The Fatburger app (the “Application”) is powered by Dynamify Limited, a company registered in England and Wales under number 09575041 with its registered office at 20-22 Wenlock Road, London, N1 7GU (“Dynamify”, “we”, “our”, and “us”). The Application is operated by Fatburger Corp. (the “Operator”) as detailed in the Commercial Transactions Information.
These terms and conditions (the “Terms”) (together with the documents referred to in it) tell you the terms on which you may install and/or use the Fatburger app (the “Application”). Use of the Application includes accessing, browsing, or registering to use the Application.
Please read these Terms carefully before you start to use the Application, as these will apply to your use of the Application. By using the Application, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, then you should not use the Application.
These Terms constitute the agreement between you and us for the use of the Application and the contents and services available through them.
Our Privacy and Cookies Policy, will also apply to your use of the Application. This policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Application, you consent to such processing and you warrant that all data provided by you is accurate.
We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on this page and, where appropriate, notified to you by email. Please review this page frequently to see any updates or changes to these Terms.
If we do not exercise or enforce any legal right or remedy which may be available to us, this will not be taken to be a formal waiver of our rights.
If any part of these Terms shall be unlawful or unenforceable for any reason, this shall not affect the remainder of these Terms and that part shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
If we are acquired by, or merge with, a third party, we may transfer any or all of our rights and obligations under these Terms to that third party or the newly merged entity. The Operator will ensure your personal data is safeguarded in the event of a merger or acquisition.
All legal notices in relation to the Application or these Terms should be given in writing and addressed to firstname.lastname@example.org.
We may update the Application from time to time, and may change the content at any time. However, please note that any of the content on the Application may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that the Application, or any content on it, will be free from errors or omissions.
Accessing the Application
The Application is made available free of charge, unless the Operator decides otherwise.
You acknowledge that access to the Application is dependent on you being able to receive data via Wi-Fi or 3G, 4G or any other suitable connection. You are responsible for making all necessary payments including in respect of internet and network connections. We are not responsible for the availability of the internet, or any errors in or damage to connections, equipment, or software that may occur in relation to your use of the Application. Additionally, we are not responsible for any damage caused to food or drink orders that are a direct result of internet connectivity problems.
We provide the Application on an “as is” and “as available” basis with all faults. We do not guarantee that the Application, or any content on them, will always be available or be uninterrupted. Access to the Application is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Application without notice. You agree that your use of the Application is at your own risk. We will not be liable to you if for any reason the Application is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Application. You are also responsible for ensuring that all persons who access the Application through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
To the maximum extent permitted by law, we disclaim any and all implied conditions and warranties that the Application and the services available through them are of satisfactory quality, accurate, fit for a particular purpose, or non-infringing.
Dynamify provides the Operator with the facility to allow customers to process online orders and payments. Our obligation lies only in the provision of that online facility and we are in no way responsible or liable for the delivery or the quality of the Operator’s services, including the food and drink items ordered through the Application. Any complaints, questions or feedback regarding the quality of food, customer service or any other service the Operator is responsible for should be directed to them and not Dynamify. Please contact email@example.com for all such enquiries.
Your Account and Password
We permit access to certain parts of the Application only to users who have registered with us. In order to access the services we offer, you must register with us; this may require the submission of an email address and password, amongst other things. Registration may also be possible using your Facebook login, which will provide us with access to the requisite details. If you register with us, you must provide true and accurate information about yourself. Should the registration information provided prove false or misleading, we may suspend or terminate your account.
You are responsible for maintaining the confidentiality of your account details, including any user identification codes, passwords or any other piece of information that forms part of our security procedures, and you must not disclose these to any third party. We advise you regularly change your password.
You are responsible for all activity under your account even if someone else uses your account. You authorise us to act on instructions received under your account and we will not be liable for any loss that you might suffer through following such instructions whether by you or another person.
You acknowledge that we may, at any time and at our sole discretion, request that you re-register with the Application.
In the event that your mobile device is lost or stolen you agree that it is your responsibility to notify us at firstname.lastname@example.org as soon as reasonably possible following such loss or theft.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com, and make reasonable efforts to change your password immediately.
You acknowledge and agree that we may share your contact details with third party platforms and the Operator.
Making Payments with the Application
In order to pay a bill using the Application, you will need to enter your debit or credit card information. You acknowledge that payment processing services are provided by a third party provider, including but not limited to, Stripe and Paysafe (the “Payments Processor”).
