STACK Leisure (STACK) is operated by THE HOLD GROUP LIMITED. The Hold Group Limited is UK based company whose registered office is Patrick House, Gosforth Park Avenue, Gosforth Business Park, Newcastle upon Tyne, NE12 8EG
In the United Kingdom, the governing law and jurisdiction for any legal matters related to these terms and conditions shall be governed by the laws of England and Wales. Any disputes or claims arising out of or in connection with these terms and conditions, including those related to the booking process or the use of our services or products, will be subject to the exclusive jurisdiction of the courts of England and Wales. This choice of governing law and jurisdiction is made to ensure clarity and consistency in the application of these terms, allowing for efficient resolution of any potential disputes. By engaging in business with us, customers consent to this legal framework and agree to resolve any issues within the legal confines of the United Kingdom.
Entry Policy
At STACK, the safety and security of our staff and customers is paramount. STACK operate a challenge 25 policy. If you are lucky enough to look younger than 25 then please be prepared to prove your age with valid and current identification. This can be either a UK driving licence, passport, or PASS identification card bearing the PASS hologram. Many STACK venues, in conjunction with local authority guidance, operate an ID seizure policy whereby false ID will be confiscated and handed over to the police.
STACK support the responsible consumption of alcohol and reserve the right to refuse service to customers who are, or appear to be, intoxicated.
Tap water is freely available in all our venues upon request.
A random search policy of all customers may be implemented depending on prevailing conditions, risk assessment or police advice.
STACK operate a zero-tolerance policy on drugs. Customers suspected of dealing or using drugs will be asked to leave the premises immediately. Customers are advised that STACK work continually with local authorities to ensure STACK venues are fully compliant on all aspects of health and safety and crime and disorder.
CCTV is in operation in all STACK venues.
We have the right to refuse service and / or entry to the premises - without providing you with a reason.
Child/Age Policy
All times above are subject to change and at the discretion of our management. Please refer to each venue's FAQs for detailed information on specific timings.
Although STACK serves food, you are entering a licensed premises where alcohol can be purchased, therefore teenagers must be accompanied by an adult aged 25. This policy is in place to protect our license and reduce the risk of alcohol being purchased for under 18s.
STACK prohibits the consumption of beer, wine or cider to anyone under the age of 18 even if they are consuming a table (substantial) meal.
Dress Code
Fancy Dress
This behaviour and code of conduct policy (the Code) sets out the rules operated by and the behaviour expected of any and all visitors or persons present at the venues, known as ‘STACK’ (STACK), and operated by The Hold Group Limited (the Hold Group)(together the STACK Venues).
All visitors to the Stack Venues shall, at all times:
COMPLAINTS: Visitors shall address any complaints regarding the Code and action taken in pursuance of the Code to the General Manager onsite or email details to [email protected]
General terms and conditions of sale and supply of the products supplied by The Hold Group Limited which are herein known as the STACK Products (the General Terms).
You can find everything you need to know about us, THE HOLD GROUP LIMITED (the Hold Group, Our, We, Us) and our various Stack locations (the STACK Venues) on our website. We operate the Stack Mobile App (the App) and website WWW.STACKLEISURE.CO.UK (the Site) and use the App for the sale and purchase of products supplied by our partners (the Traders and the Traders’ Products) and the sale and purchase of the STACK Products. The Traders’ Products and the STACK Products are also sold in person outside of the App. The App and Site terms and conditions of use (the App T&Cs which are available HERE set out how the App will be used; how your orders for the Traders’ Products and the Stack Products will be accepted; how you will pay for the Traders’ Products and Stack Products and how refunds will be processed.
The General Terms set out the terms upon which We sell and supply the Stack Products to you and the General Terms apply to ALL CONTRACTS entered into between you and Us.
The General Terms do NOT apply to the sale and supply of the Traders’ Products which are covered by the Traders’ own terms and conditions (See THIRD PARTY SUPPLIERS below).
In addition to the General Terms, We also have specific additional terms and conditions which relate to customer safety (set out in section 2 of this webpage), bookings and events (set out at section 7 of this webpage), specific booking/event terms (set out at section 8 of this webpage), Stack rewards (set out at section 6 of this webpage), gift cards (set out at section 9 of this webpage) and social media competitions (set out at section 10 of this webpage) (the Additional Terms).
In the event of any conflict between the General Terms and the Additional Terms, the General Terms shall prevail.
Stack Products can vary slightly from their pictures and will not be delivered to your table.
A Stack Product may not exactly match that shown on your device, the Site or in our marketing or its packaging may be slightly different.
You must collect all Stack Products from Us at either Holy Duck, ZZA and YOLO Coffee & Kitchen units (the Stack Units) within the Stack Venues depending on where you placed your order.
You will collect your order from the Stack Units and must behave at all times in a courteous and respectful manner and in accordance with Our Behavioural Policy in (set out in section 3 of this webpage).
