nez - Terms of Use

These are the terms of use on which you may make use of our food and drink offers mobile application (and any update/upgrade to it) that we make available for download from any third party application store (our "App"). Additional terms may also apply to certain features, parts or content of the App and, where they apply, will be displayed on-screen or accessible via a link.

The App is provided by or on behalf of NEZ Limited, trading as nez ("nez", "we", "us" and "our"). We are a limited company, registered in England. Our registered company number is 10280592, and our registered office is at 35 Ballards Lane, London, United Kingdom, N3 1XW.

Our App assists retailers in accessing a wider audience and increases their brand awareness. It also gives our end users access to our retail partners' exclusive offers, through the App, based on the end user's location. Our retail partners are responsible for honouring the offers that are made available on the App and for the delivery of the food and drink referred to in offers.

As well as the offers, that we do not charge for, we may make available on the App Vouchers which you can purchase from us and then redeem with the applicable retailers. These Vouchers are governed by our Voucher Terms below, which form a part of these terms.

To use our App, you must agree to these terms. We recommend that you read them carefully.

You Agree To Our Terms

If you use, install and/or access the App or create a user account with us, you confirm that you accept and agree to these terms of use ("Terms") which comprise our agreement with you. If you do not agree to these Terms, you are not permitted to access or use the App.

Access to the App

You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download the App to that device. You accept responsibility, in accordance with these Terms, for all access to, and use of, the App by you on any device, whether or not it is owned by you.

The App is intended for use only by persons who are at least 18 years of age. By using the App, you confirm to us that you meet this requirement. If you do not qualify, please do not download the App (or delete it).

Operating system requirements

You must make sure you have a compatible device which meets all the necessary technical specifications to enable you to access and use the App.

Your Account

You cannot transfer your account to another person (by selling or giving your account or allowing another to use your account). You cannot use the App for purposes that are commercial, i.e. to make money, without our consent.

Any points you receive in the App which can be redeemed against our retail partners' offers, are non-transferable and can be revoked by us at any time. You must comply with any rules regarding such points which are made available to you in the App.

Fees

The downloading of the App is currently free , however optional "in-App" purchases will require you to pay a fee, the amount of which will be as set out within the App. You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, the App may charge for internet access (including mobile data usage) on that device. You acknowledge that Vouchers may be available, which you may purchase through the App. These are governed by our Voucher Terms below, which form a part of these terms.

In-App Purchases other than Vouchers

The downloading of other optional "in-App" purchases will require you to pay a fee, the amount of which will be as set out within the App.

The optional "in-App" purchases (for example, of certain features, functions or content) you download are made available to you immediately after the download is complete and you acknowledge and agree that this is the case and that, therefore (subject to any cancellation right that the terms of service of the relevant third party application store may allow you), you will have no right to change your mind and cancel under the Consumer Contracts Regulations (sometimes known as a 'cooling off' right) once the download has started. This section does not apply to Vouchers, which are subject to refund rights in the Voucher Terms below.

Where you pay to download the in-App purchase, we warrant that it will substantially comply with the description provided by us at the point of download (but this does not apply to Vouchers which are addressed in the Voucher Terms below).

App Store Rules

The app store where you downloaded the App may have their own terms. We don't have any control or influence over these, so please read them carefully. We are not responsible for these stores or (with the exception of the App) for anything provided by them and do not guarantee that they will be continuously available.

Push Notifications

The App may offer push notification features. If you want to turn these off, visit the settings page of the App. Push notifications will require WiFi or a data connection to work.

We Own the App

Subject to compliance with these Terms, we license, but do not sell, to you the App you download. The App belongs to us, and we (or our licensors) own all intellectual property rights in the App and any content in the App (including text, photos, videos or program code), other than User Consent and unless otherwise stated. We reserve all our rights in relation to the App and its contents. We may transfer our rights and obligations to anyone without your permission.

Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the App or any content from the App.

It's your content

The App may, from time to time, allow you to submit user-generated content (for example, reviews of particular offers or vendors via our App): (User Content). We do not control User Content submitted. You are solely responsible for User Content as submitted by you and acknowledge that all User Content expresses the views of its respective authors, and not our views. When you submit any User Content via our App we expect that you own, and are responsible for, that User Content and you:

  • grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub- licensable right and licence to copy, use, distribute, adapt, re-format, modify, publish, translate, licence, display assign and/or transfer the User Content (in whole or part) and/or to incorporate it in other works in any form, media or technology as we consider appropriate; and
  • you waive all moral rights which you may have in relation to that User Content.

Any User Content (even if you delete it) may be stored in backup copies that are kept for a reasonable period of time.

As part of registering for the App, you will create a public profile, which may contain certain information that identifies you (such as your name). In addition, you may be able to post photographs and other information. Any content you upload to your App profile belongs to you and you are responsible for any information that you have posted and we don't accept any responsibility for anything you post or share.

