Tommi’s Burger Joint Germany Terms of service

Tommi’s Burger Joint – Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING AND/OR DOWNLOADING OUR APP AND/OR USING OUR SERVICE.

BY DOWNLOADING OUR APP, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT DOWNLOAD OR USE OUR APP.

  1. WHO WE ARE

We are Tommi’s Burger Joint Ltd (“TBJ”). We are a company registered in England and Wales with company number 08113833. Our registered address is 30 Thayer Street, London, England, W1U 2QP.

  1. SCOPE OF THESE TERMS OF USE
    1. These are the terms and conditions on which our customers may use our app to order and pay for restaurant and catering services offered by TBJ’s participating franchisee restaurants (“Participating Restaurants”), find out information about our Participating Restaurants or collect and redeem rewards points and coupons.
    2. TBJ’s app is available on Apple’s App Store or Google Play for your mobile phone (“the Mobile App”), on our website, www.tommis.is (“the Web App”) or on the self-order kiosks in our Participating Restaurants (“the Kiosk App”). For the purpose of these terms and conditions, the Mobile App, the Web App and the Kiosk App are together referred to as “the App”.
    3. TBJ provides the App exclusively on the basis of these terms and conditions.
  2. PARTICIPATING RESTAURANTS
    1. TBJ sends your orders, via the App, to Participating Restaurants and facilitates the billing and payment of your orders. The services provided to you by TBJ via the App are hereinafter referred to as the “Services”.
    2. TBJ operates the App, which the Participating Restaurants can access in order to view, accept or reject your orders and payment details.
    3. The catering and restaurant services are provided by the Participating Restaurants directly, in their own name and on their own account. The Participating Restaurants do not act in any way for or on behalf of TBJ.
    4. The Participating Restaurants’ catering and restaurant services are provided on the basis of an agreement between you and the Participating Restaurants. TBJ is not a party to that agreement, and the terms of that agreement are not included in these terms of use.
    5. The Participating Restaurants have absolute discretion as to whether they accept your order and contract with you.
  3. APPSTORE USERS
    1. If you download the App from Apple’s App Store and / or are using the App on an Apple device the following additional terms shall apply and, to the extent that there is any inconsistency between the terms set out in this clause 4 and the rest of these terms and conditions, the terms set out in this clause 4 shall prevail:
      1. Acknowledgement: You and TBJ acknowledge that this contract is concluded between you and TBJ only, and not with Apple, and TBJ, not Apple, is solely responsible for the App and the content thereof. These terms and conditions do not provide for usage rules for licensed applications that are in conflict with the Apple Media Services Terms and Conditions.
      2. Scope of Licence: The licence granted to you for the App is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts which you hold, for example via Family Sharing or volume purchasing.
      3. Maintenance and Support: TBJ is solely responsible for providing any maintenance and support services with respect to the App, as specified in these terms and conditions, or as required under applicable law. You and TBJ acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
      4. Warranty: TBJ is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be TBJ’s sole responsibility.
      5. Product Claims: You and TBJ acknowledge that TBJ, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of the HealthKit and HomeKit frameworks.
      6. Intellectual Property Rights: You and TBJ acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, TBJ, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
      7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
      8. Developer Name and Address: Tommi’s Burger Joint Ltd is a company registered in England and Wales with company number 08113833. TBJ’s registered address is 30 Thayer Street, London, England, W1U 2QP and any questions, complaints or claims with respect to these terms and conditions may be directed to that address, via email to info@tommis.is or by telephone to +44 7885 557 221.
      9. Third Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the App, and you must not be in violation of your wireless data service agreement when using the App.
      10. Third Party Beneficiary: You and TBJ acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms and conditions, and that, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third party beneficiary thereof.
  4. GOOGLE PLAY USERS

If you download the App from Google Play, the ways in which you can use the App may also be controlled by Google Play’s rules and policies, including Google Play’s Terms of Service. Google is not a party to this agreement and has no responsibility or liability under it.

