Terms of Use

In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Content”
means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Products.

“We / Us / Our / Blinq”
means Blinq Ltd, a limited company registered in England (company No. 11788426) with registered address at 1 Kings Avenue, London, United Kingdom, N21 3NA.

“Customer”
the party wishing to use Our Services in connection with the Blinq Customer application of Our Products.

“Restaurant”
the party and its employees wishing to use Our Services in connection with the Products, including but not limited to restaurants, bars, beaches, hotels, stadiums and similar hospitality businesses.

“you”
Customer and / or Restaurant.

“Stripe”
a technology company that builds economic infrastructure for the internet. Stripe is a PCI DSS compliant payment gateway to store, process and transmit a user’s credit or debit card payment data with trading address at 510 Townsend St., San Francisco, CA 94103, ( www.stripe.com/gb/about ).

Our site, www.blinqme.com and Our Products are owned and operated by Blinq.

1. It is your responsibility to make any and all arrangements necessary in order to access Our Products.
2. You represent and warrant that you are of legal age and not prohibited by law from accessing or using Our Services.
3. Access to Our Products is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Products (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Products (or any part of it) is unavailable at any time and for any period.
4. In case you are a Restaurant and by accepting these Terms of Use, you agree for us to promote your company / restaurant including your logo and trading address.

We shall have the right at any time to change or modify the Terms of Use applicable to your use of Our Products, or any part thereof, or to impose new Terms, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Our Products, by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of Our Products by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.

1. If you register for an account on Our Products (“Account”), you agree to (a) provide and maintain accurate, current and complete information as may be prompted by any registration forms on Our Products (“Registration Data”); (b) maintain the security of your password/s; (c) maintain and promptly update the Registration Data, and any other information you provide to Our Products, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information or data you provide to Our Products or through Our Services. You are responsible for all activity on your Account, and for charges incurred by your account on Our Products.
2. The Registration Data will also include your password in order to open your Account, or other secure login method, and may also have your credit card details in connection with your subscription to Our Products. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your Account, you will be responsible to pay for any items they order, and We are not responsible for any other losses you suffer.
3. You may close your Account at any time by choosing to deactivate in your Account settings of Our Products or contacting us using our contact details. We may suspend your access to your Account, or close it permanently, if We believe that your Account has been used by someone else. We may also close your Account if in Our opinion you are abusing Our Services.

1. All Content included on Our Products and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
2. Subject to sub-Clauses 6.3 and 6.5 you may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content from Our Products unless given express written permission to do so by Us.
3. You may:
   • Access, view and use Our Products in a web browser (including any web browsing capability built into other types of software or app).
   • Download Our Products (or any part of it) for cachin
   • Print copies of any page from Our Products.
   • Download extracts from pages on Our Products.
   • Save pages from Our Products for later and / or offline viewing.
4. Our status as the owner and author of the Content on Our Products must always be acknowledged.
5. You may not use any Content saved or downloaded from Our Products for commercial purposes without first obtaining a license from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Products for general information purposes whether by business users or consumers.

1. You may link to Our Products provided that:
   • You do so in a fair and legal manner.
   • You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists.
   • You do not use any logos or trademarks displayed on Our Products in pursuant to clause 6, without Our express written permission.
   • You do not do so in a way that is intended to damage Our reputation or to take unfair advantage of it.
2. You may link to any page of Our Products.
3. Framing or embedding of Our Products on other websites is not permitted without Our express written permission. Please contact us at [email protected] for further information.
4. You may not link to Our Products from any other site the main content of which contains material that:
   • Is obscene, deliberately offensive, hateful or otherwise inflammatory.
   • Promotes violence.
   • Promotes or assists in any form of unlawful activity.
   • Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age.
   • Is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person.
   • Is calculated or is otherwise likely to deceive another person.
   • Is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy.
   • Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4).
   • Implies any form of affiliation with Us where none exists.
   • Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party.
   • Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

Links to other sites may be included throughout Our Products. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Products is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

1. Age restricted products (including, without limitation, alcohol) can only be sold to persons aged 18 or over. By placing an order for an age restricted product, the Customers must confirm that they are at least 18 years old and the Restaurant is responsible to ask from the Customer to provide valid photo ID proving that they are aged 18 or over. The Restaurant shall refuse to serve alcohol to any person who is under the age of 18.
2. The Restaurant is solely responsible to supervise and provide age restricted products to Customers that are at least 18 years old and Blinq does not have any liability towards that.

