StarOrder Terms and Conditions
Please read these licence terms and conditions ("Terms") carefully. By downloading and using the Star Order app (the “Application”), you agree to be bound by these Terms. If you do not agree with these Terms, you should not download or use the Application.
1. WHO IS ELIGIBLE TO USE THE APPLICATION
1.1 To use the Application, you must:
(a) be over 18; and
(b) comply with the code of conduct set out in section 9 of these Terms.
1.2 If you download the Application onto any phone or other device not owned by you, you must have the 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.
2. WHO WE ARE
2.1 Star Pubs & Bars Limited (Company Number SC250925), a limited company having its registered office at 3 4 Broadway Park, South Gyle Broadway, Edinburgh EH12 9JZ ("we", "our", "us") manages your StarOrder account and use of the Application. You can contact us by writing to us at this address above or by emailing us at email@example.com.
2.2 Any payments taken, or (if applicable) card details stored, on the Application are managed by Braintree, a PayPal service. PayPal (Europe) S.à r.l. et Cie, S.C.A. is authorised for the issuing of electronic money and for the provision of payment services with Firm Ref. No 470235, who will.
2.3 Le be responsible for protecting your card details in accordance with its privacy statement accessible here: https://www.paypal.com/uk/webapps/mpp/ua/privacy-full. References to “Payment Service Provider” throughout shall refer to Braintree/PayPal.
3.1 In order to access the Application, you will require to download the Application and register, then enter your email address and your password. You may download the Application to only one mobile device at a time.
3.2 We will collect specific information from you during registration when you create your StarOrder account, such as your first name, last name, email address, date of birth and mobile number. Please see section 8 for further details on how we use this information.
3.3 You acknowledge that we rely on the accuracy of information provided by you during the registration process. When you submit information, you confirm that all information provided is accurate, complete and not misleading and remains so.
3.4 You must not attempt to open more than one StarOrder account at a time.
3.5 We may reject or suspend the registration of any user if we have reasons to believe the user is not eligible or is not complying with the code of code of conduct set out in section 9 of these Terms.
4. WHAT DOES THE APPLICATION DO
4.1 The Application is intended for use in bar and pub outlets ("Outlets") operated as part of our Just Add Talent Programme.
4.2 Via the Application, you can:
(a) Search for and locate the nearest Outlet to your location;
(b) pay for goods and services at an Outlet, including (in some Outlets only) to order from your phone to your table;
(c) (in some Outlets only) book a table or space in advance (e.g. time slot on selected date); and
(d) participate in a loyalty scheme, promotions, offers and events offered by an Outlet to Application users which may include, for example money off vouchers, loyalty points (based on Transaction value) and similar rewards ("Rewards")) and receive promotional offers in relation to the goods and services offered in Outlets (as described in section 6).
5. PAYING FOR GOODS AND SERVICES
5.1 We provide a platform which enables you to make payments for goods and services provided in Outlets.
5.2 Each order will be subject to terms and conditions of supply or service, which you must review before using the Application for a Transaction.
5.3 At some Outlets, you may be able to place orders on the Application for goods and services at a table in the Outlet and the staff will deliver the goods to your table, however this Service is not available at all Outlets.
5.4 You will be able to browse information about the Outlets, i.e. opening hours, menu and location – we make all reasonable efforts to ensure the information on the Application is up to date and accurate. You may also include details about allergens applicable to your order via the notes feature if you consent to this information being processed – alternatively if you would prefer that this is not processed electronically, you can advise the staff in the Outlet.
5.5 You will need to show proof of identification which shows your age when ordering alcoholic goods. We are not responsible if a member of staff refuses to provide alcohol if you are unable to present valid identification and we will not be obliged to issue a refund in these instances.
5.6 To make payments using the Application, you can either enter your card details any time you complete a Transaction or you may link a debit or credit card ("Payment Card") to your account. If you link a Payment Card, that card must be issued in your name by a bank, building society or other recognised financial institution and must be valid and unexpired. You must update your account information promptly if you change Payment Card. We have no responsibility for the issuance, acceptance or operation of your Payment Card. If you link a Payment Card, the Payment Service Provider may seek to authenticate the details by making a credit of a small amount of money from it. We will not be liable for any charges you incur as a result of this. The Payment Service Provider has full responsibility for managing any payments made on the Application.
