APP TERMS OF USE

PLEASE READ THESE LICENCE TERMS OF USE CAREFULLY

TO USE THE MOBILE APP YOU WILL NEED TO CLICK ON THE "ACCEPT" BUTTON BELOW AND BY CLICKING ON THE “ACCEPT” BUTTON YOU AGREE TO THESE TERMS OF USE AND OUR GENERAL TERMS AND CONDITIONS (the GENERAL TERMS) AS SET OUT in SECTION 4 ON OUR TERMS & CONDITIONS PAGE WHICH FORM A BINDING CONTRACT BETWEEN US (together the TERMS). BY CONTINUING TO USE THE APP (AS DEFINED BELOW) YOU ARE DEEMED TO HAVE CONSENTED TO THESE TERMS.

You must be 18 or over to accept these Terms, download the App (as defined below) and use our website www.stacklesiure.com (the Site)

DO NOT USE THE APP TO PLACE ANY ORDERS IF YOU HAVE ANY FOOD ALLERGIES (see below).

IF YOU DO NOT AGREE TO THE TERMS, CLICK ON THE "REJECT" BUTTON BELOW, CEASE TO ACCESS THE APP AND DELETE THE APP FROM YOUR DEVICE.

Who The Hold Group Limited are and what these Terms do

We, The Hold Group Limited of Patrick House, Gosforth Park Avenue, Newcastle Upon Tyne, England, NE12 8EG (referred to as the Hold Group, We or Us) license you to use the Stack mobile application software (App) and any updates or supplements to it during your visit at any of our Stack locations (the Stack Venues), as permitted in the Terms.

Purpose of the App

Local Traders (Traders) located in the Stack Venues advertise and sell their products (the Traders’ Products) and We also advertise and sell our own products (Stack Products) for consumption from the Holy Duck, ZZA, CHAPOS TACOS and YOLO Coffee & Kitchen units (the Stack Units) within the Stack Venues through the App. The App provides a simple way for you to communicate your on-premises orders for the Traders’ Products and/or the Stack Products and for Us and/or the Trader(s) to have your order ready for you to collect from either Us at the Holy Duck, ZZA, and YOLO Coffee & Kitchen units or from the Trader at the individual Trader’s unit (the Trader’s Unit) within the Stack Venues. The App allows you to reserve tables at the Stack Venues and contains content about events We are hosting at the Venue Locations as well as event updates and advertising information.  

Orders placed on the App

When you place an order to purchase either the Traders’ Products and/or the Stack Products via the App, it will be sent to either the Trader and/or Us for their/our acceptance and you will be issued with one order number.  You will not be issued with different order numbers for each of the Traders’ Products and the Stack Products.  When you place an order you are required to choose a time slot and this time slot will be the time that you are required to collect your order from the Trader’s Unit and/or the Stack Units. If We and/or the Trader accept your order a confirmation email will be sent to you and your payment will be processed through the third party payment merchant, Braintree Merchant Services Limited (Braintree) (see PAYMENT below). 

The legal contract for the supply and purchase of Traders’ Products via the App is made directly between you and the Trader, We are not party to that contract.  The legal contract for the supply and purchase of the Stack Products via the App is made directly between you and Us and is made in accordance with the GENERAL TERMS (see Section 4 of this webpage).

You must collect your order from the Stack Units and/or the Trader’s Unit (as relevant) at the time slot you choose when you placed the order (see above). Your order will not be delivered to your table.

You must ensure that when you place an order for the Traders’ Products and/or the Stack Products under the App you have placed the order at the correct Stack Venue.  We operate several Stack Venues and if you place an order at the incorrect Stack Venue, it will not be possible to cancel the order and you will still have to pay for your order in full.    

Please ensure that you retain your order number, supply the correct email address and telephone number so that We and/or the Trader can contact you to discuss your order if required. Your order may be affected if you do not provide the correct details.

Allergies

If you have any food allergies you MUST NOT use this App to place any orders.

You must place ALL orders in person with the staff member at the relevant Stack Unit and/or the Traders’ Unit and you must inform the staff member at the time of placing the order at the Stack Unit and/or the Traders’ Unit of your particular food allergy(s). 

If you place your order via the App and either We and/or the Trader become aware of the allergy whilst processing your order, We and/or the Traders may refuse to allow you to collect your order at your time slot or at all and We or they may cancel the order.  You will still be expected to pay for your order in full.  

