nez - discover exclusive offers from your favourite local food and drinks spots
These are the Terms of Use for NEZ Limited trading as nez ("nez", "we", "us" or "our") and our food and drink offers mobile application ("App"). Our service assists retailers in accessing a wider audience and increases their brand awareness. It also gives our end users access to exclusive offers, through the App, based on the end user’s location.
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 the App or create a user account with us you are agreeing to these terms, and our ​Privacy Policy​ which all form the Terms and comprise our agreement with you. This means the Privacy Policy is as binding as these terms.
By agreeing to the Terms you are also confirming that you are happy for us to collect, maintain, process and use your location data (see ‘location services’). You can read more about how we will use this data in our Privacy Policy. Please note your location data is required in order for the App to function. If you are not happy for us to use this data, please do not download the App (or delete it).
Your Right To Use The App
If you agree to the Terms and abide by them, we are pleased to give you permission to use the App on your device (just a right to use, you don’t own it). We may give the same permission to others and we can take away this permission at any time (see ‘ending our relationship’). You are also telling us that you have the device owner’s permission to use the App on the device.
Limitations on Use
You must be at least 18 years old to download and use our App, or, if you are not at least 18, you may download and/or use our App but only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not download the App (or delete it).
Operating system requirements
The App requires an iPhone 4, 4s, 5c or 5s device with Internet access and the iOS7 operating system. This App is optimised for iPhone 5c and 5s.
Your Account
You cannot transfer our agreement 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.
Fees
The App is currently free, however you will be responsible for any fees that you incur by accessing and using the App. These fees may include Internet fees, mobile phone data charges or fees for In-App Purchases.
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.
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.
Location Services
The App needs location data sent from your device in order to function properly (as details of our offers will, mostly, be provided to you and sorted based on time and your location). You will need to turn your location services on (and may need to check the location settings) on your device before the App can work. If you are not happy for us to use this data, please do not download or use the App.
We Own The App
The App belongs to us, and we (or our licensors) own all intellectual property rights in the App and any content (i.e. text, photos, videos or program code (Content)) 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.
It’s your content
When you submit any content via our App (for example, reviews of particular offers or vendors via our App) we expect that you own, and are responsible for, that content and you:
  • give us an unlimited permission to copy, use, distribute, adapt, re-format, modify, publish, translate, licence, assign and/or transfer the content throughout the world for all purposes as we consider appropriate; and
  • you waive all moral rights which you may have in relation to that content.
Any 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’).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;
  • use the App if we have suspended or banned you using the service.
Sometimes Things Don’t Work
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.
Other People’s Websites
Sometimes the App will share links to other people’s websites. These sites aren’t under our control and we aren’t responsible for (and don’t endorse) their content or policies. You are responsible for using these sites, including buying anything through them.
Social Media
Please note that, if you choose to select the relevant option (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. 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.
We May Ask You To Stop Using The App
We reserve the right to immediately terminate our agreement and 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); or
  • use the App to breach any law or regulation; or
  • 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.
If you no longer wish to use the App, uninstall the App from your phone.
Contacting You
By downloading and using the App you consent to receiving electronic communications and notices (including push notifications) from us.
Our Liability To You
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; or
  • inaccurate mapping or geo-location services that may be provided as part of the App; or
  • the quality of any establishments you visit as a result of using the App; or
  • the validity of any offers posted on the App.
The App is provided on an “as is” basis 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 below.
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 for death or personal injury resulting from our negligence, fraud or any other liability that cannot be excluded or limited by English Law or affect any rights that you may have as a consumer.
Under no circumstances will NEZ Limited (or its employees, agents and sub-contractors, or member of its group and third parties connected to the group) be liable to you for any costs, damages, claims, actual or alleged indirect loss or consequential loss however arising suffered by you, including, but not limited to, loss of profits, loss or corruption of data, savings, business or opportunity, reputation or any other sort of economic loss.
NEZ Limited’s 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 its obligations under these Terms in respect of any one or more incidents or occurrences shall be limited to £10.
Privacy Policy
You can read our Privacy Policy at any time on our website: ​https://joinnez.com/privacy
Changing the Terms
We may change our Terms from time to time, so please check this page regularly. We will try to notify you in advance where there are any significant or very important changes. By continuing to use the App after any changes are made you agree to be bound by such changes.
About us
nez Limited is a company registered in England and Wales, with company registration number 10280592.
Our registered office is:
Nez Limited, Floor 3,61 Tottenham Court RoadLondonW1T 2EPYou can contact us here: ​info@joinnez.com
Law
As we are based in England, English law will apply to all disputes and the interpretation of this agreement and English courts will have exclusive jurisdiction.