Terms

PART 1 – Terms of Use

PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE.

The “App4” mobile application software (the App) is owned and operated by App4 Developments Ltd (App4) registered in England and Wales at The Greenhouse, 106-108, Ashbourne Road, Derby, DE22 3AG and is licensed to Nakodar Grill.

This end-user licence agreement (EULA) is a legal agreement between you (End-user, or You), App4 and Nakodar Grill (Licensor) (App4 and the Licensor are herein referred to as Us or We).

We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site, located at play.google.com (Google Play Store) or itunes.apple.com (Apple App Store) (Google Play Store and Apple App Store are herein referred to as Appstore), the End-user downloaded the App (Appstore Rules).

Neither the Licensor or App4 sells the App to you and App4 remain the owners of the App at all times.

The purpose of the App is to provide a simple, convenient and cost-effective service to App4 clients and their customers. Linking customers with restaurants, providing a gateway for ordering takeaway food, booking tables and receiving offers and discounts. Interactive menus allow you to build and submit orders or book services at the click of a button.

By accessing the App you can view your order history, rate past orders, introduce friends, receive offers and information and earn or receive discounts.

To learn more about the service, view the help page.

Operating system requirements - This App requires a smartphone, iPhone, Android phone, Windows phone, tablet or personal computer with a minimum of 10MB of memory and internet access through a HTML 5 compatible browser.

Important notice:

You should print a copy of this EULA for future reference.

AGREED TERMS

1.            ACKNOWLEDGEMENTS

1.1          The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.

1.2          We may change these terms at any time and as such you should periodically log onto this page upon which the new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.

1.3          From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.

1.4          You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.

1.5          The terms of our privacy policy from time to time are incorporated into this EULA by reference and apply to Services. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.6          By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.

1.7          Certain Services will make use of location data sent from the 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, 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 withdraw this consent at any time.

1.8          The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

1.10        Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

2.            GRANT AND SCOPE OF LICENCE

2.1          In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.

2.2          You may download or stream a copy of the App onto smartphone, iphone, android windows, tablets or personal computers and to view, use and display the App on the Devices for your personal purposes only.

3.            LICENCE RESTRICTIONS

3.1          Except as expressly set out in this EULA or as permitted by any local law, you agree:

(a)           not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

(b)           not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

(c)           not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

(d)           not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

(i)            is used only for the purpose of achieving inter-operability of the App with another software program;

(ii)           is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

(iii)          is not used to create any software that is substantially similar to the App;

(e)           to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

(f)            to include our copyright notice on all entire and partial copies you make of the App on any medium;

(g)           not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

(h)           to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),

together Licence Restrictions.

3.2          The App is intended to be accessed by individuals located in the UK and we make no representation that any inter-operability or functionality included within the App is appropriate for use in any other jurisdiction.

4.            ACCEPTABLE USE RESTRICTIONS

4.1          You must:

(a)           not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;

(b)           not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);

(c)           not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

(d)           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

(e)           not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

4.2         By using the App, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the App or account page.

4.3          You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

5.            INTELLECTUAL PROPERTY RIGHTS

5.1          You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.

5.2          You acknowledge that you have no right to have access to the App in source-code form.

6.            LIMITATION OF LIABILITY

6.1          You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.

6.2          We only supply the App for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6.3          We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 6.4, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.

6.4          Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £100. This does not apply to the types of loss set out in condition 6.5.

6.5          Nothing in this EULA shall limit or exclude our liability for:

(a)           death or personal injury resulting from our negligence;

(b)           fraud or fraudulent misrepresentation; and

(c)           any other liability that cannot be excluded or limited by English law.

7             TERMINATION

7.1          We may terminate this EULA immediately by written notice to you:

(a)           if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;

(b)           if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and

(c)           if the Licence agreement between the Licensor and App4 is terminated.

7.2          On termination for any reason:

(a)           all rights granted to you under this EULA shall cease;

(b)           you must immediately cease all activities authorised by this EULA, including your use of any Services;

(c)           you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.

8.            COMMUNICATION BETWEEN US

8.1          If you wish to contact App4 in connection with the functionality of the App, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to App4 Developments Ltd at Sadler Bridge Studios, Bold Lane, Derby, DE1 3NT and info@goapp4.com. App4 will confirm receipt of this by contacting you in writing, normally by e-mail. Should you wish to contact us by telephone our number is 01332 742 514.

8.2          If you wish to contact the Licensor in connection with the Services, or if any condition in this End-User Licence Agreement requires you to give notice in writing you can send this to us by email or prepaid post to Sadler Bridge Studios, Bold Lane, Derby, DE1 3NT and info@goapp4.com. Should you wish to contact us by telephone our number is 01332 742 514.

8.3          If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.

9.            EVENTS OUTSIDE OUR CONTROL

9.1          We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).

9.2          If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:

(a)           our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

(b)           we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

10.          OTHER IMPORTANT TERMS

10.1        We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

10.2        You may not transfer your rights or obligations under this EULA to another person.

10.3        If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10.4        Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

10.5        Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.

10.6        If any part of these Terms of Use are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of these Terms of Use.

10.7        No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

10.8        The Terms of Use, Privacy Policy and any matter relating to this App shall be governed by English law and any dispute shall be resolved exclusively in the courts of England.


PART 2 – Privacy Policy

App4 Developments Ltd (App4 or We) is registered with the Information Commissioner’s Office (no. ZA129489) for the Data Protection Act.

By visiting and/or ordering services on the App (as such term is defined below) you agree and where required you consent to the collection, use and transfer of your information as set out in this policy

SCOPE OF POLICY

This policy (together with our end-user licence agreement (EULA)) and any additional terms of use incorporated by reference into the EULA, together Our Terms of Use) applies to your use of:

This policy sets out the basis on which any personal data We collect from you, or that you provide to us, will be processed by us.

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:

COOKIES

Our Sites use cookies to distinguish you from other users of Our Sites. This helps us to provide you with a good experience when you use the App or browse Our Sites and also allows us to improve the App and Our Sites. For detailed information on the cookies

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies.

If cookies are already on your system, you can delete them - For more information on cookies and deletion of cookies please visit: http://www.allaboutcookies.org/manage-cookies.

Please be aware that deleting certain cookies can result in difficulties when navigating around sites.

WHERE WE STORE YOUR PERSONAL DATA

The data that We collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. These staff may be engaged in the fulfilment of your request, order or reservation, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Any payment transactions carried out by our chosen third-party provider of payment processing services (will be encrypted. Where We have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your personal data, We cannot guarantee the security of your data transmitted to Our Sites; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorised access.

We may collect and store personal data on your Device using application data caches and browser web storage and other technology.

USES MADE OF THE INFORMATION

We use the information we collect for:

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which We collect your data or update your profile accordingly.

DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006 and to Nakodar Grill.

We may disclose your personal information to third parties:

YOUR RIGHTS

Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the App or the Services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that We do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.

You have the right to see the information we hold about you (Access Request) and to ask us to make any changes to ensure that it is accurate and up to date. If you wish to do this, please contact us using the contact details set out in section 7 below. In the event that you make an Access Request, we reserve the right to charge a fee of ten pounds (£10.00) to meet our costs in providing you with details of the information we hold about you.

CHANGES TO PRIVACY POLICY

Any changes We may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you when you next start the App or log onto one of Our Sites. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App or the Services.

Choose Restaurant