These Terms and Conditions (“Terms”) govern your relationship with Your City App Ltd a company incorporated in Scotland under the Companies Acts (company number SC523721) and having its registered office at Unit 2, 15 Lotland Street, Inverness, United Kingdom IV1 1ST (“us, “we”, “our”, “getzz”, “YCAL”) in connection with Getzz websites and mobile application (the “Service”) operated by us.
For the avoidance of doubt, please note that references to “Service” in these Terms include any current or future version of our websites https://business.getzz.co.uk/login https://www.getzz.co.uk and any Getzz mobile application through which you access and use our Service, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing and using our Service that may be developed from time to time).
We grant to you a limited, non-exclusive, non-transferable licence to access and use the Service, subject to your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, partners and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. You may not access or use the Service if you disagree with any part of the Terms.
This forms a contract between you and Getzz which commences on the date of your acceptance. You should save a copy of these terms for your records. We may make changes to these terms, so check back here from time to time. We’ll notify you of material changes before they happen. If you access or use the Service after being notified of a change, you’re deemed to have accepted that change.
These Partner Terms and Conditions might also refer to the following additional terms, which also apply to your use of our Service. The following terms are available on https://getzz.co.uk
If you have questions about these terms or our Service please contact firstname.lastname@example.org. If we need to contact you, we’ll do so via the email address you have provided to us.
The following words and expressions shall have the following meanings:
App: the internet-based application known as “getzz” which facilitates the Partner Businesses sale of food, goods and services to the Consumer.
Partner Business: a seller of food, goods or services using the App.
Consumer: a buyer of food, goods or services using the App.
Intellectual Property: patents, copyright, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill, rights in designs, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Stripe: the secure payment operator.
Delivery Partner: Our delivery partner company in Inverness Taxis.
1.1. Our purpose is to connect you to the Consumer and provide the Service where you can sell products (“Products”) for delivery, collection or table orders. When Consumer orders from you, Getzz acts as an agent on your behalf to conclude Consumer order from Service and to manage Consumer experience throughout the order process. Once Consumer has placed an order, the Products will be delivered by you, or by the Delivery Partner.
1.2. The legal contract for the supply and purchase of Products is between you and the Consumer who places the order.
2.1. By clicking accept or by accepting and order on the Service you (Partner Business) confirm that:
You accept our offer to provide the Service on these terms.
3.1 Any orders processed by Getzz through the Service are processed by Getzz in its capacity as your commercial agent. By signing up to Getzz, you authorise Getzz to act as your agent to solicit, promote and conclude contracts for orders in your name and on your behalf, and to collect customer payments owed to you in respect of those orders.
3.2. The legal contract for the supply and purchase of Products is between the Consumer and you.
3.3 Once Consumer has placed and order, and the payment transaction has been accepted, you will receive payment directly to your Stripe account minus Getzz commission fee, minus Stripe fee.
3.4 Amending or cancelling and order: If for any reason an order must be cancelled or amended, you must contact and deal directly with the Consumer to organise the change. Getzz cannot accept any liability or act as intermediate or moderator on any orders processed via the Getzz App.
3.5 Refunds: If for any reason an order must be refunded, it is your full responsibility to process and provide the full refund to the Consumer. You must contact and deal directly with the Consumer to organise the refund. Getzz commission fee cannot be refunded as it is an admin fee for the management and processing of the order.
4.1 You have a choice of handling all deliveries or request the delivery services from the Delivery Partner. Getzz cannot take any liability on deliveries managed by you or the Delivery Partner.
4.2 Delivery services provided by Delivery Partner, will be managed directly between them and you. Delivery Partner will provide a fixed fee per order.
4.3 Delivery costs will be paid by Consumer when placing and order, this will be included on the total cost of the order. The delivery fee is set up by you via your own Getzz business panel.
5.1. Getzz charges you a commission fee per order for delivery of collection, which is automatically deducted from the order total amount.
5.2. Getzz charges you a commission fee per table order, which is automatically deducted from the order total amount.
5.3. Getzz charges the Consumer a service fee per order for delivery, collection or table order, which is automatically deducted from the order total amount.
5.4. You will pay Stripe fee for processing the payment. This fee is automatically deducted from the order total amount. Please note that Stripe can change this fee at their own discretion at any time.
5.5. For the amounts on the fees please refer to your Partner Agreement with Getzz.
6.1. You must comply with all law and regulations applicable to your type of business.
6.2. You are responsible for setting up and keeping your profile information and menu updated via the access to your own Getzz business portal.
6.3.Ensure that all relevant menu items are available to be ordered by a Consumer during your opening hours.
6.4. Ensure that delivery and collection orders are available for collection by Consumer or Delivery Partner in a timely manner.
6.5. You are solely responsible for the Content that you post on the Service, including its legality, reliability and appropriateness.
6.6. You permit Getzz to advertise you on the App and display your address and contact details, opening hours, menu and products for sale.
6.7. You undertake to provide all information that Getzz may require to satisfy itself as to your identity.
6.8. You acknowledge and agree that Getzz may remove the you from the App at any time (at Getzz’s sole discretion).
6.9. You undertake to inform Getzz immediately of any circumstances relating to you occurring of which Getzz might reasonably wish to be made aware including, but not limited to, you becoming insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you and stopping paying your debts as they fall due, or suffering any other insolvency relating proceedings;
6.10. You undertake not to upload any content to the App that is obscene, defamatory, pornographic or in any way likely (in the opinion of Getzz to bring Getzz or the App into disrepute.
