Takeaway Ordering on Your Mobile

MiShop End-User Terms of Service

These terms and conditions (the "Agreement") are a legal agreement between Customer ("You or Your"), and MiShop Limited (Company No. 5990832) ("MiShop") whose registered office is at 8 Gordon Road, Brighton, East Sussex, BN1 6PD United Kingdom. By using the Service (defined below), you are deemed to have accepted these conditions so please read them carefully.

1.1 The Service

The MiShop service and any and all support that relates to it (the "Service") shall be as described on our website (currently at www.mishop.co.uk) (the "Website") from time to time though we reserve the right to make changes to the Service as described on the Website. Reference in these terms to Merchant shall mean traders and services providers that ascribe to the MiShop Service and provide goods and/or Services to You.

1.2 In consideration of your use of the MiShop Service and the licence of the MiShop Software which allows you to access the MiShop Service You agree to abide by these terms and conditions.

1.3 Maintaining Personal Details

You must keep your account details up to date and accurate and notify us of any changes using the Account Management facilities on the Website. MiShop shall keep all records and details confidential and shall not disclose any personal details to any 3rd party except for the purposes set out in this Agreement.

1.4 Ordering Products and Services using MiShop.

In providing this Service to You, MiShop is acting as an intermediary between You and the Merchant and has no responsibility for products or services purchased or acquired from the Merchant. Use of the Service is at all times subject to the terms and conditions of each Merchant from whom You purchase goods or services. Any issues or disputes you may have in relation to the products and services purchased using MiShop shall be raised by You directly with the Merchant and MiShop shall have no responsibility or liability therefore.

1.5 Adding Merchants to your MiShop account.

You can add new Merchants to your MiShop Account via the Website, or by texting the Merchant's unique "MiShop Merchant Number" to the MiShop SMS number or by entering the Merchant's MiShop Identifier in the "Add Merchant" function in the MiShop application on Your phone. MiShop may at its discretion add select Merchants to Your MiShop account. Merchants will only be added to Your account if they deliver to your home address and postcode as defined in Your personal details.

1.6 Removing Merchants from your MiShop account.

You may remove Merchants from your account by using the "Remove Merchant" facility. However, MiShop reserves the right to disable this function for select Merchants. At its discretion, MiShop may remove Merchants from your phone at any time. If You change your home address, Merchants that do not deliver to your new address will automatically be removed from your account. In either event, MiShop at its discretion may add new Merchants offering similar products and services to your account as a replacement.

1.7 MiShop Off-line ordering.

You may compile an order in MiShop when off-line (i.e. your phone is out of range of a network signal). However, you must be on-line (in range of a signal) for an order to be submitted to a Merchant. MiShop will automatically submit an order when a mobile network signal is available. You must be on-line if you wish to order a takeaway meal that requires immediate attention and delivery. The time that a takeaway order is placed is dependent on the time the order is submitted and not the time it was compiled. If an order is submitted outside Merchant operating hours, the order may be cancelled or rejected. In the event that an order is cancelled You will receive a notification in the MiShop Application and/or by SMS and/or by e-mail.

1.8 Order Acknowledgement.

The Merchant will acknowledge your order, which will be sent to your phone either within the MiShop Application or as an SMS message to your phone or as an e-mail to your e-mail address. MiShop cannot be responsible for Merchant actions and can only facilitate transmission of Your order to Merchant. Merchant is solely responsible for acknowledging and confirming receipt of Your order and fulfilling it (delivering the order or having it ready for collection). Merchant will acknowledge the order within 20 minutes of receiving it. In the event that the Merchant does not acknowledge the order, MiShop will notify the Merchant. If the Merchant continues not to acknowledge the order, MiShop will notify You by SMS and/or e-mail.

1.9 MiShop Catalogue Updates

MiShop provides the facilities for Merchant to provide updated details of current products and services ("Catalogues") to You via MiShop. Merchant is wholly responsible for the accuracy of the Catalogue held in MiShop, which Merchant may update at any time. i.e. add, remove or update prices, products and services. MiShop has no control or responsibility over the content, accuracy, completeness or the frequency of updates to Catalogue.

Updates to Catalogue will automatically download when you open MiShop on-line. If You do not use MiShop for some time and then compile an order off-line, there is a chance that some catalogues will be out of date. If You submit an order using an out-of-date catalogue the Merchant will notify you if it is unable to fulfil an order, or a price has changed, or it may offer an alternative product.