5.7 Your payment instruction is authorised when you receive confirmation in-app or at the point of sale. Once payment is authorised you cannot cancel or amend the Transaction through the Application or by contacting us. Any cancellation or amendment of the Transaction will be subject to the refund policy managed by staff at the Outlet.
5.8 The Payment Service Provider may apply limits to the number and value of Transactions processed through your account on the Application, for example a limit on monthly payment transactions of £325. You will not be able to make Transactions in excess of these limits until additional steps have been carried out by the Payment Service Provider to verify your identity under anti-money laundering rules.
5.9 When you make a purchase with the Application, a receipt will be emailed to you. You can also see orders placed from the 7 days in the Application.
6. OFFERS AND REWARDS
6.1 Where we have your consent, we may offer vouchers and/or offers, for example promotional codes for a discount on the first Transaction on the Application. The terms of the vouchers shall be made available to you before you are able to apply any relevant promotional code (including the period during which a promotional code remains valid).
6.2 You may receive marketing content via the Application for specific Rewards (e.g. push notifications), including offers in real time based on your location, if you have opted in to receive marketing and agreed to the tracking of your location information. If you receive communications about a campaign, you should check what you have to do (if anything) to participate, how long it is available and any other conditions, as set out in the relevant campaign terms and conditions. For example, there may be restrictions on the redemption of Rewards (for example day / time restrictions) - these will be specified in the applicable terms of the Reward.
6.3 Rewards can only be viewed by logging into your account (and you will be directed to do this if you click on a push notification or link via an email or SMS) and can only be redeemed by using your Application at the point of sale at the Outlet.
6.4 You may cease to be eligible to benefit from a Reward if:
(a) your account is suspended or closed; or
(b) due to unavoidable circumstances beyond our control, a Reward is discontinued, temporarily suspended or amended. We will take reasonable steps to make you aware of this.
7. LICENCE AND UPDATES
7.1 Licence terms. We license you (on a non-exclusive and non-transferable basis) to use the Application and to access and use the content and services provided through the Application. The Application is free to download and there are no royalties or subscription fees payable.
7.2 Updates to the Application. From time to time, we may automatically update the Application to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Application for these reasons. If you choose not to install such updates or you opt out of automatic updates you may not be able to use the Application or certain functionality may be impaired.
7.3 Updates to the Terms. We may update these Terms but will provide you of notice when you next use the Application. If you do not agree with the updated Terms, you must immediately stop using the Application.
9. CODE OF CONDUCT
In your use of the Application you will:
9.1 use the Application only for your personal, non-commercial purposes as set out in section 4;
9.2 use your account only for authorised and lawful purposes. In particular, you must not use the Application in connection with any gambling activity, to further any fraudulent or other illegal activity, to impersonate another person or in a manner harmful to us;
9.3 keep your log-in details secure and will not let anyone else access your details. In addition, you will not replicate or use the details or profiles of any other individual using the Application;
9.4 not sell any device, on which the Application is installed, without deleting the Application;
9.5 not attempt to gain unauthorised access to any portion or feature of the Application, by hacking or any other illegitimate means;
9.6 not copy the Application or any content on or available via the Application;
9.7 not use the Application in a way that could damage, overburden, impair or compromise our systems or security or interfere with other users; and
9.8 use the Application only as permitted by the relevant app store terms and payment service provider conditions, in each case as set out in section 10.
10. TECHNICAL CONDITIONS OF USE
10.1 The Application requires a device running either iOS 12 or above and Android 5.0 or above.
10.2 The ways in which you can use the Application may also be controlled by the rules and policies of the app store that you use to download the Application. For Apple iTunes AppStore see the terms available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/ and for Google Play see the terms available at https://play.google.com/about/play-terms/index.html.
10.3 You acknowledge that you have had an opportunity to review these terms, and in particular that the app store has no responsibility to maintain the Application and that the app store has no responsibility for any claims relating to the Application. The app store's rules and policies will apply instead of these Terms if and to the extent that there is any conflict between the two.
10.4 These Terms are between you and us. However, you acknowledge and agree that the relevant app store is a third party beneficiary of these Terms and that they will have the right to enforce these Terms as a third party beneficiary.
11. END YOUR RIGHT TO USE THE APPLICATION
11.1 We may end your rights to use the Application at any time by contacting you if you have failed to comply with these Terms, in particular the code of conduct. 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 Application:
(a) you must stop all activities authorised by these Terms, including your use of the Application;
(b) all rights granted to you will be suspended or cease immediately; and
(c) you must delete or remove the Application from all devices in your possession and confirm to us that you have done this.
