Qbab Customer Terms of Use

Introduction

These Terms of Use set out the terms on which we (Software Hothouse Ltd t/a Qbab, a company registered in England and Wales with number 04714088 and its registered office at Ivor Cottage, South Chailey, East Sussex, BN8 4AP, “we”, “us”, “our”, “Qbab”) agree that you may download, store and use Qbab’s mobile application for Customers ( “Qbab App”), which will enable you to use and benefit from our services (“Qbab Services”), including:

  • Finding nearby food vans, and other food and drink vendors listed in the Qbab Vendor Directory

  • Ordering food and drink from vendors who have signed up with a Qbab Vendor Account (“Vendors”), either for collection or delivery

  • Paying for your orders

  • Receiving notifications about the progress of your orders

We have designed and built the Qbab App with your privacy in mind. As a result you do not have to register or set up an account in order to use the Qbab Services. But we do need to collect some personal information for you to be able to order and pay for your food. You can find out what information we collect and what we do with the information in our Privacy Statement.

By downloading the Qbab App you confirm that you agree to these Terms of Use. If you do not agree to any of these Terms of Use you are not entitled to download, store or use the Qbab App.

We may from time to time need to change these Terms of Use, whether to comply with changes in law, make changes to the Qbab App and/or the Qbab Services, or otherwise. If we make a change to thse Terms of Use we will let you know about the change when you next access the Qbab App. If you do not agree to the changes, then you are no longer entitled to use the Qbab App.

 

Qbab Vendor Directory

Qbab maintains a directory of food vans and other food and drink vendors, (the “Qbab Vendor Directory”). The listings in the Qbab Vendor Directory are either compiled by Qbab from publicly available information, or they are managed by the Vendors themselves. In either case Qbab will use reasonable efforts to ensure that the information in the listings is accurate and up to date (including business hours, menus, prices, allergen and dietary information, and, for vans and mobile Vendors, locations), but you accept that Qbab provides this information on a reasonable efforts basis and is not responsible if any information is out of date, or if there are any omissions or errors in a Vendor’s listing.

 

Ordering Food

When you place an order using the Qbab App you are offering to purchase food, drink and any other consumables from the Vendor, not from Qbab. Having placed an order you will normally receive a notification confirming that the order has been accepted, although the Vendor is entitled to reject or cancel your order, typically because they are too busy or they have run out of ingredients. If the Vendor accepts your order, then a binding contract is created directly between you and the Vendor (not Qbab) for the supply by the Vendor of the relevant food, drink and other consumables. Qbab is not a party to that contract, but acts as agent on behalf of the Vendor.
What Qbab does is to provide the technology for both the Qbab App and the Vendor’s mobile app, enabling orders to be placed by you and fulfilled by the Vendor. We are not involved with, or responsible for, the preparation or delivery of the food. If you have a complaint about your food order itself, then please direct this to the Vendor not us.

 

Paying for your Order

You can only pay for your Qbab App order using Apple Pay (for iOS devices) or Google Pay (for Android devices) or, if neither of those services is configured on your phone, by entry of your debit or credit card details. If your device notification or debit/credit card statement shows that payment has been made to Qbab, then this is because Qbab is acting as agent on behalf of the Vendor. Payment to Qbab fulfils your obligation to pay the Vendor.
Payment will only be taken when the Vendor starts to prepare your food. If the Vendor has to cancel your order for any reason after this point, your payment will be refunded.

 

Collection of Delivery of your Order

If you have chosen to collect your order from the Vendor, you will receive a notification when your food is ready to be collected. Unless you have agreed a later collection time with the Vendor, if you do not collect your order within 30 minutes of you receiving the notification (or, if earlier, before the Vendor’s closing time), the Vendor is entitled to dispose of your food and you will not be entitled to a refund of any of your payment.
If you have chosen to have your order delivered by the Vendor, you will receive a notification when the food is on its way. When placing your order for delivery you have to confirm the delivery location and your phone number. This location defaults to the location of your phone at the time you specify the delivery details but can be manually set to a different point on the map provided. You must also provide the specific address and a name for delivery (as the accuracy of the co-ordinates thus provided may be insufficient to distinguish between, for example, two sides of a semi-detached house or the different floors in a block of flats).
If you fail to provide the correct delivery location, adequate name and address information and/or phone number, or if the Vendor is unable to speak to you using the phone number you have provided, and as a result the Vendor is unable to deliver your order on their first attempt, then the Vendor is entitled to dispose of your food and you will not be entitled to a refund of any of your payment.

 

Changes to or Cancellation of your Order

You may cancel an order you have made via the Qbab App at any time before you receive a notification that the Vendor has started preparing your food. Once the Vendor has started preparing your food you are unable to change or cancel the order for any reason.
The Vendor may cancel an order at any time and for any reason, provided that if they cancel an order after payment has been made then you will receive a full refund of the payment.