App Updates

We are constantly trying to make the App better and we may ask you to install updated versions from time to time. When we do, the old version(s) may no longer work. Depending on the update, you may not be able to use the App until you have accepted any new terms. We will notify you on opening the new version of the App if our terms have changed.

Your Accounts and Passwords

Your account, account details and password are private. Please keep them private and safe and do not share this information with anyone else or let anyone else use your account. If you think someone else is using your account, change the password straight away and contact us immediately.

As your account is managed by you, you are responsible for anything that happens through use of your account.

We give you permission to use the account you create, however, your account belongs to us. We may delete your account if it has been inactive for 6 months or for the reasons set out below (see 'Ending our relationship with you'). When creating an account you must not:

  • create or use more than one account to use the App;
  • give any false information in your account details;
  • permit another person to use the App under your name or on your behalf; or
  • use the App if we have suspended or banned you using the service.

App Features and Content

Due to the nature of the Internet and technology, we can't promise that the App will be uninterrupted, error-free or meet all your expectations. Whilst we wish to make every effort to fix things, we are not obliged to fix or support the App.

Whilst we try to make sure that content made available by the App consisting of information of which we are the source is correct, you acknowledge that the App may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information made available by the App is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

External Websites

The App may, from time to time, include links to external sites, including links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

Social Media

Please note that, if you choose to select a relevant option in the App (for example when you 'share' an offer), your activity on the App may also be made available to social platforms such as Facebook and Twitter (as notified to you). Please read the privacy policies of those social platforms, because any of your nez activities published on those platforms will no longer be governed by our Privacy Policy and Terms. You may come across links to social media pages using our App. We have no control over these sites and you use them at your own risk. Remember to read their terms of use.

Ending our relationship with you

We reserve the right to suspend or immediately terminate these Terms your use of the App, at our discretion and without prior notice. We may also end your use of the App if you:

  • fail to use the App in the way it was intended, or ways in which are not compliant with our Terms (including our Privacy Policy);
  • use the App to breach any law or regulation;
  • act fraudulently or maliciously;
  • interfere or attempt to interfere with the servers or networks connected to our App; or
  • transmit any material through the App that is offensive or otherwise objectionable in relation to your use of the App or any service.

If we do end your use of the App, we will tell you and you must immediately stop using the App and uninstall it from your device. You will lose any benefits, privileges, or items obtained through your user account. We will not offer you compensation for any losses or for unused items at the time we end your use of the App.

If, at any time, you do not feel that you can agree to our Terms or you are not happy with the App, you must stop using the App. All rights granted to you under these Terms will also terminate immediately in the event that you are in breach of any of them.

If you no longer wish to use the App, uninstall the App from your phone.

Our Liability to You

Except as set out in these Terms, you accept that we cannot be liable for any losses as a result of:

  • failure or interruption to your mobile telecommunications service provider's network;
  • inaccurate mapping or geo-location services that may be provided as part of the App;
  • the quality of any establishments you visit as a result of using the App;
  • the failure of any of our retail partners to honour their offers posted on the App;
  • any products or services provided by our retail partners; or
  • the validity of any of our retail partners' offers posted on the App.

You agree that downloading, accessing and use of the App, since it is made available for download free of charge, are on an 'as is' and 'as available' basis and at your sole risk, and we have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to you in connection with your use of the App. We can't accept any responsibility for any failures, loss or damage resulting from your use of the App except as set out in these Terms.

All promises, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from our agreement with you.

Nothing in our Terms shall limit or exclude liability to you:

  • for death or personal injury resulting from our negligence;
  • fraud or fraudulent misrepresentation;
  • for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
  • for any other liability that, by law, may not be limited or excluded.

Subject to this, under no circumstances shall we be liable to you for any business losses and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.

Subject to these Terms, our maximum aggregate liability in contract, tort, or otherwise (including any liability for any negligent act or omission) arising out of or in connection with the performance of our obligations under these Terms in respect of any one or more incidents or occurrences shall be limited to the greater of: (i) the total fees paid by you for any Vouchers or other "in-App" purchases in respect of which the liability arises; and (ii) £100.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.

Privacy Policy

Use of your personal information submitted to or via the App is governed by our Privacy Policy.

Changing the Terms

We may change our Terms from time to time by changing them on our website. We will notify you in advance where there are any significant changes. By continuing to use the App after any changes are made (and notified to you in advance, in relation to significant changes), you agree to be bound by such changes. These Terms were last updated on October 10, 2019.

Contacting us

Please submit any questions you have about these Terms or any complaint or concern in relation to the App by email to info@joinnez.com or write to us at: nez Limited, Floor 3, 70 Wilson Street, London, EC2A 2DB.

General

You may not transfer or assign any or all of your rights or obligations under these Terms without our consent.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.

These Terms may not be varied except with our express written consent.

These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter.

These Terms shall be governed by English law, except that if you live in Scotland or Northern Ireland, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

You agree that any dispute between you and us regarding these Terms or the App will only be dealt with by the English courts, except that if you live in Scotland or Northern Ireland, 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.