Terms and conditions of sale of the Traders’ Products

The terms and conditions on which you purchase the Traders’ Products are the individual Trader’s standard terms and conditions of sale and your usual consumer rights will apply.  If you wish to cancel your order or if there is a problem with the Traders’ Product and you wish to return it you will need to speak to the staff member at the Trader’s Unit. Please note that where your order has already been processed by the Trader it will no longer be possible to cancel. 

All Traders’ Products are subject to availability.  In the event that a Trader is unable to fulfil your order it will inform you of this when you attend the Trader’s Unit at your chosen time slot and will offer you a substitute Traders’ Product or a refund of the Traders’ Product.  Where the order is cancelled and you have already paid, that amount will be refunded to you in the same way that payment was made for the order. 

The General Terms (for the sale of the Stack Products)

The General Terms can be found at section 4 of this webpage and your usual consumer rights will apply. 

All Stack Products are subject to availability.  In the event that We are unable to fulfil your order We will either inform you of this via the telephone number you provided when you placed the order or when you attend the Stack Units at your chosen time slot and your order will be cancelled.  In some circumstances, We may offer you a substitute Stack Product.  Where the order is cancelled and you have already paid, that amount will be refunded to you in the same way that payment was made for the order. 

If you wish to cancel your order or if there is a problem with your Stack Product and you wish to return it, you will need to speak to the staff member at the relevant Stack Unit. Please note that where We have already processed your order it will no longer be possible to cancel. 

Payment via the App

When you buy the Traders’ Products and the Stack Products using the App, you will need to input your debit and/or credit card details (we accept Apple/Google pay).  We use the third-party payment platform, Braintree, to process all payments for Traders’ Products and Stack Products made through the App.  Please see Braintree’s terms of use and privacy policy for more information on the way in which Braintree processes payments and handles your personal data https://[braintree].

YOU have the option to save your bank and/or credit card details that you input into the App when you buy the Traders’ Products and Stack Products for speed of purchase during your next visits.  By clicking the PAYMENT button on the App your payment will be processed by Braintree where the Braintree terms of use and privacy policy will apply. The legal contract for the payment of the Traders’ Products and Stack Products via the App is made directly between you and Braintree, We are not party to that contract. 

Sale of alcohol

You must be aged 18 or over to place an order for alcohol. Such items can only be sold to persons aged 18 or over.   By placing an order that includes alcohol, you confirm that you are at least 18 years old.  We operate a Challenge 25 policy and may request you to provide suitable photographic identification in the form of a photocard driving licence, passport or PASS identification card containing a PASS hologram, in support of the order that includes alcohol. We and/or the Trader may refuse to serve any alcohol, included within your order to a person who does not appear to be, or cannot prove themselves to be, over the age of 18 and/or doesn’t comply with the Challenge 25 policy requirements.

Currently no alcohol beverages are sold via the App.

Liability of Trader

We allow Traders to offer the Traders’ Products directly on the App and to advertise on the Site. 

Stack is a trade facilitation platform and as already explained, the contract for the purchase of the Traders’ Products is directly between you and the Trader.  We are in no way responsible for any act or omission of the Trader, nor are We liable for any defective Traders’ Products or any disagreement or dispute which may arise in connection with the sale and purchase of the Traders’ Products via the App or the Traders’ advertising on the Site.

Monitoring and Feedback

We monitor our Traders and We welcome your feedback on the App and the Site to ensure that We maintain high standards.  You can let us know if you have any comments relating to the App, the Site, Us and the Traders by emailing or calling Us or contacting Us through the App or the Site on the Feed it Back link‘.  If you are happy for Us to do so We will, at our discretion, display that content on the  Site and App but We will always anonymise any such content before it is posted on the Site and/or App.

Your privacy

In order to register and use the App, you will be required to submit some personal information to the App such as your name, address, telephone number and email address.  We may share your telephone number and content of the order with the Traders in order for the Traders to provide the Traders’ Products to you and/or if there is an issue or problem with your order. Under data protection legislation, We are the controller of your personal data and We are required to provide you with certain information about who We are, how We process your personal data and for what purposes and who We share it with as Well as 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. The Traders’ and Braintree’s privacy policies all apply to the way in which your personal data is handled by them, and you should also familiarise yourself with each of these policies. 

Please be aware that internet transmissions are never completely private or secure and that any message or information you or We send using the App or via the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

App store and operating system

The App is compatible with Android and i0s devices and can be downloaded from the Google Play Store and the Apple App Store and the ways in which you can use the App may also be controlled by those stores’ rules and policies.

https://developer.apple.com/app-store/app-privacy-details/

https://play.google.com/intl/en-US_us/about/play-terms/index.html 

The use of the basic App and the Site is free of charge but We reserve the right to change this and our prices at any time, particularly in relation to any premium features of the App that We offer. The price of the Traders’ Products and the Stack Products include a small inclusive charge to cover the operation costs of the App.

