Vendor Terms of Use

Last updated June 2017

If you choose to register for the mmmLUNCH service and accept pre-orders for your business you are confirming that you agree to the terms listed here. If you do not wish to be bound by these terms, or do not agree with these terms then do not proceed. You also confirm that you have the authority to accept these terms on behalf of your business.

Through using the service, your customers agree to the Platform Terms of Use and our Privacy Policy at the point they create an account before placing their first order.

  1. Defined Terms
    1. Within these Vendor Terms of Use (“terms”) of use, the following terms have the following meanings:
      1. “Vendor(s)”, “you” and “your” means you the business using the Services offered by us.
      2. “Customer(s)” means the buyer of your Products.
      3. “Service(s)” means the services offered by us in providing you with the mmmLUNCH pre-ordering service.
      4. “Product(s)” means the goods produced by you which your customers can pre-order through our services.
      5. “Platform” means the mmmLUNCH app and/or website.
      6. “mmmWALLET” means the pre-payment account which a customer tops up with their debit or credit card to fund pre-orders on the platform.
      7. “mmmLOYALTY” means the loyalty scheme which you can offer your customers on the platform.
      8. “Account” means your mmmLUNCH account which contains details of your pre-orders.
      9. “Lunch Round” means a mobile service (e.g. a sandwich van) allowing your customers to collect their pre-ordered product from a specific location, usually in a specified time slot.
      10. “Lunch Shop” means a static location (e.g. a shop) where your customers can come to collect their pre-ordered product at a particular time.
      11. “Device” means the equipment you are using to access the platform.
  2. Introduction and Relationship
    1. This website and services are operated by Trask Tech Ltd, a company registered in England & Wales under company number 9309782, whose registered office is Castlemead, Lower Castle Street, Bristol, BS1 3AG, with VAT registration number GB216459209 (“Us”, “we”, or “our” for short).
    2. The service to which these terms apply is done so under the brand “mmmLUNCH”, a pre-ordering service for lunch rounds and shops.
    3. In order to access our services, you must submit the registration form providing introductory information about your operations.
    4. Information provided during registration is subject to our standard privacy policy available at http://mmmlunch.menu/privacy.
    5. You will also be required to provide a sort code and account number of a UK bank account in which your sales revenue (less service fee) should be deposited. You confirm that this bank account belongs to your business and you are authorised to provide these details.
    6. We will email you confirmation of receipt, but this does not grant you immediate access to our platform.
    7. Your registration request will be reviewed by us and we will respond within 2 business days.
    8. We may request further information from your before we are able to grant you access to our platform.
    9. If we are unable to proceed with your registration at this time, we will contact you to explain the reasons why we cannot accept you onto the platform at this time.
    10. If your registration is successful, we will email you a temporary password to access the service. When you log in for the first time, you will be required to change this to something else. The password will be required to adhere to our password policies at the time.
  3. Account Creation
    1. If you provided us with your menu during the signup process, the platform will be pre-configured to your menu.
    2. If you did not provide your menu, you can then begin to set up the platform to your needs. If you would like any assistance with this, please don’t hesitate to contact us at [email protected].
    3. User logins and passwords should not be shared by more than one individual. If you require additional user accounts for your colleagues, please contact us at [email protected].
    4. If you become aware of any unauthorised use of your account, please notify us immediately at [email protected].
  4. Receiving Orders and Payment
    1. Pre-orders can be viewed on the platform as soon as your customer confirms the order.
    2. For lunch rounds, we will send an email shortly after the cut-off time each day containing your orders for that day. If there are no orders, we will confirm that there are no orders.
    3. For lunch shops, we will send an email shortly after the cut-off time for each time slot detailing the orders for that time slot. For example, if the cut-off time is three hours, and collection windows are every 15 minutes, for the 1:00PM collection time we will send the email just after 10:00AM. The 1:15PM collections just after 10:15AM, and so on.
    4. Whilst we will make reasonable effort to ensure email notifications are sent in a timely manner we are unfortunately unable to guarantee delivery of these emails.
    5. If we have agreed another form of integration for to retrieve orders, they will be sent to you as agreed.
    6. Payment for the pre-order will be credited to your statement immediately, less the service fee deducted by us, as set out in your account agreement.
    7. Sales proceeds are received by us from our payment processor into a separate bank account used solely for the purpose of receiving and forwarding pre-order proceeds to you.
    8. Withdrawals of your account balance will be made automatically to your nominated bank account by us on a weekly basis, provided that your balance is £50 or higher.
    9. Until the cut-off time defined by you on the collection date, your customer can still cancel their order. When a customer cancels a pre-order, the sales proceeds are debited from your account. We will also refund any service charge relating to this order. If orders are cancelled and your account is not in credit, your account will go into debit.
    10. If your account remains in debit for more than 14 days, we reserve the right to request payment from you.
    11. Payment processing services are provided by a third party, JudoPay. We do not store credit or debit card information of your customers. Our use of these payment processing services is subject to JudoPay’s own terms of service.
    12. Customers who choose to use the quick checkout feature to top-up their mmmWALLET confirm their agreement to store a secure token on their device. On future top-ups, this token is used to remove the need for them to enter their full card number each time they topup. This token is not stored on our servers, it is stored securely on the user’s device.
    13. Any fees incurred from our payment processor in relation to successful chargebacks will be passed onto you, and the sum debited from your account.
    14. For the purposes of VAT, we confirm that we are entering into an agent-principle relationship with you. We (the agents) are acting in your name (the principal) in arranging the supply of pre-orders of your products.