 

Allergens or Dietary Requirements

If you have any allergens or dietary requirements then it is your responsibility to notify the Vendor of these in writing (using the text boxes) at the time you place your order via the Qbab App. This applies even if the Vendor has provided allergen or dietary information in their Qbab Vendor Directory listing.

 

Age Restricted Products

If your order includes alcoholic beverages, tobacco or vaping products, or other age-restricted items, you must be at least 18 and you will be required by the Vendor to provide ID confirming your age before you can collect or take delivery of these items. If you fail to provide ID confirming your age promptly when requested or if the Vendor has reason to believe that you are purchasing age-restricted items on behalf of someone who is underage, the Vendor is entitled to withhold collection or delivery of the items, and any refund of your payment will be entirely at the Vendor’s discretion.

 

Technical and other limitations on your use of the Qbab App and the Qbab Services

Your use of the Qbab App and the Qbab Services are subject to the following restrictions, limitations and conditions:

  1. We operate anti-virus and malicious software prevention measures for the Qbab App and Qbab Services, but we cannot guarantee that our services will always be virus-free. You should ensure that the phone or other device you use to access Qbab Services is protected against viruses and malicious software.

  2. Although we will try to make sure the Qbab App and Qbab Services are available at all times, sometimes you will not be able to access and use the Qbab App or the Qbab Services due to events outside our control. We are not responsible to you if this happens, but if it does then we will take all steps that we reasonably can to minimise the interruption to the Qbab Services.

  3. From time to time, we may make available new versions of or updates to the Qbab App. You are advised to always download and use the latest version of the Qbab App. You acknowledge and agree that you may not be able to use the Qbab Services until you have downloaded or upgraded to the latest version of the Qbab App.

  4. If the Qbab App or any of the Qbab Service contain links to other, third-party websites , then you acknowledge that such third-party Sites are not under our control, and we are not responsible for, and do not endorse the content of, such sites. You will need to make your own independent judgement about your use of any third-party Sites, including the terms of any privacy policy applicable to them.

 

Licence

You are licenced to download and store the Qbab App on your mobile phone or other device and to use the Qbab Services on the following terms:

  1. We or our licensors own the copyright and other intellectual property rights in the Qbab App and the Qbab Services (but excluding any information that you upload via the Qbab App).

  2. We grant you a personal, non-transferable licence to download the Qbab App, store the Qbab App on your device and use the Qbab Services for your personal use only (“Licence”).

  3. You are not permitted to do any of the following:

    • transfer, sub-license, rent, lease, loan, share or sell your right to access the Qbab App to any third party, or use the Qbab App for the benefit of any third party

    • use the Qbab App in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity

    • send spam or other unwelcomed communications to others

    • upload any content that contains software viruses, worms, or any other harmful code, or for which you do not have the necessary rights to use

    • reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Qbab App or any related technology

    • “scrape,” “crawl” or “spider” the Qbab App, whether by manual means or using automated software, devices, scripts robots

    • interfere with the operation of, or place an unreasonable load on, the Qbab App, or otherwise use the Qbab App in any way that causes, or may cause, damage to it.

  4. We may assign or transfer the Licence to a third party without your consent.

  5. We may suspend your access to the Qbab App and the Qbab Services, and revoke the Licence, without notice to you if we suspect that they are being used in breach of these Terms of Use.


Use of the Qbab App, the Qbab Services and associated services is also subject to the following end user licence agreements (EULAs):

  1. In the case of iOS devices, the terms of Apple’s Licensed Application End User License Agreement.

  2. In the case of Android devices, the Google Play Terms of Service.


In case of a conflict between these Terms of Use and the EULAs, these Terms of Use apply.

 

Our Liability to You

Because these Terms of Use are a binding legal agreement, we must compensate you for loss you suffer if the Qbab App or the Qbab Services do not comply with these Terms of Use. However, we do not compensate you for all losses.

We will:

  • compensate you for personal injury or death caused by our negligence or that of our employees

  • if the Qbab App is found to infringe the intellectual property rights of a third party and as a result you suffer loss or damage, compensate you for such loss or damage; and

  • if the Qbab Services are defective and damage a device or other digital content belonging to you, and we have not used our reasonable skill and care, compensate you for the actual and reasonable cost of repair or replacement of the device or content.


To the maximum extent that we are legally allowed to exclude or limit our liability, we will not compensate you for any other loss or damage.

 

Questions regarding the Qbab App, the Qbab Services or these Terms of Use

If you have a question or complaint regarding the Qbab App, the Qbab Services or these Terms of Use then you should contact us by email at info@qbab.app.

 

Disputes

If you have a dispute directly with us, then you can contact us at info@qbab.app.
These Terms of Use governed by English law.