6.11. You undertake to set up a Stripe account, to enable payments to you of proceeds of sales made using the App, with the assistance of Getzz.
6.12 You must provide all information, materials and assistance reasonably required by Getzz to setup your profile on the Service. You must ensure that the information you provide to Getzz and customers in or in respect of your use of the Service is complete and accurate in all material respects.
6.13. Provide accurate descriptions of menu items to be offered in Getzz (including any relevant allergen advice and applicable VAT amounts).
6.16. Ensure that menu items correspond with the descriptions on the App, including indications that particular menu items are gluten free, nut free, or are suitable for vegetarians and/or vegans.
6.22. Display any Getzz signage provided by Getzz in accordance with our instructions.
7.1. Provide the Service that facilitates the sale of your products to Consumer for delivery, collection or table order.
7.2. Facilitate the setup and provide training to you on how to use the Service and maintain your profile updated.
7.3. Getzz, subject to our rights to suspend your use of the Service under these terms, displays your profile and menu items on Getzz App as available and setup by you.
8.1. Getzz grants you a non-exclusive, royalty-free, non-sublicensable, non-transferable licence to use Getzz branding, which includes the Getzz logo, name and/or website address to allow you to advertise Getzz App at your sites. You must comply with any Getzz policy issued from time to time.
8.2. You grant Getzz a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and licence to use, modify, publicly perform, publicly display, reproduce, create derivative works from and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this licence includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
8.3. Getzz can use your branding on the Service, social media, flyer and leaflets, brochures, banners, for marketing purposes and as reasonably necessary to promote the Service.
8.4. Getzz retains ownership of and all rights in and to Getzz branding.
8.6. We may collect data about your use of the Service. By using the Service you agree to us collecting and using this information. We may use this information for various purposes, including to improve, maintain, protect and develop our products, and to provide Service to you.
8.7. You represent and warrant that: (i) the Content you post in the Service is yours or you have the right to use it and grant Getzz the rights and licence as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyright, contract rights, intellectual property rights or any other rights of any person.
8.8. The Service and its original content (excluding Content provided by users and/or you), features and functionality are and will remain the exclusive property of Getzz. The Service is protected by copyright, trademark, and other laws of the United Kingdom and Scotland. Getzz trademarks and trade dress may not be used in connection with any product or service without Getzz prior written consent.
9.1. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are solely responsible for the Content that you post to the Service, including its legality, reliability and appropriateness.
9.2. We may, in our sole discretion, remove any Content in breach of the Terms or which is otherwise objectionable.
9.3. By using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content made available via the Service. You shall bear all risks associated with the use of any Content available via the Service, including any reliance on its accuracy, completeness, or usefulness.
9.4. As between you and us, any Content published in the App will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Content.
10.1. This Service is solely for the use of your company. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any part of the Service. You may not, and you may not assist or encourage any other party to, engage in any of the following:
10.2. You agree that you are responsible for any charges in connection with sending of communications via your device which relate to the Service.
10.3. You represent and warrant that: (i) you are authorised to create your account, whether individually or on behalf of an organisation; (ii) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licences set forth in these Terms; (iii) the posting and use of your Content on or through the Service does not and will not violate, misappropriate or infringe on the rights of any third party including, without limitation, privacy rights, publicity rights, copyright, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service.
10.4. You acknowledge, consent and agree that we may access, preserve and disclose your member data, payment method information (to the extent we have access to it) and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any law; (b) enforce the Terms; (c) respond to claims that any Content violates third party rights; (d) respond to a request from you; or (e) protect our rights, property or personal safety, members and any third party. Subject to the foregoing, we will use reasonable efforts to maintain the confidentiality of your member data and payment method information.
11.1. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property of any person.
11.2. You or any third party may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing your or its copyright.
12.1. We do not assume any responsibility whatsoever for the content, privacy policies, or practices of any third party websites or services which may be accessed via the Service. We are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available through such web sites or services.
13.2. Upon termination, your right to use the Service will immediately cease.
13.3. Reasons for such termination include, but are not limited to, (a) breach or violation of the Terms or other incorporated agreements, policies or guidelines, (b) request by law enforcement or any other government agency, (c) request by you, (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues, (f) extended periods of inactivity by you, and/or (g) non-payment of any fees owed by you in connection with the Service. You agree that termination of your account or access to the Service shall be made at our sole discretion and that we shall not be liable to you or any third party for termination of your account or access to the Service.
14.1. In no event shall we be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party available via the Service; and (iii) unauthorised access, use or alteration of your transmissions or Content.
15.1. Your use of the Service is at your sole risk. The Service is provided on an “as is” basis. To the extent permitted under Scots law the Service is provided without warranties of any kind, whether express or implied.
15.2. We do not warrant that (a) the Service will function uninterrupted, securely or available at any particular time or location; (b) the Service is error free or that any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements or expectations.
15.3. Your actions and omissions: The legal contract for the supply and purchase of Products is between you and the Consumer who places an order with you. We have no control over the actions or omissions of either you or the Consumer. We cannot take any liability or act as mediators between you and the Consumer in the event of a complaint or any other issues.
19.2. By continuing to access or use the Service after the Terms have been altered or replaced, you agree to be bound by the revised Terms. You are free to stop using the Service if you do not agree to the new Terms.