11.2 You may terminate your use of the Application immediately by deleting or removing the Application at any time.
11.3 If you have breached these terms, we may take such additional action as we deem appropriate including by:
(a) issuing a warning to you;
(b) commencing legal proceedings against you for recoverable loss resulting from the breach (including reimbursement of all sums paid if you have used the Application in a fraudulent manner and/or used an unauthorised Payment Card);
(c) disclosing relevant information to law enforcement authorities; and/or
(d) suspending your account and cancelling any unused Rewards.
12. INTELLECTUAL PROPERTY
12.1 You have no intellectual property rights in, or to, the Application other than the right to use them in accordance with these Terms. The rights are owned by or licensed to Star Pubs & Bars Limited.
12.2 You must not copy the Application without our express written permission. Further, you will not, and will not attempt to:
(a) incorporate all or part of the Application in any other webpage, platform, website, application or other digital or non-digital format; or
(b) disassemble, reverse engineer or create derivative works based on the Application or any part of the Application; or
(c) copy, alter or use the trade marks on the Application.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 Unlimited Liability. 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 or for breach of any term implied by the Consumer Rights Act 2015 which, by law, may not be limited or excluded.
13.2 Limited Liability. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching 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. We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. 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.
13.3 Information on the Application. We make reasonable efforts to update the information provided by the Application, but there may be circumstances where such information is not completely accurate or up to date.
13.4 Features. The Application has not been developed to meet your individual requirements. Please check that the facilities and functions of the Application meet your requirements.
13.5 Back-Ups. Please ensure that you keep a copy of your receipts for Transactions to protect yourself in case there are any problems with the Application, as in some instances, it may not be possible to restore data regarding Transactions.
13.6 We are not responsible for events outside our control. If our provision of support for the Application is delayed by an event outside our control then we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may delete the Application and end your contract with us.
14. THIRD PARTY PLATFORMS
14.1 The Application may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked or approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them. The fact that we include links to such external sites does not imply any endorsement.
14.2 We are not responsible for any information transmitted by third parties or liable for any reliance you make upon the information or statements conveyed by third parties.
15. SECURITY AND USE OF THE INTERNET
15.1 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Application may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
15.2 You are solely responsible for the security of any username and password you use to access the Application and for the use of your account, irrespective of who uses it (whether with or without your permission). You must notify us immediately of any misuse or unauthorised use of your account.
15.3 If we suspect that your account has been compromised or suspect an unauthorised transaction, we may communicate with you via your registered email address or via other secure means agreed between you and us. We may need to verify your identity as part of this process.
16. COMPLAINTS HANDLING
16.1 If you wish to make a complaint about your StarOrder account or the Application, please email firstname.lastname@example.org giving brief details of your complaint. You can direct notices, enquiries, complaints and so forth to us using that email address or any other details published on the Application.
16.2 If you wish to make a complaint about a Transaction or an Outlet, please contact a member of staff in store.
17.1 Our rights to transfer. We may transfer our rights and obligations under these Terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
17.2 Your rights to transfer. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 Invalid Term. Each section of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect. We will replace such section with a provision which is valid and enforceable and consistent with the intention of these Terms so far as is reasonably practicable and will notify you of any changes.
17.4 Electronic Communications. The parties agree that these Terms will be accepted electronically and the agreement to these Terms is formed and validly entered into electronically. A consent, notice or communication under these Terms is effective if it is sent as an electronic communication.
17.5 Delay in Enforcement. Even if we delay in enforcing these Terms, we can still enforce it later.
17.6 Third Party Rights. These Terms do not give rise to any rights to any third party to enforce any term (under the Contracts (Rights of Third Parties) Act 1999 or otherwise). Further, you agree you may only bring a claim on an individual basis and not as a class member in any purported class or representative or general action.
17.7 Which laws apply and where may you bring legal proceedings. You agree that any dispute between you and us regarding these Terms or the Application will only be dealt with by the English courts, except that if you live in a country (which, for these purposes, includes Scotland, Wales or Northern Ireland) in the United Kingdom other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country. If you have a dispute relating to a payment service available on the Application, you may refer a dispute to the Financial Ombudsman Service.