Terms of Service

1. Definitions

Services:

Grubify's online ordering platform, including your ordering website, order management, kitchen screen and any features in your plan.

Order Form:

the document setting out your plan, sites, fees and term.

End Customers:

people who order from you through the Services.

Customer Data:

personal data about End Customers processed through the Services.

Your Content:

your menus, prices, images, logos and brand materials.

2. The Services

1. 2.1

   We provide the Services for your plan and sites in the Order Form.

2. 2.2

   We may improve or change the Services, as long as we don't materially reduce the features in your plan during your current term.

3. 2.3

   Setup includes building your ordering site and menu, configuring payments and basic staff training, delivered remotely unless the Order Form includes an on-site visit.

3. Term, renewal and cancellation

1. 3.1

   Monthly plans run month to month. Either of us can cancel with 30 days' written notice.

2. 3.2

   Annual plans run for 12 months from the start date and renew for a further 12 months unless either of us gives 30 days' written notice before the end of the term. If you end an annual plan early (other than under clause 12.2), the fees for the rest of that term become due.

3. 3.3

   Multi-site plans have a 12-month minimum term, then renew as in clause 3.2.

4. Fees and payment

1. 4.1

   You pay the subscription and any setup fee in the Order Form. Fees are payable monthly in advance (or annually in advance if chosen) by card or Direct Debit. Prices exclude VAT, which is added where applicable.

2. 4.2

   Customer service charge. End Customers pay Grubify a service charge of 5% of the order value, capped at £2.99 on delivery orders and £0.99 on collection orders, shown to them at checkout. It is Grubify's income. You pay no commission on orders.

3. 4.3

   Card processing. Card payments are processed by our payment provider, Stripe, at the rate in the Order Form, deducted before payouts to you.

4. 4.4

   Courier delivery. If you use a third-party courier through the Services, courier fees are charged to you at cost unless the Order Form says otherwise.

5. 4.5

   Price changes. We will give you at least 60 days' written notice of any price increase. Prices are fixed for the remainder of any annual or minimum term already started.

6. 4.6

   Late payment. If payment is more than 14 days late, we may suspend the Services after giving you 7 days' written notice. We may charge statutory interest on late B2B payments.

5. Your responsibilities

1. 5.1

   You are responsible for your menus, prices, descriptions and images being accurate and lawful.

2. 5.2

   Allergens. You are responsible for providing accurate allergen information to End Customers before they order and at delivery, as required by food law. Grubify does not verify allergen information, including any imported using our menu tools.

3. 5.3

   You are responsible for food safety, hygiene, licences, the food you supply and your dealings with End Customers, including refunds and complaints.

4. 5.4

   If you use your own drivers, you are responsible for them, including their right to work, insurance and conduct.

5. 5.5

   You must keep your login details secure and not misuse the Services.

6. Data and ownership

1. 6.1

   You own your Customer Data and Your Content. You can export your customer list at any time, and for 30 days after your plan ends.

2. 6.2

   Grubify processes Customer Data on your behalf under the Data Processing Agreement in Schedule 1.

3. 6.3

   We own the Services and all related software and intellectual property. You get a non-exclusive licence to use them during your plan.

4. 6.4

   You give us a licence to use Your Content to provide the Services. We may name you as a customer and show your logo on our website unless you ask us not to.

7. Availability and support

1. 7.1

   We will use reasonable endeavours to keep the Services available and to give notice of planned maintenance.

2. 7.2

   Support is available by email at hello@grubify.co.uk.

3. 7.3

   We don't guarantee uninterrupted service, and outages don't entitle you to compensation unless the Order Form says otherwise.

8. Confidentiality

Each of us will keep the other's confidential information private and only use it for this agreement, unless disclosure is required by law.

9. Liability

1. 9.1

   Nothing limits liability for death or personal injury caused by negligence, fraud, or anything else that can't be limited by law.

2. 9.2

   Neither of us is liable for loss of profits, revenue, goodwill or indirect loss.

3. 9.3

   Each party's total liability in any 12-month period is limited to the fees you paid Grubify in the previous 12 months.

4. 9.4

   You will indemnify Grubify against claims from End Customers arising from your food, allergen information, delivery by your drivers or breach of food law.

10. Suspension

We may suspend the Services immediately if needed to protect security, comply with law, or if you seriously breach these terms. We will restore them promptly once the issue is resolved.

11. Changes to these terms

We may update these terms with 30 days' notice. If a change materially harms you, you can end your plan before it takes effect without an early termination charge.

12. Ending the agreement

1. 12.1

   Either of us may end the agreement as set out in clause 3.

2. 12.2

   Either of us may end it immediately by written notice if the other materially breaches it and doesn't fix the breach within 14 days of notice, or becomes insolvent.

3. 12.3

   On ending: fees owed become payable, your ordering site is taken offline, and we delete Customer Data 30 days after the end date unless the law requires us to keep it.

13. General

1. 13.1

   Notices must be in writing, including by email to the contact addresses in the Order Form.

2. 13.2

   Neither of us is liable for delays caused by events outside our reasonable control.

3. 13.3

   These terms, the Order Form and Schedule 1 are the whole agreement. If they conflict, the Order Form wins, then Schedule 1, then these terms.

4. 13.4

   These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.