You warrant that you have appropriate authority to use the payment card details which you input. By inputting your debit or credit card information, you agree to use of that information by the Payments Processor for the purpose of paying your bill and processing your payment.
Your card details will be stored securely by the Payments Processor. We do not store your payment card details on our systems, although we retain some of the digits. This enables you to identify your appropriate payment card on subsequent occasions and on your payment receipt. You may add and remove payment cards from the Application at any time.
You acknowledge and agree that we may pre-authorise your payment card when you initially upload the card and when an attempted order is made.
You acknowledge and agree that, while the contract for the provision of food, drink and other goods and services is between you and the relevant outlet of the Operator, the Venue has authorised us to collect payment on its behalf. In the event of any claim or dispute between you and a Venue, while we shall have no liability to you in respect of any such claim or dispute, you may contact us and we shall use our reasonable endeavours to assist in resolving the claim or dispute with the Venue.
Following payment of a bill using the Application, we shall email you a copy of your receipt. You acknowledge that charges incurred through the Application will show as “Dynamify” or the name of the Operator or relevant franchise you are paying at on your payment card statement.
In the event that your payment card is lost or stolen you agree that it is your responsibility to contact the applicable card company in order to cancel your payment card as soon as reasonably possible following such loss or theft.
When you purchase items (products and/or services) using the “Scan & Go”, “Click & Collect” and “Hospitality” functions in the Application, the card payment will be processed immediately by our Payment Processor. Delivery of those items will then depend on the function you select. For example, items purchased through the “Scan & Go” function will be available immediately. The timing of deliveries from “Click & Collect” and “Hospitality” orders will depend on the Venue you choose to purchase from. Some Venues will deliver the same day, others the next working day – in all cases you will decide the delivery time and date from available options presented in the Application before deciding whether to proceed with a payment.
Intellectual Property Rights and Use of the Application
We grant you a non-exclusive, non-transferable licence to install and use a copy of the Application on your mobile device for the purposes of the services offered by the Application only, which include but are not limited to, ordering food and drinks, making payments for orders, earning loyalty points, store discovery, receiving promotions, amongst others.
We are the owner or the licensee of all intellectual property rights in the Application, and in the material published on it. Those works are protected by copyright, trademarks, database right and other intellectual property rights. All such rights are reserved.
You may not without our prior written consent (except to the extent required in order to use the Application in accordance with these Terms) copy, sell, reproduce, publish, modify, or distribute any of the content published, displayer or performed on the Application or systematically extract such content or in any way use or exploit commercial any such content.
We may, at our discretion and the discretion of the Operator, offer credits through the Application for friend referrals, loyalty schemes or promotions, but we are by no means obliged to.
Referrals should only be used by you for personal (family and friends) purposes and may not be traded or used for commercial purposes.
Credits may be redeemed only when paying a bill using the Application.
Credits cannot be transferred to other users of the Application.
No cash alternative to the credit is available.
The Credit shall remain in your account indefinitely until:
- it is used by you;
- it is revoked by us in accordance with clause 8.7;
- it expires in accordance with clause 8.8.
We reserve the right to suspend your account or revoke any and all credits at any time if we in our discretion consider that such credit(s) was earned inappropriately.
You acknowledge that we may, at any time and at our sole discretion, suspend or discontinue the credit scheme. If we do so, we shall where possible, provide you with advance notice of any such changes.
Limitation of our Liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Application or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Application; or
- use of or reliance on any content displayed on the Application.
Please note that we only provide the Application for private use. You agree not to use the Application for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Application or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on the Application. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We do not guarantee that the Application will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Application. You should use your own virus protection software.
You must not misuse the Application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Application, the server on which the Application are stored or any server, computer or database connected to the Application.
Linking to the Application
You may link to the Application, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Application in any website that is not owned by you.
The Application must not be framed on any other site, nor may you create a link to any part of the Application other than the home page.
We reserve the right to withdraw linking permission without notice.
Third Party Laws
Where the Application contains links to other sites or applications and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites and application or the performance of the services. Your dealings with, and interest in, services, merchants or promotions found on or via the Application are solely between you and the person with whom you are dealing. Accordingly, you use these services at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
These Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Questions, comments and requests regarding these Terms should be sent by email to firstname.lastname@example.org.
Last Updated: 6 May 2018