  1. CHANGES TO THESE TERMS
    1. TBJ may change these terms and conditions from time to time. TBJ will give you reasonable notice of any change by notifying you of the details of any change when you next use the App. If you do not accept the notified changes, you will not be permitted to continuing using the App.
    2. These are TBJ’s standard terms and conditions. Any changes which you propose to these terms and conditions will not be effective without TBJ’s prior written consent.
  2. PRIVACY

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.

  1. PLACING AND RECEIVING ORDERS
    1. Once you have downloaded the App, you may access location-specific menus or other information about the Participating Restaurants.
    2. You can place and pay for orders via the App, either at Participating Restaurants or (with the exception of the Kiosk App) for home delivery. In certain Participating Restaurants you may also pay for orders which you have placed with service staff.
    3. When your order is ready, you will be informed either via a push notification (for orders placed via the Mobile App) or via an SMS message (for orders placed via the Web App). If you place an order on the Kiosk App, the Participating Restaurant will either give you a puck, which will show you when your order is ready for collection, or display your order number on a screen.
    4. If the Participating Restaurant you are visiting uses guest localisation, your table number or your location in the Participating Restaurant will be determined either by you manually entering your table number into the App (if using the Mobile or Web App), or by a Bluetooth-enabled location device (if using the Kiosk App).
    5. If you have placed an order via the Mobile App, please ensure that you have enabled push notifications and activated Bluetooth in order to receive notifications from the Participating Restaurants about your order and to use their guest localisation services.
  2. USER ACCOUNT
    1. In order to use the Mobile App or the Web App you must create a user account.
    2. Your user account is unique to you and is not assignable or transferable to any other party.
    3. You are not permitted to have more than one user account.
    4. You guarantee that the information you provide to TBJ for the purposes of creating your user account is correct, complete and up-to-date at all times. In particular, you guarantee that you have provided your own name and, if necessary, a billing address for billing purposes. Please use the update functions to input any changes to your user information, as needed. TBJ is entitled to check, at any time, the identity information you provide.
    5. If your details are not correct, complete and up-to-date:
      1. communication with you and the collection of payment from you may not be possible;
      2. you may no longer be able to use or access the App; and/or
      3. TBJ may cancel, suspend or discontinue your user account.
    6. You are responsible for all activities on your user account.
    7. You must keep your username and password safe and confidential at all times.
  3. USING THE APP
    1. In order to download and use the App and create a user account you must be 18 years or older. By downloading and/or using the App you guarantee that you have capacity to enter into a binding legal contract with TBJ.
    2. By downloading and/or using the App, you agree:
      1. you will only use the App for your own private, non-commercial purposes;
      2. you will not allow third parties to access or use your user account;
      3. you will not assign, transfer or otherwise make your user account available to any other person;
      4. you will not use a third party’s user account;
      5. you will comply with all applicable laws when you use the App and you will only use the App for lawful purposes;
      6. you will not use the App to cause trouble, annoyance or inconvenience to TBJ, the Participating Restaurants or any third party;
      7. you will not interfere with the operation of the App;
      8. you will not corrupt, damage, or seek to damage, the App in any way;
      9. you will keep the password for your user account or any identification that TBJ provides to you to gain access to the App secure and confidential;
      10. you will provide TBJ with any proof of your identity that we deem appropriate; and
      11. you will not use the App with a non-compatible device.
    3. You are solely responsible for:
      1. ensuring the proper installation and functioning of the App on your device(s) and the internet or mobile data network (as applicable) required to access and use the App;
      2. paying any fees and charges which may arise or be incurred when accessing and/or using the App, for example from your mobile network provider;
      3. procuring and updating compatible hardware and software as necessary to use and access the App;
      4. downloading the correct version of the App for your device(s). This is particularly important when newer versions of the App are published. TBJ is not obliged to maintain older versions of the App or to ensure in any way that such older versions continue to work or are otherwise error-free. You should always update the App to the latest version, especially to use new functions.
    4. TBJ is not responsible for any issues or errors with the Service or the App caused by:
      1. your device(s), internet or mobile data network;
      2. your failure to use a compatible device to access and use the App; or
      3. your failure to download the correct version of the App for your mobile device.
  4. PAYMENT
    1. You must provide a valid credit card or other payment method when placing an order via the App.
    2. You must pay for the orders you place via the App immediately on check-out.
    3. You must pay for any taxes that are associated with your account.
    4. The prices for the food and beverages on offer at each of the Participating Restaurants can usually be found on the App. These prices are determined and made available by the Participating Restaurants and are changed and updated from time to time. It is your responsibility to ascertain the correct and current prices from Participating Restaurants.
    5. TBJ uses an external payment processor, SIX Payment Services (Europe) S.A. (the “Payment Processor”), to connect your specified payment method to the App. The Payment Processor will settle your payment with the Participating Restaurant by acting as the authorised agent of the Participating Restaurant. The payments you make via the App will be treated as if you made them directly to the Participating Restaurant.
    6. The processing of payments, if applicable, in connection with your use of the App is subject to the terms and conditions and the privacy policies of the Payment Processor and your bank, in addition to these terms of use. TBJ is not responsible for any errors made by the Payment Processor or your bank.
  5. COLLECT AND REDEEM REWARDS POINTS AND COUPONS
    1. You can collect rewards points by placing orders via the App. Please see the App or relevant promotion conditions for information about the number of points which may be granted.
    2. The purchase of merchandise, vouchers and any delivery costs or tips which may apply to your orders will not generate rewards points.
    3. To collect your rewards points, you must be logged in to the App with your user account at the time of ordering. It is not possible to collect points retrospectively.
    4. If an order for which you have received rewards points is not provided, for example if it is cancelled, TBJ reserves the right to cancel the corresponding rewards points.
    5. TBJ will credit the rewards points which you have collected to a rewards points account. You can check your current rewards points balance at any time via the App. In addition, TBJ may send you messages about your current rewards points balance.
    6. Objections to the accuracy of your notified rewards points balance must be made in writing within one month of the date of the notification to info@tommis.is or 30 Thayer Street, London, England, W1U 2QP. Unless you issue an objection within this time period, you will be deemed to accept the notified rewards points balance. If you issue an objection to your notified rewards points score after this time period, you must provide evidence of why your notified rewards points balance was incorrect at the time of the notification.
    7. TBJ may, from time to time, send you coupons, for example as push notifications, via the App.
    8. Subject to availability, you can redeem your rewards points or coupons for various benefits which are regularly updated.
    9. It is not possible to claim your rewards points or coupons in the form of cash.
    10. After a termination of your contract with TBJ, you can no longer collect new rewards points and you may not be able to redeem existing rewards points in your points account.
    11. You may only transfer rewards points to third parties with the prior written consent of TBJ.
  6. INTELLECTUAL PROPERTY

