Terms of use

This page (together with the documents referred to on it) tells you the terms on which you may use the zapaygo smartphone application (the “App”) and/or our website www.zapaygo.com (“Our Site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the App and/or Our Site. By using the App and/or Our Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the App and/or Our Site.

(When placing an Order) Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to place an Order through the App and/or Our Site.

The App and Our Site are only intended for use by people and businesses located in the United Kingdom.

  1. 1 Interpretation
    1. 1.1 The definitions in this clause apply to these Terms: “Contract” means the contact for the sale and purchase of Goods between you and the Establishment formed in accordance with clause 10. “Establishment” the public house, public bar, nightclub or other business that offers its Goods for sale via the App and/or Our Site. “Goods” any items advertised for sale by an Establishment via the App and/or Our Site. “Order” an offer to purchase Goods from an Establishment made via the App. “Payment Account” the account you have registered with us from which payment in respect of Orders is to be taken. “Terms” the terms and conditions set out in this document. “We/us/ours” zapaygo Limited. “Writing or Written” includes e-mail and electronic messaging but does not include faxes.
    2. 1.2 Headings do not affect the interpretation of these Terms.
  2. 2 Information About Us
    1. 2.1 We operate the App and Our Site. We are zapaygo Limited, a company registered in England and Wales under company number 8458082 with our registered at The Old Bank Chambers, 27 Lincoln Croft, Shenstone, Staffordshire, WS14 0ND. We are a limited company.
  3. 3 Accessing Our Site
    1. 3.1 Access to the App and/or Our Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the App and/or Our Site without notice (see below). We will not be liable if for any reason the App and/or Our Site is unavailable at any time or for any period.
    2. 3.2 From time to time, we may restrict access to some parts of the App and/or Our Site, or the entirety of the App and/or Our Site, to users who have registered with us.
    3. 3.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
    4. 3.4 When using the App and/or Our Site, you must comply with the provisions of our acceptable use policy.
    5. 3.5 You are responsible for making all arrangements necessary for you to have access to the App and/or Our Site. You are also responsible for ensuring that all persons who access the App and/or Our Site through your internet connection are aware of these terms, and that they comply with them.
  4. 4 Intellectual Property
    1. 4.1 We are the owner or the licensee of all intellectual property rights in the App and Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. 4.2 You may print off one copy, and may download extracts, of any page(s) from the App and/or Our Site for your personal reference and, if applicable, you may draw the attention of others within your organisation to material posted on the App and/or Our Site.
    3. 4.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. 4.4 Our status (and that of any identified contributors) as the authors of material on the App and/or Our Site must always be acknowledged.
    5. 4.5 You must not use any part of the materials on the App and/or Our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
    6. 4.6 If you print off, copy or download any part of the App and/or Our Site in breach of these terms of use, your right to use the App and/or Our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  5. 5 Reliance of Information Posted
    1. 5.1 Commentary and other materials posted on the App and/or Our Site 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 visitor to or user of the App and/or Our Site, or by anyone who may be informed of any of its contents.
  6. 6 The App and Our Site Change Regularly
    1. 6.1 We aim to update the App and/or Our Site regularly, and may change the content at any time. If the need arises, we may suspend access to the App and/or Our Site, or close it indefinitely. Any of the material on the App and/or Our Site may be out of date at any given time, and we are under no obligation to update such material.
  7. 7 Our Liability – Your Attention is Particularly Drawn to this Clause
    1. 7.1 The material displayed on the App and/or Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
      1. 7.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
      2. 7.1.2 Subject to clause 7.3, any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the App and/or Our Site or in connection with the use, inability to use, or results of the use of the App and/or Our Site, any websites linked to it and any materials posted on it, including, without limitation:
        1. loss of income or revenue;
        2. loss of business;
        3. loss of profits or contracts;
        4. loss of anticipated savings;
        5. loss of data;
        6. loss of goodwill; and
        7. wasted management or office time. whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
    2. 7.2 We are not liable to you in respect of the quality of the goods supplied to you by an Establishment or the quality of an Establishment’s services, the Establishments are directly liable to you in these respects. However, if you have any concerns regarding any of the Establishments, please contact us atsupport@zapaygo.com
    3. 7.3 Nothing in this clause 7 seeks to limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
  8. 8 Information About You and Your Visits to Our Site
    1. 8.1 We process information about you in accordance with our privacy policy. By using the App and/or Our Site, you consent to such processing and you warrant that all data provided by you is accurate.
  9. 9 Transactions Concluded Through the App and/or Our Site
    1. 9.1 Where you place an Order, you contract directly with the Establishment offering the Goods comprised in the Order for sale and not with us. Our role is limited to providing a service to you whereby you are able to contract with the Establishment directly and we are able to collect payment for the Goods you have purchased from an Establishment on behalf of that Establishment.
    2. 9.2 We use the services of First Data to collect payments from you on behalf of the Establishments. When accepting these Terms, you agree to our use of First Data for the collection of payments from your Payment Account and accept and agree to comply with and be bound by First Data’s terms of use, security policy and privacy policy.
    3. 9.3 We are not a party to and are not liable to you in respect of any contracts concluded with any Establishment using the App and/or Our Site. The Establishment is directly liable to you in respect of such contracts. Any liability we may have to you is limited in accordance with clause 7 above.
  10. 10 Placing an Order
    1. 10.1 Placing an Order constitutes an offer by you to the Establishment to enter into a binding contract with the Establishment for the sale of the goods comprised in the Order on the basis of these Terms, which the Establishment is free to accept or reject at their absolute discretion.
    2. 10.2 At the time of placing an Order that includes one or more alcoholic drinks, you warrant to us and the Establishment that:
      1. 10.2.1 you are at least 18 years of age;