Voucher

We may make available Vouchers on the App, which you may purchase from us. In these Terms the following definitions apply:

  • "Merchant" means a third party retailer in respect of whose goods or services a Voucher applies;

  • "Merchant Offer" means a promotional offer Products set out in a Voucher in respect of certain Merchant Products;

  • "Merchant Products" means the goods and/or services which are offered by a Merchant;

  • "Voucher" means a voucher issued by us which includes details of a Merchant Offer along with a unique security code, which when presented in physical or electronic form entitles the Voucher holder to receive the Merchant Offer from the Merchant subject at all times to the Voucher Rules.

  • "Voucher Expiry Date" means the expiry date specified on a Voucher after which the Voucher is no longer redeemable (and is void);

  • "Voucher Rules" means the eligibility requirements and other terms and conditions relating to the redemption of a Voucher and the supply of the relevant Merchant Products, set out on the Voucher;

Purchase of Vouchers

The contract of sale for the purchase of a Voucher is between you and us. When you place an order to buy a Voucher this is an offer from you to us. Following this, if we accept your offer we will send you the Voucher by email The contract between us and you for the sale of the Voucher is formed when you receive that email.

We may update, modify, remove, suspend or replace any Voucher or any part of any Voucher on the App at any time before the above contract is formed in relation to the Voucher.

The price of each Voucher will be specified on the App (inclusive of VAT (if applicable)). Where there is an error in the price of any Voucher we are not obliged to issue it and Merchants will not be obliged to redeem it, but you will be entitled to a refund for the Voucher.

Any purchase of a Voucher must be for your personal, non-commercial uses only.

Voucher Rules

Each Voucher will be subject to the relevant Voucher Rules in each case, which may include eligibility requirements for redemption of the Voucher. The Voucher Rules may relate to one or more of the following factors:

  • (a) specific features or limitations of the Merchant Products covered;
  • (b) the location(s) at which the Voucher can be redeemed;
  • (c) any other redemption instructions (such as booking by telephone or online); any age restrictions;
  • (d) Voucher Expiry Date; or
  • (e) any requirements as to minimum or maximum numbers of participants;
  • (f) any optional service charges that may apply in respect of food and drink; other relevant factors relevant to the Merchant Offer.

In purchasing a Voucher you warrant that you agree to comply with the Voucher Rules. In the event of any conflict between these Voucher Terms, or any other part of these Terms, and the Voucher Rules, the Voucher Rules will take priority. The Voucher Rules will be set out on the Voucher and will be available to you before you purchase it.

You may not make a copy of any Voucher or transfer or sell it to any other person. We may cancel any Voucher where we believe you have done so or otherwise have not complied with the Voucher Rules.

Redemption of Vouchers

Each Voucher will set out details of the Merchant, the Merchant Offer, the Merchant Products, and the Voucher Rules.

Vouchers may be redeemed with the relevant Merchant for their Merchant Products as set out in each Voucher. The contract of sale for Merchant Products, and for any other products and services from Merchants, is between you and the Merchants (but payment for the Voucher to us will extinguish any debt owed by you to the Merchant for the Merchant Offer).

Vouchers cannot be redeemed against products and services except the Merchant Products specified in the Voucher as being included in the Merchant Offer, unless the Merchant agrees otherwise. Also, Vouchers can only be redeemed in full. If you redeem a Voucher against different products or services or you redeem a Voucher in part only, you have no right to a refund from us. Also, we are not liable to you for any lost or damaged Vouchers.

Our liability in respect of Merchants

We are not responsible or liable in any way for:

  • (a) any Merchant Offers;
  • (b) any aspect of any Merchant Products;
  • (c) any other of the Merchants' products or services;
  • (d) Merchant's premises;
  • (e) any failure or refusal by any Merchant to provide or perform any Merchant Offer in full or in part;
  • (f) any unavailability of any Merchant Product;
  • (g) any claims made by Merchants to their products or services including as to level of discount offered, or previous selling prices for any products or services;
  • (h) any guarantees, warranties or after sales support or services in relation to any Merchant Products;
  • (i) use of your personal information by any Merchant; or
  • (j) for anything else in relation to the redemption of any Voucher with any Merchant.

Also we make no warranty or representation that any Merchant Offer is exclusive.

Cancellations and refunds

You have a legal right to cancel your purchase of a Voucher at any time up to the end of fourteen days from the day after the day you receive the Voucher provided that you have not already redeemed it. If you cancel during this period, you will receive a full refund for the Voucher, which we will pay to you via the card you used to purchase the Voucher, within 14 days. To exercise the right to cancel you must either contact customer support through the nez App or inform us of your decision to cancel using the model cancellation form below.

If you cancel you must not use the Voucher and must destroy or delete all copies of it. If you try to redeem a cancelled voucher we or the Merchant may have a legal claim against you, and it may be an offence.

Use of your personal information by Merchants

You should ensure you read and understand any uses of your personal information by Merchants including as set out in their privacy policies.

Cancellation form