Please read all these terms and conditions carefully before you start to use the mobile application &/or Web Application
As we can accept your order and make a legally enforceable agreement without further reference to you, it’s advisable that you must read these terms and conditions. If you are not sure about anything, just email us: sales@q-tap.co.uk. If you do not accept these terms and conditions in full please do not use our applications.
1.1. We are Q Tap Systems LTD. a company registered in England and Wales under number 10715481 whose registered office is at Office 010 Upper Wortley Business Centre, 127 Upper Wortley Road, Leeds, United Kingdom, LS12 4JG ; (the “Supplier” or “us” or “we”or “Q Tap Systems”).
1.2. Q Tap Systems enable transactions between end Users (the “Users” or “you”) and sellers selling goods &/or services to users (the “vendor”). Vendors are 3rd parties to us and agree to provide you with eligible orders, offers & services.
1.3. Q Tap Systems provides a mobile application platform & a web application for users and vendors to process orders for their goods or services. Users are able to search for vendors, browse the vendor’s menus, place an order and complete payment.
1.4. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
2.1. “User” means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
2.2. “Contract” means the legally-binding agreement between you and the vendor for the sales and purchase of goods;
2.3. “Vendor Location” means the vendor’s premises or other location where the Services are to be supplied, as set out in the Order;
2.4. “Goods” means any products or services for sale as listed by the vendor via Q Tap Systems, of the number and description as set out in the Order;
2.5. “Order” means the User's order for the Goods from the vendor as set out in the User's order;
2.6. “Services” means the services provided by Q Tap Systems to the User’s and Vendors through the mobile application as outlined in clause 1.3.
2.7. All Services are subject to availability.
2.8. We can make changes to the Services or terms of terms of service, which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes through the means of email, posting a notice on our website (www.Q Tap Systems.co.uk), a push notification on your smartphone or any other reasonable means of communication.
3.1. You must only use the service on a mobile device that you are in ownership of.
3.2. The mobile device that is running the mobile application has the operating software updated in accordance with our technical specifications. Where in doubt, this refers to the latest version available.
3.3. You are required to provide basic account information before an order can be fulfilled. The purpose of this is to make sure that the right vendor is paid accordingly for their goods. You must keep these login details secret and are responsible for any activity on your account. Q Tap Systems accepts no responsibility for fraudulent activity that may occur on your account.
3.4. You agree not to use the app to copy, store, duplicate, modify, create derivative works. This includes reverse engineering any of the functionality provided. Any untoward conduct is not condoned by Q Tap Systems and will be investigated immediately and your account will be terminated.
4.1. The description of the Services and any Goods in our website or mobile application does not constitute a contractual offer to sell the Services or Goods.
4.2. The prices of the goods advertised on our mobile platform are determined solely by the vendor. Q Tap Systems takes no responsibility for variations in pricing or incorrect prices as a result of insufficient information provided from the vendor.
4.3. When an Order has been made, we (Q-Tap systems Ltd) or the Vendor can reject it for any reason, although we will try to tell you the reason without delay, which must be due to running out of stock or resources, a price or description mistake, inability to obtain your payment or other genuine and fair reason.
4.4. A Contract will be formed for the Services ordered, only upon Q Tap Systems sending an email to the User saying that the Order payment has been settled.
4.5. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the User and the Supplier in writing.
4.6. You have the right to cancel an order providing it is not being“prepared”. When an order is being prepared by the venue it enters a separate digital ticket queue and will then be fulfilled by the venue. To cancel the order before this time the customer should contact the vendor directly,
no guarantee is made that the order will be cancelled if Q Tap Systems are notified or the venue does not receive the cancellation message.
4.7. Refunds will be processed as soon as reasonably possible and when any disputes have been settled and agreed upon by both parties.
5.1. The fees (“Fees”) relate to the price of any Goods and any additional provision or other charges is that set out in our price list current at the date of the Order.
5.2. Fees and charges include VAT at the rate applicable at the time of the Order, so that, if the rate of VAT increases before acceptance of the Order, we will only increase the Fees or charge by the amount of that increase if you agree, otherwise we must reject the Order and promptly inform you of this.
5.3. You expressly understand and agree that all payments and monetary transactions are handled by a 3rd party platform,TBC - Braintree. Q Tap Systems is a “Partner Application” as defined in the payment processors Terms of Service, your relationship with Braintree is separate from your relationship with Q Tap Systems. By agreeing to these terms or continuing to
use Q Tap Systems, you agree to be bound by the Braintree Services Agreement, as the same may be modified from time to time.
5.4. You must pay by entering your credit or debit card details alongside your Order into the Braintree interface. You agree that Q Tap Systems shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Braintree.
5.5. Braintree aims to invoice you on a 7-day rolling for your purchase related to that period. However, Braintree and Q Tap Systems reserve the right to amend the billing schedule without notice in a reasonable manor.
5.6. You must not process stolen credit cards, or unauthorised credit cards through Braintree and/ or your Q Tap Systems account.
6.1. The mobile application is currently free of charge and will remain so unless Q Tap Systems feel it necessary to change this policy in accordance with clause 2.8.
6.2. When a user places an order using Q Tap Systems’s mobile application, the user contracts directly with the vendor. Q Tap Systems has limited authority to act as an agent on behalf of the vendor in order to process ordering and payment.
6.3. We reserve the right to withdraw or suspend the service without notice. Q Tap Systems will not be liable for any damages resulting from an inactive service. Accordingly, partner vendors may refuse orders this includes, but is not limited to, stock control, payment malfunctions, staff illness, machinery breakdowns.
6.4. The Goods will become your responsibility from the completion of User collection. You must, if reasonably practicable, examine the Goods before accepting them.
6.5. Persons placing an order for alcohol must be at least 18 years old to use the service. Alcoholic beverages can only be sold and delivered to persons aged 18 or over.
6.6. By placing an order that includes alcohol, you confirm that you are at least 18 years old. Q Tap Systems reserves the right to refuse to deliver any alcohol to any person who does not appear, or cannot prove they are, aged 18 or over.
7.1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
7.2. Neither Q Tap Systems nor any vendor shall have any liability to you 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 Service.
7.3. The vendors agree to have your order ready as close to the allotted time as reasonably possible. However, unforeseen circumstances may cause a delay in your order. This is outside of Q Tap Systems’s control and neither we, nor the vendor, have any liability to you. Please contact us if this occurs.
7.4. If you are unable to make the time specified on your order schedule and are unable to cancel according to clause 4.6, then you are responsible for any damages that may have occurred. However, please contact Q Tap Systems and we will investigate your case and act as we see appropriate. Q Tap Systems can offer a refund that, where appropriate, can be up to the full amount of the Fees or charges.
8.1. We will provide the following after-sales service: The supplier will support the User in installing and activating their new equipment. The supplier is responsible for User service related to the use of the introduced system. 8.2. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
9.1. The Contract continues as long as it takes us to perform the Services.
9.2. We may terminate the contract or suspend the service without any notice but only where we believe you have breached clause 3 or clause 4.
9.3. You are free to terminate or suspend the service at any by deleting your account and removing the mobile application from your smartphone.
9.4. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
10.1. In the event of any failure by a party because of something beyond its reasonable control:
10.1.1. The party will advise the other properly as soon as reasonably practicable; and
10.1.2. The party's obligations will be extended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the User's above rights relating to vendor or supplier.
11.1. These terms of use 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 the England and Wales.
11.2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the User lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
11.3. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs Users should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.