You're responsible for your order
You are responsible for ensuring that your order for the Stack Products is correct and, if ordering via the App, that you have ordered the Stack Products and the Traders’ Products to be collected at the correct Stack Venue. If we're making or supplying the Stack Product to your specific requirements, you're responsible for making sure those requirements are correct. If you have any food allergies you must not place any orders via the App. You are responsible for collecting your order at the time slot that you have been allotted (whether ordered through the App or in person on premises) and if you don’t collect the order at the allotted time slot we will not offer a refund or replacement Stack Product to you.
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 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.
We're not responsible for delays outside our control
If Our supply of your Stack Product is delayed by an event outside our control, We will contact you as soon as possible to let you know and do what We can to reduce the delay. As long as We do this, We won't compensate you for the delay, but if the delay is likely to be substantial We will immediately end the contract with you and We will process a refund for any Stack Products you have paid for, but not received, less reasonable costs We have already incurred at the same time.
Your legal right to change your mind. For certain Stack Products bought online you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. This is subject to some conditions, as set out below. For Stack Products ordered in person either via the APP or at the Hatch on premises at the Stack Venue there is no right to cancel.
When you can't change your mind. You can't change your mind about an order for:
How to let us know. To let us know you want to change your mind, contact Our on duty Stack Venue Manager.
When and how We refund you. If you tell Us you've changed your mind about a Stack Product that hasn't been delivered We will refund the price to you as soon as possible and within 5 days. We refund you by the method you used for payment. We don't charge a fee for the refund.
You have rights if there is something wrong with your Stack Product
If you think there is something wrong with your Stack Product, you must show it to the on duty Stack Venue Manager and, subject to the General Terms, We will honour Our legal duty to provide you with Stack Products that are as described to you on our Site or App and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.
Summary of your key legal rights The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. |
We can change Stack Products at any time.
We may update the General Terms on notice from time to time.
We can withdraw Stack Products from sale at any time.
We can stop providing a Stack Product and We will refund any sums you've paid in advance for Stack Products which won't be provided.
We can end our contract with you.
We can end our contract with you for a Stack Product and claim any compensation due to Us if:
We don't compensate you for all losses caused by Us or Our Stack Products.
We're responsible for losses you suffer caused by Us breaking this contract unless the loss is:
Provision of Third Party Services by the Traders
The Traders are independent third party restauranteurs and/or providers of other food, beverage and preparation services (Third Party Providers) whose services include providing food and/or drinks which are made available to you through your use of the App or in person at the Stack Venues (Third Party Services).
For Third Party Services, We act as a disclosed agent between you and the Third Party Providers to enable them to contract with you and provide the Third Party Services to you. We do not provide Third Party Services. All Third Party Providers are independent third party contractors, registered businesses or other legal entities who are not employed by or acting on behalf of Us.
The Third Party Provider is responsible for any obligations that may arise from the provision of the Third Party Services.
We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Policy.
Disputes
You have several options for resolving disputes with Us:
Any issues should be raised with the team at the venue as soon as they arise so they can be dealt with there and then by a Team Member or the Manager on duty and they will do their best to resolve any problems you have with Us or our Stack Products. You can also contact us via email to make a compliant by emailing [email protected].
You can go to court. These terms are governed by English law and wherever you live you can bring claims against Us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
Other important terms apply to Our contract:
You can only transfer your contract with Us to someone else if We agree to this.
Nobody else has any rights under this contract. This contract is between you and Us. Nobody else can enforce it and neither of Us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of the General Terms are unlawful, the rest will continue to apply.
Even if We delay in enforcing this contract, We can still enforce it later. We might not immediately chase you for not We cannot enforce our rights at a later date.
Please read these terms and conditions carefully before using the app operated by Stack (The Hold Group Limited).
These Terms and Conditions, together with the Licensed Application End-User Licence Agreement set out at http://www.apple.com/legal/internetservices/itunes/appstore/dev/stdeula/ for Apple devices or the Google Play Terms of Service set out at https://play.google.com/intl/en_uk/about/play-terms.html for Android devices (“the EULAs”) and any additional terms of use incorporated into the EULAs by reference, as well as the STACK (The Hold Group Limited) Privacy Policy are collectively “the Terms of Use”. The Terms of Use apply to your use of:
By accessing or using the STACK App you agree to be bound by these Terms of Use. If you disagree with any part of the Terms of Use then you may not access the App.
Overall
These terms and conditions (the “Terms”) applies to your use of STACK Reward by The Hold Group Limited.
The Hold Group Limited (STACK) is registered in England and Wales. The registered name is The Hold Group Limited. Their registered office is at Patrick House, Gosforth Park Avenue, Gosforth Business Park, Newcastle Upon Tyne, NE12 8EG. Their VAT number is 403701639.