1.10 MiShop Loyalty

You will automatically be enrolled for any MiShop Loyalty schemes with participating Merchants used by You in MiShop. Loyalty Points will accrue in relation to the goods or services of that Merchants subject to specific Merchant terms and conditions. Merchants administer and manage their own MiShop Loyalty Schemes. Loyalty Points accrued through MiShop can only be redeemed using MiShop at the specific Merchant with whom those Loyalty Points were earned and in accordance with the terms specified by the Merchant and displayed on the MiShop website. MiShop Loyalty Points earned with one Merchant cannot be used with another Merchant. Loyalty Points are non-transferable, non-refundable and have no monetary value. Loyalty Points will expire after a period of 12 months and no credit shall be given for any unused Loyalty Points. The Loyalty scheme is free to join and use.

MiShop Loyalty Scheme is optional for Merchants to participate. Although MiShop promotes the MiShop Loyalty Scheme, it gives no guarantee to you that Merchants will participate and therefore can give no guarantee that you will be enrolled for any loyalty schemes.

Any Loyalty Points accrued by You with a Merchant will no longer be valid or useable in the event of the Merchant being removed from your MiShop Account (for any reason).

1.11 MiShop Offers and Promotions

MiShop may undertake promotional activities with Merchants of which You will be notified either by SMS, e-mail, or MiShop Advert (within the MiShop application). In accepting use of the MiShop Service, You agree to receive MiShop Adverts, which for the avoidance of doubt, are adverts displayed when you open the MiShop Application and are not to be confused with SMS messages or e-mail notifications. Personal details will not be passed to Merchants for the purpose of promotional activities. Merchants that are already in your MiShop Account may promote products and services to you within their space of the MiShop Account.

1.12 MiShop Web Account

Your personal details including Merchant details entered in your MiShop account are stored and can be reviewed in the MiShop Website. These Terms of Use apply to both mobile use and Website use of the MiShop Services.

2. CHARGING for the Service

This Service is provided to You free of any MiShop charges. However, You are wholly responsible for all operational / network costs of accessing and using the Service which includes receiving and sending messages. MiShop from time-to-time may introduce services which it may charge for; the nature and charges for such services will be displayed on the Website. You at your sole discretion may subscribe to use these services.

3. Paying the Merchant

You are wholly responsible for the payment of any products and services purchased from Merchants. The total cost of products will be the amount displayed on the order confirmation page which will be inclusive of any applicable VAT/ Taxes and Merchant's service and delivery charges unless stated otherwise.

By acknowledging the Order Confirmation and submitting the order You are accept full liability fort the amount due.

Where the Merchant only accepts cash payment on delivery or collection (e.g. Takeaway Restaurants) You are wholly responsible for paying the Merchant according to the charges displayed on Your phone.

Any default on cash payment reported by the Merchant (I.e. in the event that You do not collect a product that requires cash on collection, or you do not pay cash on delivery, or you provide false address details and submit an order which the Merchant is unable to fulfil) will result in Your immediate termination from MiShop and the blocking of any subsequent use of MiShop from Your mobile phone. MiShop considers such activities as fraud and may, at its discretion, inform relevant 3rd parties of Your activity.

4. SOFTWARE LICENCE

4.1 MiShop shall provide the MiShop Software for use by You solely in order to facilitate the Services. You are provided with a non-exclusive non-transferable licence to use the MiShop Software solely in connection with the Services. MiShop does not warrant the functionality of the MiShop Software and MiShop Software may be incompatible with certain types of mobile phones or other software applications. MiShop accepts no responsibility for interaction between MiShop Software and 3rd party software and MiShop software is downloaded and accepted by You totally at Your risk. MiShop does not warrant that the software is error free and from time to time MiShop reserves the right to upgrade the MiShop software.

4.2 You shall use all reasonable endeavours to ensure that You and others do not a) seek to copy, data-mine, cache, reverse engineer, decompile or disassemble or otherwise extract data from the MiShop Software; b) obtain or claim any ownership in any MiShop Software (or in any derivation thereto or improvement thereof); c) sell, lease, licence or sublicence the MiShop Software; and d) create, write or develop and derivative software or any other software based on the MiShop Software.

4.3 You must ensure that the download / use of the MiShop Software and use of the Service is permitted under Your operator's network terms and conditions and MiShop shall have no responsibility or liability in this regard.

5. ACCOUNT DETAILS AND SECURITY

You must keep secure and not share Your Username, PIN and Password to use the Service. MiShop shall have no responsibly for misuse of the Services which are due to 3rd parties accessing and using the Service using Your username/ PIN and password. You shall immediately notify MiShop of any unauthorised use or any other breach of security in relation to the Services, MiShop shall have no liability for any loss or damage arising from Your failure to comply with the above provisions or any other unauthorised use.