Support for the App and the Site and how to tell us about problems with the App

Support If you want to learn more about the App or have any problems using it please take a look at our support resources here.

Contacting us (including with complaints) If you think the App is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at [email protected] 

How We will communicate with you If We have to contact you We will do so  by email, by telephone or by SMS, using the contact details you have provided to Us.

You may not transfer the App to someone else

We are giving you a personal right to use the App.  You may not transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from the device.

Changes to the Terms

We may need to change the Terms to reflect changes in law or best practice or to deal with additional features which We introduce. We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes you may continue to use the App in accordance with the existing terms but certain new features may not be available to you.

Updates to the App

From time to time We may automatically update and/or change the App to reflect changes to Stack Products, Traders’ Products and the Traders operating from the Stack Venues; to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, We may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App or you may be at risk from security issues.

The App will always substantially match the description of it provided to you when you downloaded it and the Site will substantially match the description of it during your use of it.

We may withdraw or suspend the App at any time.

We do not guarantee that the App or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are responsible for ensuring that all persons who access our App through your internet connection are aware of the Terms and that they comply with them.

If someone else owns the phone or device you are using

If you download or stream the App on any phone or other device not owned by you, you must have the device owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.

You must keep your account details safe

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. 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 reasonable opinion you have failed to comply with any of the provisions of the Terms.

If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us by email to [email protected].

How you may use material on our App

We are the owner or the licensee of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You have no intellectual property rights in, or to, the App, other than the right to use them in accordance with the Terms.

You may print off one copy, and may download extracts, of any page(s) from our App for your personal use and you may draw the attention of others to content posted on the App.

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.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).

You must not use any part of the content of the App for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of our content in breach of the Terms, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No Text or Data Mining, or Web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the App or any services provided via, or in relation to, the App. This includes using (or permitting, authorising or attempting the use of):

• Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the App or any data, content, information or services accessed via the same.
• Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

Do not rely on information on the App

The content on the App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of our contents.

Although We make reasonable efforts to update the information on the App, We make no representations, warranties or guarantees, whether express or implied, that the content we provide is accurate, complete or up to date.

We are not responsible for websites We link to

Where the App contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information, services or products you may obtain from them.

We have no control over the contents of those third-party sites, services, products or resources.

We may collect technical data about your device

By using the App, you agree to Us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve the App and/or Stack Products and to provide any services to you.

We may collect location data

The App will make use of location data sent from your devices. Location data may be deemed personal data for the purposes of data protection legislation, please see our Privacy Policy and Cookie Policy for further information on how We deal with personal information that We collect via the App. 

Licence restrictions

You agree that you will:

• not copy the App except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App and/or the App or any part of them 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;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
• is not disclosed or communicated without the prior written consent of any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
• is not used to create any software or content that is substantially similar in its expression to the App; and
• is kept secure and is used only for the Permitted Objective.
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

Acceptable use restrictions

You must:

• not use the App in any unlawful manner, for any unlawful or criminal purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
• not infringe Our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
• not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any service.

If you do any of these things, We can terminate your right to use the App immediately and We may take legal action against you where appropriate.

Our responsibility for loss or damage suffered by you using the App

We are responsible to you for foreseeable loss and damage caused by us when you use the App. If We fail to comply with these terms, We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable, or which is caused by the traders or any other third parties nor are We responsible for any loss or damage in relation to the Stack Products and their sale  – see ‘Liability’ above. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both We and you knew it might happen. 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When We are liable for damage to your property. If defective digital content that We have supplied damages a device or digital content belonging to you, We will either repair the damage or pay you compensation. However, We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.

Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App meet your requirements.

We are not responsible for events outside our control. If our provision of support for the App are delayed by an event outside our control then We will contact you as soon as possible to let you know and We will take steps to minimise the effect of the delay.

We may end your rights to use the App if you break the Terms

We may end your rights to use the App and/or the Site at any time by contacting you if you have broken the Terms in a serious way. If what you have done can be put right We will give you a reasonable opportunity to do so.

If We end your rights to use the App:

• You must stop all activities authorised by the Terms, including your use of the App.
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
• We may remotely access your devices and remove the App from them and prevent your access to the Site.