TERMS AND CONDITIONS OF SERVICE
Welcome to the hawkker.com website and our applications (each our “Services”). This page together with the documents referred to on it tells you the terms and conditions on which:
- As a registered user or guest user using our platform to find food and/or beverage businesses or other types of business (an “Eater”) you interact with Hawkker’s Eater mobile app (amongst other functions) to find businesses, access their food and beverage menus, earn loyalty points (“Hawkker Points”), leave feedback on your transactions, redeem vouchers for discounts from these business on your purchases and receive information from Hawkker as notifications, emails or other correspondence.
- As a business which sells food and/or beverage products (a “Vendor”) you interact with Hawkker’s Vendor mobile and web apps to promote your business and its products, gain feedback and data on your transactions participate in the Hawkker Points system, receive information from Hawkker and communicate with Hawkker on the vendor messaging platform.
Please read these Terms and Conditions carefully before using the Eater mobile app or Vendor mobile or web apps. By accessing our Services as either an Eater or a Vendor you agree to be bound by these Terms.
If you have any questions relating to these Terms and Conditions please contact email@example.com before you access our Services.
If you do not accept these Terms in full please do not use our Services in part or in full.
1 INFORMATION ABOUT US
1.1 The Hawkker Services are operated by Hawkker Limited (“we” or “us” or “Hawkker”), incorporated and registered in England and Wales, whose registered office is at Suite 355, 254 Pentonville Road, London, N1 9FQ, United Kingdom. Our Company registration number is 10793140. Our VAT number is 275 4444 85.
2.1 The purpose of our Service is to provide a simple and convenient digital platform directing customers (“Eaters”) to independent mobile, or fixed location, vendors of food and drink products. Hawkker directs Eaters via the Eater app to Vendors on the Hawkker platform who have created profiles detailing their menus, opening hours and other relevant business information. The aim of Hawkker is to provide Eaters with as much information about the independent food and beverage options in their local area and to provide Vendors with a digital platform to help promote their food and beverage and support the success of their business. Hawkker acts as a directory listing on behalf of Vendors when it presents local Vendor options to Eaters via the Eater App. Following a purchase of a product by the Eater from a Vendor, Hawkker provides a transaction capture system to record this purchase event at the time of purchase. This system verifies the purchase and allows for the generation of rating and review input from Eaters which is supplied to Vendors as part of the Services provided to Vendors. Hawkker uses Eater transaction and review events to award Eaters Hawkker Points which are platform specific, non-transferrable reward points as part of the Hawkker Points system. Certain data from these events are also provided to Vendors to help them track their sales, gather feedback and for other business improvement needs.
2.2 The Hawkker Services do not provide any form of payment gateway or payment transaction system for either Eaters or Vendors, save for the ability for Eaters to use points earned on the Hawkker Services to redeem Discount Vouchers with all Hawkker Vendors. These points are only of use in conjunction with the Hawkker Services and have no value, representative or otherwise, outside of the Hawkker Services. Vendors are obliged to honour these discount vouchers as part of these Terms in using the Vendor Services of the Hawkker platform (for more details see Hawkker Points terms of Service).
2.3 The Hawkker Services at this time do not comprise of any element of food or beverage payment (save for Hawkker Point redemption) delivery, transport, advanced ordering or take-away. All transactions on the Hawkker platform require that an Eater and Vendor complete the transaction face-to-face in person.
2.4 Hawkker provides no guarantees, representations or warranties for the information provided by Vendors and all such information is used by Eaters at entirely their own risk. Information relating to allergen and dietary properties of food and beverages are provided by Vendors at entirely the Vendor’s own discretion. For the purpose of these Terms and conditions a Vendor is classified as any user who has created a Vendor profile within the Hawkker Services.
2.5 It is important that Eaters with specific allergen or dietary sensitivities or requirements request information relating to these sensitivities or requirements directly from Vendors, or the representatives of Vendors who are operating the site of sale of the food and beverage products. Vendors are obliged by law to disclose if any of their food or beverage they sell may contain any allergens.
2.6 For more information on allergen safety please visit the Food Standards Agency website.
2.7 Vendors are obliged the follow UK Government or other authoritative guidelines relating to “free-from” foods, (e.g. Gluten-Free) and food/beverages that specify certain certifications (e.g. Halal). Hawkker provides no guarantees, representations or warranties for the information provided by Vendors and all such information is used by Eaters at entirely their own risk.
2.8 Vendors are obliged to observe all applicable laws with regards to the age limitations on the sale of alcohol, currently restricted to persons aged 18 or over.
3 SERVICES AVAILABILITY
3.1 The Hawkker Services are available for Eater and Vendors in the UK. The Hawkker Services will allow Eaters access to profiles of Vendors and gain directions to Vendors who are within a search radius of their location. The Hawkker Eater app will show Eaters the open or closed status of the Vendor as indicated by the Vendors specifying their “Check-in Status” within the Vendor App. The Vendor Check-in Status, operating hours and location shown to Eaters within the Eater app is entirely determined by the individual Vendor and Hawkker makes no representations or warranties as to the accuracy or completeness of this information.
4 COMPLAINTS PROCEDURE
4.1 The Hawkker Eater app does include complaints capabilities which allow Eaters to report any issues with regards to the performance of a Vendor as a participant on the Hawkker platform. Complaints can be made within the Eater app via the “Report Vendor” button within the “Information” screen for a particular vendor.
4.2 Hawkker Services complaints can also be sent via the “Support” area within the Eater app or by sending an email to firstname.lastname@example.org.
