TERMS & CONDITIONS – CHECK-IN SERVICE
Last updated: 24 August 2020
THESE TERMS OF USE APPLY TO ALL USE OF THE YUMPINGO CHECK-IN SERVICE. BY CONTINUING TO USE THE SERVICE YOU ARE INDICATING YOUR ACCEPTANCE OF THEM.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICE AS THEY CONTAIN IMPORTANT TERMS INCLUDING TERMS THAT RELATE TO HOW YUMPINGO WILL USE YOUR PERSONAL DATA.
These terms and conditions of use (together with the various documents referred to in them) set out the terms of use on which you may make use of our restaurant ‘check-in’ service (the “Service”). Use of the Service includes accessing it, perusing it, or using any of the functionality offered via it.
Please read these terms and conditions of use carefully before you start to use the Service as they represent a binding legal agreement and you will be bound by them.
By using the Service, you confirm that you accept these terms and conditions of use and that you agree to comply with them.
Other Applicable Terms & Policies
The following additional terms also apply to your use of the Service:
Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
Our Cookie Policy, which sets out information about the cookies used on the Service.
For ease of reading, we have divided these terms into several sections:
Please note that we reserve the right to revise or amend these terms at any time to reflect changes to our business or changes in the law. Where these changes are significant we will endeavour to e-mail all of our registered users to make sure that they are informed of such changes. However, it is your responsibility to check these terms before each use of the Service.
Information about the owner of the Service
The Service is operated by YUMPINGO LTD (“we”, “our”, “us” “Yumpingo”). We are registered in England and Wales under company number 10129221 and have our registered office at 5 Technology Park, Colindeep Lane, Colindale, London, United Kingdom, NW9 6BX. You can contact us by writing to us at support@yumpingo.com.
Data Protection
In using the Service you may input details from which you can be personally identified, such as your name, telephone number, and/or e-mail address (such details “Personal Data”). You agree that Yumpingo shall be entitled to collect, use and store such Personal Data, as well as other data relating to your general use of the Services and other non-identifying information which you may input to it.
You acknowledge and agree that we will process and share your Personal Data on the basis set out in our Privacy Policy and, as applicable, on the specific terms set out in this section. You acknowledge that this Section supplements the Privacy Policy and is not intended to override or replace it.
How we will use and share your Personal Data further to the Services?
In addition to the uses set out in the Privacy Policy, we will use your Personal Data as part of the Government’s ‘track and trace’ scheme to assist NHS Test and Trace and in relation to the easements of the coronavirus (COVID-19) restrictions.
We will also use your Personal Data: to send you an email/SMS message asking for feedback on your experience with our partner; where you give us your consent that we, or our partners, can send you email marketing messages.
Further to the uses listed above, and in addition to the sharing of your Personal Data described in the Privacy Policy, you consent and agree to our sharing of your Personal Data with any of our partners or third parties, as applicable, if required to do so by law or if we believe that such action is necessary or we are under a duty to disclose or share your Personal Data further to the Government’s ‘track and trace’ scheme.
How long do we keep your Personal Data further to the Services?
In addition to the terms set out in the Privacy Policy, we will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
In relation to the Personal Data collected solely to the Services, excluding where you have given consent to receive e-mail marketing messages from us or our partners which shall be governed by the terms of our Privacy Policy, we will only hold your Personal Data on our systems for 21 days as recommended further to the Government’s ‘track and trace’ scheme.
We May Suspend or Withdraw Our Service
We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Service for business and operational reasons.
Your Responsibilities
When using this Service and our online communications infrastructure including email and any enquiry forms that we may offer users or add in the future on this Service you agree:
Intellectual Property
Yumpingo is the owner and/or the licensee of all intellectual property rights inherent in the Service, and in the material published on it including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software. Unless specifically stated otherwise, nothing in these terms or on the Service shall give effect to any transfer of such intellectual property rights from us to you.
You acknowledge and agree that you have no intellectual property rights in the Service and your sole right to use the intellectual property inherent in the Service is a non-exclusive licence to make use of such content only as is strictly necessary to enable you to access the Service.
You must not use the Service nor any part of the content on or of the Service for commercial purposes without obtaining a licence to do so from us or our licensors.
Indemnity and Limitation of our liability
You acknowledge that you are responsible for any material that you post on the Service and that if you breach any of these terms and conditions you may be personally liable to any third party that suffers harm as a result.
You agree to indemnify and keep indemnified us, our successors and assigns, our directors, trustees, offices, employees and agents from and against all liabilities, claims, losses, costs, damages and expenses including legal fees which are reasonably incurred by us should you breach any of these terms and conditions.
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
Further, you acknowledge that the author of each posting on this Service is responsible for his or her comments. Insofar as the law permits, we shall not be liable for any loss, damage or distress incurred as a result of material posted on the Service.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, personal device, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any content from it, or from any Service linked to it.
Events Outside our Control
We will not be liable or responsible for any failure to perform, or delay in performance or, any of our obligations under these terms of use that is cause by an Event Outside Our Control (as defined in the paragraph below).
An “Event Outside Our Control” means: any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications.
If an Event Out Our Control takes place that affects the performance of our obligations under these terms of use our obligations under these terms of use will be suspended and the time for performance of our obligations will be extended for the duration of the Even Outside Our Control.
Viruses
We do not guarantee that the Service will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Service. You should use your own virus protection software.
You must not misuse the Service 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 Service, the server on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack. 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 Service will cease immediately.
Third party website links & resources in the Service
Where the Service 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.
We assume no responsibility for the content of websites linked to and from the Service. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
If you do link from the Service to other websites, your use thereof will also be subject to those websites’ terms and conditions.
Applicable law
Please note that these terms and conditions of use, and their subject matter are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any disputes. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms and conditions of use and their subject matter (and any non-contractual disputes or claims) are governed by English law. You and we both agree to the exclusive jurisdiction of the courts of England and Wales.
Contact Us
You can write to us at our registered office at:
5 Technology Park, Colindeep Lane, Colindale, London, United Kingdom, NW9 6BX
Alternatively, please email us at support@yumpingo.com.