our Services except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties;
    • access all or any part of our Services in order to build a product or service which competes with our Services;
    • attempt to obtain, or assist third parties in obtaining, access to our Services, other than as provided elsewhere in this EULA.
  • You will use reasonable endeavors to prevent any unauthorized access to, or use of, our Services and notify us promptly of any such authorized access or use.
  •  Failure to comply any portion of this EULA, including Content Standards, constitutes a material breach of your obligations, and may result in our taking any or all of the following actions: 
    • immediate, temporary or permanent withdrawal of your right to use our Services;
    • immediate, temporary or permanent removal of any posting, material or Contribution uploaded by you to our Services;
    • issuing of a warning to you;
    • legal action against you including prosecution and liability for any damages, proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs);
    • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
  • We shall have the absolute and unilateral right in our sole discretion to deny use of and access to all or any portion of our Services to you if you are deemed by us to be acting in a manner not reasonably intended by us, this EULA or in violation of law. The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
  • For Customers, you are obligated and responsible for paying for all items ordered using your account, and for related delivery charges, and for complying with this EULA, even if you have ordered the item for someone else.

Venue Account, Onboarding and Set-up

  • To use our Services, you (the Venue) are required to open an account within our administration portal provided to you and perform the necessary account opening with our Payments Provider. 
  • Furthermore, you must provide all information, materials and assistance reasonably required by us to onboard you to our Services in accordance with contracted terms.  you must ensure that the information you provide to us and Customers in or in respect of your use of Services is complete and accurate in all material respects.
  • You agree that:  
    • You must display any Service signage provided by us in accordance with our instructions;
    • 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 our Services, 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.

Customer Account and Use of Application

  • To pay for orders through our Application, you (the Customer) may be required to open an account within the Application.
  • You will need to provide your mobile number, email address and create a secure password, and may also need to provide credit card details with our chosen Payments Partner.
  • You must keep your password secure and prevent others from accessing your account. If another person accesses your account, you will be responsible to pay for any items they order and we are not responsible nor obligated to pay for any items ordered, nor obligated for any losses you suffer as a consequence, unless the person accesses your account because we did not keep it secure.
  • Paying for Orders:  
    • It is important to check your order before paying for it. Once you submit your payment, you will be entering into a binding contract with the Venue and errors cannot be corrected;
    • Once you have submitted your payment and it has been authorised, you will not be entitled to change or cancel your order, nor will you be entitled to a refund unless the Venue has rejected your order and subject to the terms in this section and the Payment Card Processing terms herein;
    • Where any payment is not authorised, your payment will not be processed;
  •  In using the Application you warrant:
    • That you have appropriate authority to use all card details which are provided to use our Services;
    • that you are at least 18 years of age and are legally capable of entering into binding contracts with the Venue;
    • we have the right to share your contact information with the Venue in case of any dispute and/or unpaid orders made by you. Please review the privacy referenced in this EULA.
     
  • We do not charge for use of the Application, but you are responsible for making all arrangements and payments necessary for you to access our Services using the Application. 
  • The Application is licensed to you and not sold to you. Its use is only in accordance with this EULA. We reserve all rights not expressly granted to you.
  • This license is granted to you for the Application by us is limited to a non-transferable license to use the Application on any mobile device that you own or control and as permitted by the acceptable use policy. 
  • We do not warrant the Application’s capability to be used on any mobile device.
  • This license does not allow you to use the Application on any mobile that you do not own or control, and you may not distribute or make the Application available, singularly or in multiple, over any method outside the appropriate Application store.
  • This EULA will apply to any upgrades provided by us that replace and/or supplement the original Application unless such upgrade is accompanied by a separate license in which case the terms of that license will apply.
  • We may suspend or close your account permanently if we believe that you are abusing any portion of our Services eg. applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, or any other reason. 
  • If we close your account, we will refund any remaining credit validly obtained from the Application following any issue with an order, by applying a credit to your registered credit card.
  • You may close your account at any time by requesting us to do so for you at support@fetchpay.com and your details will be deleted within our Services.