4.3 Vendors are able to use the support messaging functionality within the Vendor App or Vendor web app to interact with Hawkker to resolve complaints or help in the provision of the Hawkker Services.
4.4 Hawkker provides no guarantees, representations or warranties for the efficacy of the complaints handling procedure, but will always use best efforts to resolve any issues or deficiencies insofar as they relate to the provision of the Hawkker Services.
5 ACCESSING OUR SERVICES
5.1 Access to our Services is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Services without notice. We will not be liable if, for any reason, our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of, or all of our Services, to users who have registered or those who use our Services as guests. Eaters and Vendors are responsible for maintaining the confidentiality of their login details and any activities that occur under their accounts. If you have any concerns about your login details or think they have been misused, you should contact email@example.com straight away to let us know. We can deactivate your account at any time.
6 ACCEPTABLE USE
6.1 You may use our Services only for lawful purposes. You may not use our Services in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards in Clause 8. below.
6.2 You also agree not to access without authority, interfere with, damage or disrupt any part of our Services or any network or equipment used in the provision of our Services.
7 INTERACTIVE FEATURES OF OUR SERVICES
7.1 We may from time to time provide certain features which allow you to interact through our Services such as chat rooms. Generally, we do not moderate any interactive service we provide although we may remove content in contravention of our Content Standards as set out in Clause 8.
8 CONTENT STANDARDS
8.1 These content standards apply to any and all material which you contribute to our Services (the “Contributions”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted. Vendors are expected to provide Hawkker with up-to-date information in their profile, including any allergenic and dietary information. Both Vendor and Eater Contributions must not:
8.1.1 contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identification or age;
8.1.2 infringe any copyright, database right or trademark of any other person;
8.1.3 be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;
8.1.4 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
8.1.5 be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
8.1.6 advocate, promote or assist any unlawful act such as (by way of example only and thus not limited to) copyright infringement or computer misuse.
9 SUSPENSION AND TERMINATION
9.1.1 immediate, temporary or permanent withdrawal of your right to use our Services;
9.1.2 immediate, temporary or permanent removal of any posting or material uploaded by you to our Services;
9.1.3 issuing of a warning to you;
9.1.4 legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or
9.1.5 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
9.2 The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 We are the owner of or the licensee of all intellectual property rights in our Services, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. With the exception of Vendors who upload on the Services material they’ve previously developed as their own intellectual property used on the Hawkker platform, neither Vendors nor Eaters may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
11 RELIANCE ON INFORMATION POSTED
11.1 Commentary and other materials posted on our Services are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Services, or by anyone who may be informed of any of its contents.
12 SERVICE CHANGEABILITY
12.1 We aim to update our Services regularly and these may change at any time. If the need arises, we may suspend access to our Services, or close them indefinitely. Any of the material on our Services may be out of date at any given time, and we are under no obligation to update such material.
13 OUR LIABILITY
13.1 We have taken every care in the preparation of our Services. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Services. If we are informed of any inaccuracies on our Services we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Services, and any website linked to our Services and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
13.2 To the extent permitted by law, Hawkker provides our Services and content on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Services, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, Hawkker shall not have any liability to Vendors or Eaters for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Services.
13.3 In the event that Hawkker is found to be liable to a Vendor or Eater our total aggregate liability is limited to any fees we have previously charged you for usage of the Services as and Eater or Vendor. This does not exclude or limit in any way Hawkker’s or any Eater’s or Vendor’s liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
14 INFORMATION ABOUT YOU AND YOUR USE OF OUR SERVICES
15 UPLOADING MATERIAL TO OUR SERVICES
15.1 Any material you upload to our Services or data that we collect as set out above will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.
16 LINKS FROM OUR SERVICES
16.1 Where our Services contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
17 JURISDICTION AND APPLICABLE LAW
17.1 The English courts will have jurisdiction over any claim arising from, or related to, use of our Services. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
18 YOUR CONCERNS
18.1 If you have any concerns about material which appears on our Services, please contact firstname.lastname@example.org.
19 EVENTS OUTSIDE OUR CONTROL
19.1 No party shall be liable to the other for any delay or non-performance of its obligations under these Terms arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.
20 NO AGENCY
20.1 Nothing in these Terms is intended to constitute Hawkker as your agent or authorise Hawkker to enter into any commitments for or on your behalf.
21.1 Neither Vendors, Eaters nor Hawkker shall be responsible to the others for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.
21.2 A waiver of any right under this Agreement or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
22.1 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
23 ENTIRE AGREEMENT
23.1 These Terms contain the whole Agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
23.2 Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
24 VARIATIONS TO THESE TERMS
24.1 Hawkker may revise these Terms at any time by amending this page. Vendors and Eaters are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
25 FORCE MAJEURE
25.1 Neither party shall be liable to the other party as a direct result of any delay or failure to perform its obligations under this Agreement as a result of a Force Majeure Event. If a Force Majeure Event prevents either party from performing its obligations under this Agreement for more than four weeks, either party shall, without limiting its other rights or remedies, have the right to terminate this Agreement immediately by giving written notice to the Restaurant.
26.1 Any notice or other communication given to a party under or in connection with this Agreement shall be in writing, addressed to that party at the address specified in the Contract Details and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier or e-mail. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
27.1 Hawkker may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under this Agreement and may subcontract or delegate in any manner any or all of its obligations under this Agreement to any third party or agent.
27.2 Eaters and Vendors will not, without the prior written consent of Hawkker, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this Agreement.
These Terms were last updated: 28/08/2018