The Customer shall notify directly through person or through Our Products the Restaurant, if the Customer or any of the diners using Our Products through the Customer, have any allergies prior to ordering. The Restaurant may use nuts or other allergens in the preparation of certain items. The Customers should not be dependent on Our Products to notify the Restaurant. Customers are fully responsible for making sure the Restaurant is aware of their circumstances by informing in-person, in order to ensure that any food and beverage is safe and free of Customer’s specific allergens. The Restaurant is responsible to ask the Customers if they have any allergies and take proper measures for the Customers’ safety.

Blinq cannot guarantee that any of the items sold by the Restaurants are free of allergens and cannot control the food provided by the Restaurants to the Customers. Blinq is not liable and cannot guarantee that any of the items sold by the Restaurants shall not cause any allergic reaction to the Customers.

Fees and any other charges for the use of Our Services are described on Our Products. They may change from time to time with a prior written notice to you. If they do change, your continued use of Our Services after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs but shall apply to any subsequent billing period.

You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.

All pre-paid subscriptions, or other fees are non-refundable and subject to any additional payment or other Terms of Use provided for in the applicable quotation or order documentation.

1. Insofar as is permitted by law, We make no representation, warranty or guarantee that Our Products will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
2. We make reasonable efforts to ensure that the Content on Our Products is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

1. To the fullest extent permissible by law, We accept no liability to you for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Products or the use of or reliance upon any Content included on Our Products.
2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Products or any Content included on Our site.
3. If you are a Customer, We are not responsible for any misrepresentation of food and beverage provided by the Restaurants, including anything related with dietary preferences and allergies. We accept no liability for any allergic reaction occurred by food or beverage provided by the Restaurants as the Restaurants are solely responsible to take precautionary measures and care for Customers’ allergies.
4. If you are a Restaurant, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
5. We exercise all reasonable skill and care to ensure that Our Products are free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Products (including the downloading of any Content from it) or any other site referred to on Our Products.
6. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Products resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
7. We are not liable in any way for (a) any inaccuracy of, error or delay in, or omission of the Content; or (b) any loss or damage arising from or occasioned by i) any error or delay in the transmission of Our Products; ii) interruption in any of Our Products due either to any negligent act or omission by any party to any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, pandemic disease, communications or power failure, equipment or software malfunction), or iii) to any other cause beyond the reasonable control of Blinq, or iv) non-performance.
8. Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability in connection with Our Products and subject to clause 10 herein, which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

1. We exercise all reasonable skill and care to ensure that Our Products is secure and free from viruses and other malware.
2. You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Products.
4. You must not attempt to gain unauthorised access to any part of Our Products, the server on which Our Products are stored, or any other server, computer, or database connected to Our Products.
5. You must not attack Our Products by means of a denial of service attack, a distributed denial of service attack, or by any other means.
6. By breaching the provisions of sub-clauses 14.3 to 14.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Products will cease immediately in the event of such a breach.

1. You may only use Our Products in a manner that is lawful. Specifically:
   • You must ensure that you comply fully with any and all local, national or international laws and / or regulations.
   • You must not use Our Products in any way, or for any purpose, that is unlawful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (including, but not limited to, any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable.
   • You must not use Our Products to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind.
   • You must not use Our Products in any way, or for any purpose, that is intended to harm any person or persons in any way.
2. We reserve the right to suspend or terminate your access to Our Products if you materially breach the provisions of this Clause 15 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:
   • Suspend, whether temporarily or permanently, your right to access Our Products.
   • Issue you with a written warning.
   • Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach.
   • Take further legal action against you as appropriate.
   • Disclose such information to law enforcement authorities as required or as We deem reasonably necessary.
   • Any other actions which We deem reasonably appropriate (and lawful).
3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

Use of Our Products are also governed by Our Privacy and Cookie Policies, available at www.blinqme.com/privacy-policy and www.blinqme.com/cookies, respectively. These policies are incorporated into these Terms of Use by this reference.

If you have further questions regarding our Terms of Use, please contact us by using one of the following methods:

• Live-chat feature on our website
• Email us directly at [email protected]

1. If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms of Use.
2. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt-out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt-out of receiving emails from Us at any time, it may take up to 15 business days for us to comply with your request. During that time, you may continue to receive emails from Us.
3. For questions or complaints about communications from us (including, but not limited to marketing emails), please contact us at [email protected].

1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy www.blinqme.com/privacy-policy and Cookie Policy .