6. TERMINATION

6.1 You may terminate the Service at any time by closing Your account by contacting MiShop through the Website. MiShop may terminate Your use of the Service immediately at any time without notice if You breach any of these terms or if you have not used the Service for a period of 6 months or more or in the event of any misuse of the Service or in the event of a dispute with a Merchant.

6.2 Termination of the Service shall not affect the accrued rights and liabilities of the parties or any obligations which are intended to survive termination. Your personal details shall be deleted from MiShop systems within 60 days of termination of this Agreement.

7. DATA PROTECTION AND PRIVACY

7.1 By registering for the Service, You consent to MiShop disclosing Your details (including payment information) in the UK and in any other country in which MiShop or its agents operate to Merchants and payment service providers solely in relation to the Services for the purpose of transacting and payment.

7.2 MiShop shall take all necessary steps to ensure that all data and information provided by You which comes into its possession or control in the course of providing the Services is protected and remains confidential and in particular MiShop shall not:

1. (a) use the data or information nor reproduce the data or information in whole or in part in any form except as may be required for the provision of the Services or
2. (b) disclose the data or information to any third party or persons not authorised by You under these Terms to receive it or as required fro the proper provision of the Services; or
3. (c) alter, delete, add to or otherwise interfere with the data or information (save where expressly required to do so by the terms of this Agreement).

7.3 You agree to receive a maximum of two non-transaction related SMS messages a week to your mobile phone from selected MiShop Merchants for promotional purposes. All SMS messages will be sent to you via MiShop Ltd.

8. LIMITATIONS/AVAILABILITY OF SERVICE

8.1 The Service is subject to any limitations from time to time including but not limited to incompatibility with certain models of mobile phone and lack of network coverage, service availability and network downtime. MiShop cannot and does not offer a continuous, uninterrupted or error free service and no warranty is given in this respect.

MiShop Services shall submit Your order to the Merchant and MiShop requires Merchant to acknowledge that order within a time frame consistent with the nature of the product or service being ordered. MiShop is not liable for the quality and timeliness of the products and service delivered by Merchant.

8.2 Without limitation, MiShop may at any time temporarily suspend/restrict access for back up, maintenance, repairs and improvements and/or give instructions to You regarding the use of the Service which MiShop believe are necessary for security or to maintain or improve the quality of the Service. You will comply with such instructions and, while they are in force, such instructions will be deemed to form part of this Agreement.

9. LIABILITY

9.1 Except as expressly provided herein, the Service and Software are provided "as is" and without warranty and MiShop makes no representations or warranties whether express or implied (by statute or otherwise) relating to the performance, quality, security or fitness for a particular purpose of the Service or the Software or any aspect of it or otherwise and all such representations and warranties are hereby specifically disclaimed and excluded. You acknowledge that certain aspects of the Service are dependent upon third parties, including but not limited to Merchants, third party payment service providers and telecommunications providers. MiShop cannot accept any responsibility or liability for their failings including any failure to deliver or supply the goods or services. For the avoidance of doubt, MiShop shall not be held liable (except where proven that MiShop has been grossly negligent) for any loss caused by failure to receive a message or incorrect processing of details for a purchase transaction, whether this is caused by a technical failure in MiShop systems or by a failure of third party systems.

9.2 It is the responsibility of the Merchant to ensure that information held in their Catalogue is accurate and up-to-date. MiShop gives no assurances that this is the case and is not liable for Merchant failure to do so.

9.3 MiShop excludes its liability to the maximum extent permitted by law whether under contract, tort (including negligence) or otherwise and in no circumstances (other than when MiShop is grossly negligent) shall MiShop be liable for indirect or consequential loss, loss of profit or damage of any nature. Nothing in these terms is intended to limit or exclude MiShop liability where we are not permitted to do so in terms of local law. MiShop shall not be held liable for any loss of or disruption to any other application or service stored on your mobile phone due to it being incompatible with the Service.

9.4 Notwithstanding the above, if MiShop is found liable for any reason, such liability shall (insofar as it may be limited by law) not exceed the total cost of the products or services purchased using the relevant aspect of the Service which is the subject of the claim.

10. GENERAL

10.1 This Agreement constitutes the entire agreement between You and MiShop relating to the use of the Service and the Software and supersedes all other agreements or understandings between MiShop and You. MiShop shall have the right to revise the terms of this Agreement at any time. MiShop will not be liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control. Notices to be given by MiShop under this Agreement may be given by email or otherwise as applicable. Notices by You must be sent to the address on the Website.

10.2 This Agreement is governed by the Laws of England and Wales and is subject to the exclusive jurisdiction of the English Courts.