The Programme
STACK Seaburn and STACK Lincoln, ST James STACK, STACK Newcastle, STACK Middlesbrough, STACK Durham, STACK Bishop Auckland, STACK Carlisle, STACK Northampton, STACK Manchester (upon opening).
To use your STACK Rewards account, you must have the QR code associated with your account scanned by one of our staff before paying the bill. Showing staff the card is not enough.
When ordering street food through the STACK App your points will automatically be added to your account
Reward Points and Credit
For every whole £1 spent, 1 point is earned, for every 200 points earned you will receive a £10.00 credit to your reward account.
For example:
£1.00 spend = 1 point
200 points = £10.00 credit
STACK reserve the right to correct or amend the amount of points/credit value in your account if we deem there to be foul play. If you wish to contest such a correction or amendment to your account balance, please contact us on [email protected]. We will reply to all emails within 7 working days.
STACK reserve the right to amend the programme and points value offered at any time. In the event of doing so, all historical balances will remain unaffected – this would only ever affect future transactions.
Rewards and Offers
Birthday Reward
YOLO Coffee Reward
Communication
Cancellation
General Booking terms & Conditions that apply to all types of bookings:
Booking process
If you encounter any difficulties during the online booking process or have questions about your reservation, our customer support team is available to assist you. Contact us at [email protected].
By making your booking online, you acknowledge that you have read, understood, and agreed to our booking terms and conditions, as well as our privacy policy. Online bookings are an efficient and secure way to reserve our services/products, ensuring a smooth and hassle-free experience for our customers.
Bookings with Drinks Vouchers
Bookings with Drink Pre- orders
The deposit can be redeemed for Glass of Prosecco/Bottle Budweiser/Bottle Corona/Non-alcoholic beer or a soft drink bottled Coke/Diet Coke and will arrive at your bench once you have been seated. This has to be pre ordered upon booking and cannot be changed.
Booking policies and deposit requirements vary by venue, so please review the specific terms for each location to ensure an optimal experience for you and your guests.
Arrival & Number of Guests
Table Allocation
Street food vendors
Conditions of Entry
Please see section 2 on ‘Customer Safety’ which includes details of our Entry Policy, Child/Age policy and Dress Code.
The ticket holder voluntarily assumes all risks and danger incidental to the event for which the ticket is issued, whether occurring prior, during or after the event. The ticket holder voluntarily agrees that the management, venue, event participants, DesignMyNight WFL Media Ltd and all of their respective agents, officers, directors, owners and employers are expressly released by the ticket holder from any claims arising from such causes.
Deposit/Cancellation Policy
For Corporate bookings our cancellation policy may differ:
Please refer to each venue's booking policy for detailed pricing information, as all booking types will require a deposit and rates may vary by location.
Events beyond our reasonable control (think Covid-19)
Sometimes things happen completely out of our control, and we may need to move your booking to a different area in the venue, to another of our sites in the same city if possible, or postpone or cancel it.
Such events would typically be:
If any of the above apply and we need to make changes to your Booking, we will contact you as soon as possible. We can offer you a full refund or we can postpone your Booking for up to 18 months after the original date of your Event.
Changes to your booking
Sometimes we may have to make reasonable changes to your booking. We will contact you as far in advance as we can to let you know. Reasons for changes may include:
If you want to change your package, then we will inform you of any price changes that may have taken place since your booking was confirmed. We will honour prices of packages included on your booking at the time of confirmation but if you are looking to make additions to your package, those items will be subject to the latest prices.
To amend your booking or for any queries, please reply to your confirmation email at your earliest convenience. For queries/FAQs please visit each venues website, or you can contact our Sales Team on 03301004724 (Monday - Friday, 9am - 5pm) for URGENT out of office message us via our social media pages.
Introduction
These terms and conditions (“Terms”) apply to social media competitions organised by STACK ("STACK" or "we"). By entering into a STACK competition, participants ("Participants" or "you") agree to be bound by these Terms.
Eligibility
STACK competitions are open to individuals aged 18 years or older, unless otherwise specified. Employees, agents, and affiliates of STACK and their immediate family members are not eligible to participate.
Participants may be required to provide proof of age and identity upon request.
Entry
To enter a STACK competition, Participants must follow the entry instructions as outlined in the competition announcement on STACK's official social media accounts.
Entry submissions must be received by the deadline specified in the competition announcement. Late entries will not be considered.
Winner Selection
Winners will be selected at STACK's discretion, and the selection process will be outlined in the competition announcement.
Winners will be notified through the social media platform where the competition was conducted.
If a winner does not claim their prize within [3] days of notification or is found to be ineligible, an alternative winner may be selected.
Prizes
Prizes awarded in STACK competitions are as specified in the competition announcement. Prizes are non-transferable and non-exchangeable.