Price and Payment

  • Value Added Tax (“VAT”) – Prices will reflect the local jurisdiction tax rules and laws and the Venue is responsible to ensure this is complete and correct. 
  • Incorrect Pricing – The Venue is responsible to maintain accurate pricing. The Application shows a large number of items.
  • Payment methods – Payment for orders must be made by an accepted credit/debit card or e-payment. Please note that from time to time there may be delays with processing of card payments and transactions. This may result in payments taking up to sixty days to be deducted from a Customer bank account or charged to the credit card or debit card.
  • Payment Card Partner – FETCH has contracted Stripe Payments Europe, Ltd. as our “Payments Partner” to utilize their marketplace ecommerce payment platform for credit card transactions and payments. Our Payments Partner is subject to change at anytime and without notice.
  • Payments Card Processing – In order to pay for services ordered at a Venue using the Application, a Customer will need to supply credit/debit card details to our Payments Partner. The payment process will be handled by the Payments Partner and is summarized in general terms here: 
    • the Customer must have appropriate authority to use all card details which are provided to use our Services;
    • the Application will transfer the Customer directly to our Payments Partner platform to supply card details and consent to use of these details by our Payments Partner for the purpose of paying for our Services and processing your payment;
    • we will send the Customer a push notification via the Application or provide a payment confirmation page via the Application to indicate the payment has been successful and the receipt will be sent by email; 
    • Customer card details will be securely stored by our Payments Partner for ease of use in future transactions using the Application. However, for the Customer’s security, the CSC/CVV number is not stored and must be entered each time the Customer uses a card for authentication;
    • we and our Payments Partner employ a modern and secure card payment tokenization process. Payment card tokenization allows the replacement of the credit card number defined for a card payment with a token provided by the Payments Partner authorization service. We may or may not store this token for use within the Application for future transitions.
    • You may remove payment details from the Application at any time.
    • Payment and order transactions are between the Customer and the relevant Venue. Whilst our Services seek to facilitate the payment procedure, we do not receive your payment or your card details and we are not responsible for subsequent use of your card or payment details by or on behalf of the Venue. 
    • WE, NOR DO OUR SERVICES OR THE APPLICATION, HAVE ACCESS TO YOUR CARD DETAILS NOR DO WE STORE YOUR CARD DETAILS ON ANY OF OUR SYSTEMS.
    • As the agent for our Venues, credit/debit card-related questions can be directed to us at support@fetchpay.com. We strongly suggest that these enquires are performed within 24 hours of discovery. We will need the transaction details including name, last four card numbers, Venue name and date of the transaction to investigate the transaction.

Interactive and Comment Services

  •  We may from time to time provide certain features which allow the interaction between Venues and Customers or between Customers, eg. instant feedback, review sharing, etc. 
  • Generally, we do not moderate any interactive or comment services we provide although we may remove content in contravention of this EULA as set out in our Content Standards herein. If we do decide to moderate any service, we will make this clear before you use the service and normally provide you with a means of contacting a moderator, should a concern or difficulty arise.
  • We are not responsible for any messages presented in any interactive or comment services and these messages are considered the opinion of the originator.

Content Standards

  • The following Content Standards apply to any and all material which you contribute to our Services (the “Contribution(s)”) through interactive or comment services, and to any services associated with it, including connected third-party services. You must comply with the spirit of these standards as well as the letter. 
  • The standards apply to each part of any Contribution as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions as applicable) and comply with applicable laws in the UK and in any country from which they are posted. 
  •  Contributions must not:
    • contain items or related items, to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, escort services or other content deemed adult related;
    • contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    • infringe any copyright, database right or trademark of any other person;
    • be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;
    • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
    • be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case;
    • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse. 