    15. You are responsible for ensuring that your products include VAT at the appropriate rate. All prices displayed to customers through the platform are assumed to include VAT where appropriate. You are responsible for the payment of any VAT collected from your products to HMRC where appropriate.
    16. If you choose to charge your customers an order fee to place a pre-order, you are also responsible for ensuring that this charge is correctly considered in any VAT calculations you may be required to make.
    17. Our service fee excludes VAT. This will be added by us at the appropriate rate.
  5. Pre-order Fulfilment
    1. You agree to provide your customer with their requested pre-order at the date and location they have chosen. If you are operating from a single location, your customer may have also specified a time for their collection.
    2. If you are unable to meet the customer’s pre-order it is your responsibility to contact the customer through the platform confirming the order has been cancelled. You may choose to offer the customer compensation for their missed pre-order. Please contact us at [email protected] if you’d like assistance with this.
    3. You are expected to label the product with the customer’s details which we provide to you. We will provide you with the customer’s name, order reference and their collection location, date and time (if applicable).
    4. The customer is expected to provide visual confirmation when collecting their pre-order. This could be (but not limited to), the appropriate page on the mmmLUNCH app showing their pre-order, an mmmLUNCH pre-order confirmation email, ID documents confirming the customer’s name.
    5. You are responsible for ensuring that the correct customer collects the correct lunch they have pre-ordered.
  6. mmmLOYALTY Scheme
    1. You may choose to offer the mmmLOYALTY customer loyalty scheme on the platform. If you choose to offer this scheme, the following terms apply:
      1. Each time a customer places an order they will be awarded an mmmLOYALTY point for each 10p spent.
      2. When the customer reaches the quantity of mmmLOYALTY points specified by you within the platform they can exchange the points for money off a future purchase from you.
      3. mmmLOYALTY points will be tracked and recorded automatically by us following each order.
      4. Customers can see the number of mmmLOYALTY points on the platform at any time.
      5. You can disable the mmmLOYALTY program at any time. Customers will not lose the mmmLOYALTY points already received, but they will be unable to collect any more. Customers may be unable to spend any existing mmmLOYALTY points if you disable the scheme.
  7. Our services to you
    1. We will make reasonable efforts to ensure a reliable service to you, however due to the nature of the services offered, we are unable to guarantee 100% uptime of our platform.
    2. We are also unable to provide any guarantees for any services provided by third-parties.
  8. Your agreement
    1. You agree that any information provided regarding your products is and will continue to be accurate.
    2. You agree that any information displayed on our platform regarding your products is not unlawful (including, but not limited to, defamatory, obscene, pornographic, abusive or threatening).
  9. Disputes
    1. In the unlikely event of a dispute between you and your customer that you cannot resolve, we will provide assistance to help resolve the dispute.
    2. Using information provided to us by you and your customer, as well as any appropriate activity recorded on our platform, we will suggest how the matter should be resolved.
  10. Ending your relationship
    1. You are free to end your relationship with us at any time without penalty. It is recommended that you disable the pre-order service enough time in advance to ensure that existing pre-orders can be fulfilled.
    2. You agree to ensure that all outstanding pre-orders are fulfilled before you stop using the service.
    3. You agree to refund customers for any pre-orders which you are unable to fulfil before you stop using the service. Please contact [email protected] if you require any assistance in doing this.
  11. Liability
    1. Nothing in this Agreement shall exclude or limit our liability for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence or any other liability which cannot be lawfully excluded or limited.
    2. Except as may be expressly set out in this Agreement, all conditions, representations and warranties relating to the platform are excluded to the maximum extent permitted by law.
    3. We shall not be liable for:
      1. any defects or errors in the platform;
      2. the accuracy, completeness or legality of any data, content or other information provided by you;
      3. interruptions in or unavailability of the platform; nor
      4. any breach of any obligations due to a cause beyond our reasonable control.
    4. We shall not be liable for any:
      1. loss, damage or distress arising from reliance on information or reliance on availability of the platform; nor
      2. loss of business, customers or profits; nor
      3. indirect, consequential or economic loss, damage or distress (including any such loss, damage or distress arising from unauthorised use of or damage to your data or content),
      4. which you suffer in relation to this Agreement, or your use of the platform.
    5. Without prejudice to other limitations on our liability (including clauses 11c and 11d) and clause 11a, our total liability to you in any twelve (12) month period for any other losses or claims relating to the platform and arising during that period is limited to £500 or the fees paid by you to us in such a period, whichever is greater.
    6. You agree to indemnify us against all liabilities, costs, expenses, damages and losses suffered or incurred by us relating to any breach of clause 8b.
  12. General
    1. We may revise these terms from time to time at our discretion. Whenever we revise these terms, we will keep you informed and give you notice of the changes to your registered email address. We will also amend the date displayed at the top of this page.
    2. You may contact us at any time by email to [email protected]. You may also contact us in writing at: Trask Tech Ltd, Castlemead, Lower Castle Street, Bristol, BS1 3AG.
    3. We may contact you via post, email or telephone, or by posting notices on the platform.
    4. Any rights not expressly granted in these terms are reserved.
    5. If any of these terms and conditions are found to be invalid by any Court having competent jurisdiction, the invalidity of that provision will not effect the validity of the remaining provisions of these terms and conditions which shall continue to have full force and effect.
    6. These Terms and Conditions of use shall be construed and interpreted in accordance with English law. The courts of England shall have exclusive jurisdiction in relation to any claim, dispute or other matters arising therefrom.