STACK reserves the right to substitute any prize with an alternative of equal or greater value.
Winners are responsible for any taxes, customs duties, or other charges associated with receiving their prize.
Publicity
By entering a STACK competition, Participants agree to allow STACK to use their name and likeness for promotional purposes without additional compensation.
Data Privacy
STACK will process personal data provided by Participants in accordance with its Privacy Policy.
Privacy and Security
Your privacy and security are of utmost importance to us. Please be aware that we will never request sensitive personal information such as your bank details, passwords, or payment information over the phone, email, or any other form of direct communication.
If you are ever contacted by someone claiming to represent our venue who asks for such information, please do not share your details and notify us immediately.
Disqualification
STACK reserves the right to disqualify any Participant who breaches these Terms or engages in fraudulent or unfair conduct.
Limitation of Liability
STACK is not responsible for any technical failures, internet issues, or other factors that may affect the submission or receipt of entries.
STACK is not liable for any injury, loss, damage, or inconvenience arising from participation in the competition or the use of any prize.
Changes to the Competition
STACK reserves the right to cancel, modify, or suspend the competition at its discretion without notice.
Contact Information
If you have any questions or concerns about these Terms or the competition, please contact [email protected]
These Terms and Conditions are subject to change without notice, and Participants should review them before entering each competition. By entering a STACK competition, you agree to be bound by the most recent version of these Terms.
Any current STACK offers and promotions will be detailed here. We do not work with any third-party voucher sites and customers should always check here before using any promotional voucher in our venue to ensure they are valid.
Please be aware of any illegitimate website’s promoting invalid STACK offers. We do not have control over these and cannot accept the promoted discount/offer at any of our venues.
Offers may vary by venue; please check individual venue pages for the latest promotions and terms
STACK FRIDAY Gift Card Sale
2 For 1 Cocktail
Fiver Fest 24
We reserve the right to update and amend these terms and conditions as necessary to reflect changes in our business practices, legal requirements, or to enhance your experience as a customer. Any revisions will be posted on our website, and we may notify you via email of significant updates. It is your responsibility to review the terms and conditions periodically to stay informed of any changes. By continuing to use our services or make bookings after the effective date of any modifications, you signify your acceptance of the revised terms and conditions. We appreciate your understanding and cooperation in maintaining the transparency and relevance of our terms and conditions.
Effective Date: 18 October 2023
STACK (THE HOLD GROUP LIMITED) - WEBSITE TERMS OF USE
PLEASE READ THESE LICENCE TERMS OF USE CAREFULLY
Your access to and use of the www.stackleisure.co.uk website (the site) is subject exclusively to these Terms and Conditions. You will not use the site for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the site you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the site.
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 Site 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 the Site
The Site 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 along with details of our street food traders.
Your privacy
This information is provided in Our Privacy & Cookie Policy and it is important that you read that information.
Please be aware that internet transmissions are never completely private or secure and that any message or information you or We send via the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Contacting us (including with complaints) If you think the Site 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.
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 on the Site.
We may withdraw or suspend Site at any time.
We do not guarantee that the Site, 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 Site for business and operational reasons.
You are responsible for ensuring that all persons who access our site 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 use the Site 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 Site
We are the owner or the licensee of all intellectual property rights in the 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. You have no intellectual property rights in, or to, the Site, other than the right to use it in accordance with the Terms.
You may print off one copy, and may download extracts, of any page(s) from our sites for your personal use and you may draw the attention of others to content posted on the Site.
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 Site 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 Site 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 Site or any services provided via, or in relation to, the Site. This includes using (or permitting, authorising or attempting the use of):
Do not rely on information on the Site
The content on the Site 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 Site, 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 Site 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 Site, you agree to Us collecting and using technical information about the devices you use the Site on and related software, hardware and peripherals to improve the Site, the App and/or Stack Products and to provide any services to you.
We may collect location data
The Site 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 and Cookie Policy for further information on how We deal with personal information that We collect via the Site.
Licence restrictions
You agree that you will:
Acceptable use restrictions
You must:
If you do any of these things, We can terminate your right to use the Site immediately and We may take legal action against you where appropriate.
Our responsibility for loss or damage suffered by you using the Site
We are responsible to you for foreseeable loss and damage caused by us when you use the Site. 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 Site is for domestic and private use. If you use the Site 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 Site. We recommend that you back up any content and data used in connection with the Site, to protect yourself in case of problems with the Site.
Check that the Site is suitable for you. The Site has not been developed to meet your individual requirements. Please check that the facilities and functions of the Site meet your requirements.
We may end your rights to use the Site if you break the Terms
We may end your rights to use 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 Site:
Visitors shall address any complaints regarding the Code and action taken in pursuance of the Code to the General Manager onsite or email details to [email protected]
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):
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:
Acceptable use restrictions
You must:
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:
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