Disclaimers, Liability, Force Majeure, and Indemnification

  • Reliance on Information Posted – It is the responsibility of the Venue to maintain their content. Commentary, item/venue information, pricing and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of our Services, or by anyone who may be informed of any of its contents, and we make no commitment to update this information.
  • Venue Actions and Omissions – The contract for the supply and purchase of products is between the Customer and the Venue in which the Customer is placing an order. We have no control over the actions or omissions of any Venues. Without limiting the generality of the foregoing, the Customer acknowledges and accepts that we do not warrant the products ordered from any Venue through the Application will be of satisfactory quality or suitable for the Customer purpose and we disclaim any such warranties;
  • The foregoing disclaimers do not affect a Customer’s statutory rights against any Venue.
  • Our Services are provided on an “as is” and “as available” basis, and your use of them is at your sole risk. We will make reasonable efforts to promptly address all technical issues that arise in connection with using our Services.
  • We do not warrant that we or our Services: (a) will meet your specific requirements; (b) will be uninterrupted, timely, secure, or error-free; (c) will be accurate or reliable; (d) will meet your expectations of quality of any products, services, information, or other material purchased or obtained by you through our Services; or (e) will correct any Services errors.
  • Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
  • You acknowledge that we may use third party suppliers to provide hardware, software, networking, connectivity, storage, and other technology in order to provide our Services. The acts and omissions of those third-party suppliers may be outside our control, and we do not accept any liability for any loss or damage suffered as a result of any act or omission of any third-party supplier.
  • On behalf of itself and such third-party suppliers, we exclude any other warranties that may be implied or otherwise apply under statute or other applicable law, to the maximum extent permitted by law.
  • SAVE AS SET OUT HEREIN, WE EXCLUDE ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE HAVE NO LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR SPECIAL DAMAGES OF ANY KIND OR FOR LOSS OF PROFITS, REVENUE OR BUSINESS ARISING OUT OF OR RELATING TO OUR SERVICES, ORDERS PLACED BY CUSTOMERS USING OUR SERVICES OR THESE TERMS.
  • Nothing in this EULA 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 this EULA affects your statutory rights.
  • Limitation of Liability – Subject to preceding clauses, our total liability to you in respect of all other losses arising under or in connection with the Application or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your order or £100, whichever is lower.
  • Force Majeure -We will not be liable for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by events outside our reasonable control (“force majeure”), in particular including: 
    • strikes, lock-outs, industrial or political action, civil commotion, riot, terror attack or threat of terror attack, threat or preparation for war, fire, storm, explosion, flood, earthquake, pandemic, epidemic, subsidence, natural disaster, impossibility of use of any transportation both public or private, impossibility of use of public or private telecommunications networks;
    • Also acts, decrees, legislation, regulation, or government restriction.
    • Our performance under this EULA 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 endeavour to bring any force majeure event to a close or to find a solution by which our obligations under this EULA may be performed despite the force majeure event.
  • Furthermore, you indemnify us against all forms of liability, actions, proceedings, demands, costs, charges and expenses which you may incur or suffer as a result of your use of our Services through your account or as a result of your failure to comply with this EULA.

Governing Law and Jurisdiction

  • This EULA shall be governed by and construed in accordance with English and Welsh law, except for customers or Services provided in the Republic of Ireland where courts will have jurisdiction.
  • Disputes or claims arising in connection with this EULA (including non- contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
  • If you reside in the EU, we are required by EU law to provide the following link to the EU’s online dispute resolution portal, however we do not participate in dispute resolution under this process unless required to do so under the jurisdiction of the Venue in which you obtained your Services. https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN 
  •  If either we or you have any right to enforce this EULA against the other, that right will not be lost even if the person who has the right delays enforcing it, or waive their right to enforce it in any instance.  if a court or other authority decides that any part of this EULA is illegal or ineffective, the rest of the terms will be unaffected and will remain in force. 

Changes

  •  We may make changes to our Services, Application or this EULA at any time at our absolute discretion.
  •  If we make any changes which affect your rights in relation to our Services, we attempt to notify you. Changes to the Terms will not affect any existing orders placed where we have sent the order confirmation.
  • Your continued access or use of our Services, Application or Website after a change to this EULA signifies your acceptance of the updated or modified terms.
  • We reserve the right to notify guest and/or registered Customers via in-application communication or via email about any changes to these terms and/or any changes to this EULA. 
  • You may be required to agree to the revised EULA to continue your use of our Services. The date this EULA was last updated appears at the top of this EULA.
  • If reasonably requested by us from time to time (by means of a notice on our website or within the relevant Application, store or Services), you agree to install and use an updated or upgraded version of our Services in place of your current version, or to uninstall our Services if we cease to offer it and our Services to the public. 
  • You understand and accept that the device you use to access our Services may require certain software in order for our Services to work correctly and it is your responsibility to ensure that you have obtained the required up-to-date software.
  • You are responsible for any costs and/or fees associated with any such updates/upgrades. All upgrades to Services will fall within the definition of Services under this EULA. Depending on the update or upgrade, you may not be able to use our Services until you have downloaded and installed the latest version of our Services and accepted any replacement EULA. Some Services updates may not be available to certain models of device or in geographic regions.

Contacting Us

  • You may contact us at: support@fetchpay.com.
  •  We will only process the data we collect about you if there is a reason for doing so, and if that reason is permitted under data protection law.

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