Except for intellectual property rights owned by TBJ, its licensors, Participating Restaurants or other third parties, all intellectual property rights in the App and any related documentation throughout the world belong to or are licenced by Menu Technologies AG (“Menu”). MENU and its licensors reserve all rights not expressly granted in these terms and conditions.

  1. LICENCE
    1. Subject to clause 14.2 and provided you fully comply with these terms and conditions, TBJ, as MENU’s licensee, grants you a restricted, non-exclusive, revocable and non-transferable sublicense (without the right to further sublicence) to:
      1. use and access the App on your personal device(s); and
      2. access all content, information and associated materials made available via the App and to use the same for your own, private and non-commercial purposes.
    2. You are not permitted to:
      1. rent, transfer, lease, sub-licence, loan, provide or otherwise make available, the App in any form, in whole or in part to any person;
      2. translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
      3. remove references to copyrights, trademarks or other intellectual property rights from the App or any part of it;
      4. reproduce, modify, create, distribute, sublicense, rent, sell, resell, transfer, make public, stream, broadcast or otherwise exploit or transmit the App;
      5. 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, unless and to the extent permitted by law;
      6. link, frame or mirror a part of the App;
      7. develop or install programs or scripts with the aim of scraping, indexing, surveying, data mining or unduly restricting or hindering the operation or function of all or part of the App; or
      8. attempt to gain or interfere with unauthorised access to any part of the App and the systems or networks connected to it.
    3. For the avoidance of doubt these terms of use do not grant you any rights:
      1. to or in relation to the App, except under the limited terms of the license granted in this clause 13; or
      2. to use or reference MENU’s or TBJ’s or any Participating Restaurants’ company names, logos, brands, other trademarks, or those of MENU or TBJ’s licensors.
  2. USER CONTENT
    1. TBJ may, in its sole discretion, allow you to submit, upload or publish to the App, audio files, images, and/or comments and feedback (“User Content”).
    2. You are the owner of all User Content which you submit, upload or publish to the App.
    3. Subject to clause 15.4, you grant TBJ and MENU a worldwide, royalty-free, irrevocable, and transferable licence to use, reproduce, distribute, modify and publish your User Content (with a right to sub-licence the same).
    4. You guarantee that:
      1. you are either the sole and exclusive owner of all your User Content or have all the requisite rights, licenses, consents and exemptions required to provide User Content under the license granted in this clause 15 to TBJ and MENU; and
      2. neither your User Content nor its transmission, uploading, publication or other disclosure by TBJ and/or MENU will violate the intellectual property or other rights of third parties or violate applicable laws or regulations.
    5. You agree not to post, transmit, upload, communicate, publish, or make available any User Content that is offensive, defamatory, violent, obscene, pornographic, otherwise objectionable or unlawful.
    6. TBJ and MENU have the right to review, monitor and remove User Content in its and/or their sole discretion. For the avoidance of doubt, there is no obligation on TBJ and/or Menu to check, monitor or remove User Content.
  3. THIRD PARTY CONTENT

Third parties may use and access the App for the purposes of promoting or advertising their services and/or content. Third party terms of use and privacy policies may apply in respect of those services and/or content and TBJ is not responsible or liable for any goods, services or content advertised or provided by third parties.

  1. TERMINATION AND CANCELLATION
    1. Either you or TBJ may cancel your user account and/or the App at any time, without reason or notice.
    2. TBJ may, at any time and without reason:
      1. restrict, suspend or terminate your user account and/or your access to the any or all of the Services or the App; and/or
      2. refuse to provide any or all of the Services and/or the App to you,

and TBJ will notify you of the same.

    1. TBJ reserves the right to cancel your user account at any time and without notice if you fail to comply with any or all of these terms and conditions.
  1. INDEMNIFICATION

You undertake to indemnify TBJ, MENU, the Participating Restaurants, their subsidiaries, licensors, directors, employees and contractors against all claims, costs, damages and/or losses arising out of or in connection with your violation of any provision of these terms and conditions, applicable laws, and/or third party rights.

  1. DISCLAIMER
    1. The App is provided to “AS IS” and “AS AVAILABLE”.
    2. We do not guarantee that the App is free of errors, defects, malware and viruses or that the information available on the App is correct and/or up-to-date.
    3. We make no representations or guarantees that the App will not be interrupted or is otherwise error-free, and we make no guarantee regarding the reliability, quality, suitability or availability of the App. Temporary interruptions or errors may arise from time to time and the App may be subject to restrictions, malfunctions, delays or other problems.
  2. LIMITATION OF LIABILITY
    1. Nothing in these terms shall limit or exclude TBJ’s liability for: death or personal injury resulting from our negligence; fraud or fraudulent misrepresentation; and any other liability that cannot be excluded or limited by English law.
    2. Subject to clause 20.1, TBJ excludes all liability, whether arising in contract, in negligence or otherwise, for:
      1. any errors or omissions in relation to the content on the App or for any technical problems which you may experience with the App;
      2. any loss or damage which you or any third party may incur in connection with the App or the Services;
      3. any loss or damage caused by your use or misuse of the App, or any malware or viruses which affect the App.
  3. ASSIGNMENT

You may not assign, transfer, sub-licence or sub-contract and or all of your rights and obligations under these terms of use.

  1. GOVERNING LAW AND JURISDICTION
    1. These terms of use and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
    2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms of use.