      2. 10.2.2 you are legally capable of entering into binding contracts;
      3. 10.2.3 you are not violating any laws (either by placing the Order or otherwise);
      4. 10.2.4 you are not intoxicated or drunk;
      5. 10.2.5 you are buying the goods for your own consumption or for the consumption of others who are also over the age of 18 and not intoxicated or drunk;
      6. 10.2.6 you are located in the United Kingdom; and
      7. 10.2.7 you have photographic ID and will produce this ID to the Establishment on request.
    3. 10.3 After placing an order through the App, payment from your Payment Account will be pre-authorised to the value of the Goods, however, payment will not be taken at this point.
    4. 10.4 You will then receive a push notification and/or email to confirm that your Order has been received by the Establishment (the “1st Push Notification”). At this stage the Contract shall be formed. You may amend or cancel your Order at any point before the 1st Push Notification has been received.
    5. 10.5 You will receive a further push notification and/or email (the “2nd Push Notification”) once your Order is ready for collection and/or delivery to your table (if a delivery service is operated by the Establishment).
    6. 10.6 Once your Order has been collected by you or delivered to you in accordance with clause 10.5, the payment which was pre-authorised when you placed your Order will be taken from your Payment Account.
    7. 10.7 Each order that you place can be identifed by a unique alpha numeric ID. This ID can be used to prove to the bar that you placed the order.
    8. 10.8 The Establishment reserves the right to refuse to fulfil your Order or to terminate the Contract in the event that:
      1. 10.8.1 any of the warranties in clause 10.2 are untrue;
      2. 10.8.2 fulfilling your Order would amount to a breach of any applicable laws or regulations in force from time to time; or
      3. 10.8.3 it would be, as decided in the sole discretion of the Establishment, inappropriate to complete the Order.
  11. 11 Viruses, Hacking and Other Offences
    1. 11.1 You must not misuse the App and/or Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App and/or Our Site, the server on which Our Site is stored or any server, computer or database connected to the App and/or Our Site. You must not attack the App and/or Our Site via a denial-of-service attack or a distributed denial-of service attack.
    2. 11.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App and/or Our Site will cease immediately. 11.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the App and/or Our Site or to your downloading of any material posted on it, or on any website linked to it.
  12. 12 Using the App
    1. 12.1 The App is licensed and not sold to you for use only in accordance with these Terms. We reserve all rights not expressly granted to You.
    2. 12.2 This license granted to you for the App by us is limited to a non-transferable license to use the App on any smartphone that you own or control and as permitted by the acceptable use policy. This license does not allow you to use the App on any smartphone that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.
    3. 12.3 These Terms will apply to any upgrades provided by us that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will apply.
    4. 12.4 In using the App, you will not:
      1. 12.4.1 rent, lease, lend, sell, redistribute or sublicense the App; or
      2. 12.4.2 attempt to copy, duplicate, modify, create derivative works from or distribute all or any part of the App except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties; or
      3. 12.4.3 attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the App, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties; or
      4. 12.4.4 access all or any part of the App in order to build a product or service which competes with the App; or
      5. 12.4.5 attempt to obtain, or assist third parties in obtaining, access to the App, other than as provided under this clause 12. Any attempt to do any of the above is a violation of this licence. If you breach any of the terms of this licence, you may be subject to prosecution and damages.
    5. 12.5 You will use reasonable endeavours to prevent any unauthorised access to, or use of, the App and notify us promptly of any such authorised access or use.
      1. 12.5.1 Where the App has been downloaded onto an Apple, Inc. devise, the terms of Apple, Inc’s “Licensed Application End User Licence Agreement” as in force at the date of downloading the App (the “Apple EULA”) are expressly incorporated into these Terms except where inconsistent with these Terms. In the event of any inconsistency between these Terms and the Apple EULA, the provisions of these Terms shall prevail. In particular clause 15 of these Terms will prevail over sub-clause (i) of the Apple EULA, which is specifically excluded.
  13. 13 Linking to Our Site
    1. 13.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    2. 13.2 You must not establish a link from any website that is not owned by you.
    3. 13.3 Our site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
    4. 13.4 If you wish to make any use of material on Our Site other than that set out above, please address your request to support@zapaygo.com
  14. 14 Linking from Our Site
    1. 14.1 Where the App and/or 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.
  15. 15 Uploading Material to the App and/or Our Site
    1. 15.1 Whenever you make use of a feature that allows you to upload material to the App and/or Our Site, or to make contact with other users of the App and/or Our Site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution compiles with those standards, and you indemnify us for any breach of that warranty.
    2. 15.2 Any material you upload to the App and/or Our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the App and/or Our Site constitutes a violation of their intellectual property rights, or of their right to privacy. 15.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the App and/or Our Site.
    3. 15.4 We have the right to remove any material or posting you make on the App and/or Our Site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
  16. 16 Please Drink Responsibly
    1. 16.1 You agree that you will only use this App and/or Our Site to drink responsibly and that you are solely responsible for monitoring your drinking.
    2. 16.2 If you feel that you have a problem with alcohol and want to seek help, please talk to your doctor or visit the Drink Aware Trust’s website.
  17. 17 Jurisdiction and Applicable Law
    1. 17.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, these Terms, any Order, the use of the App and/or a visit to Our Site.
    2. 17.2 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England.
  18. 18 Trade Marks
    1. zapaygo is a trade mark of zapaygo Limited, all rights are reserved in relation to that mark.
  19. 19 Variations
    1. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the App and/or Our Site.
  20. 20 General
    1. 20.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
    2. 20.2 No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
    3. 20.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999 save for the Establishments. 21 Your Concerns If you have any concerns about material which appears on the App and/or Our Site, please contactinfo@zapago.com