Instantt Terms and Conditions of Use
“User” or “App User” or “Instantt App User” means You – an individual who has signed up to use the Instantt App or Platform as per the Terms and Conditions detailed below.
“Contract” or “Transaction” or “Order” means the Contract for the sale and purchase of any Products or Goods between the user and the Merchant formed in accordance with clause 11.
“The App” or “the Instantt App” means the Instantt Smartphone Application.
“Website” or “Webportal” means www.instantt.co .
“The Instantt Platform” or “The Platform” collectively represents the Instantt App and Instantt Website/Webportal.
“Merchant” means a business that offers its Products or Goods for sale through the Instantt Platform.
“Venue” Premises belonging to the Merchant from where a user collects Products or Goods purchased through the Instantt Platform.
“Products” or “Goods” or “Item” any items advertised for sale by a Merchant through the Instantt Platform.
“Order” an offer to purchase Products or Goods from a Merchant/Venue through the App.
“Xceleratics” or “The Company” or “Instantt” or “We” or “Us” mean Xceleratics Limited or a legal employee or a representative of Xceleratics.
Instantt™ is a registered trademark of Xceleratics© Limited, Copyright 2015-2018. All rights reserved.
The Instantt App is published by or on behalf of Xceleratics Limited (“Xceleratics”, “The Company”, “Instantt”, “We” or “Us”), a company registered in England and Wales (Company No. 09257796) of 27 Old Gloucester Street, LONDON, WC1N 3AX.
You should print these terms or save them to your computer or handheld device for future reference. We amend these terms from time to time as set out in section 8. Every time you wish to place an Order, please check these Terms to ensure you understand the terms that will apply at the time.
Your use of Instantt App
- You can only use Instantt when you have registered to do so.
- You agree:
2.2.1 That all information and details provided by you to us (at the time of registration and during the use of the Instant App or Platform) are or remain true, accurate and up-to-date in all respects and at all times. You can update or correct your details at any time through the Instantt App Account & Settings screen;
2.2.2 Your use of Instantt grants you no rights in relation to our Intellectual Property (IP) rights (including, without limitation, transaction data, copyright, trademarks, logos, graphics, photographs, animations, videos, marketing material and text or rights in and to Instantt software, applications and website) or the Intellectual Property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Instantt services in accordance with these Terms;
2.2.3 The App is made available for your own personal use only. You must not use any part of the materials on the App, the Website or the Platform for commercial purposes or for any illegal or unauthorised purpose. When you use the App, you must comply with all applicable UK laws and with any applicable international laws, including the local laws in your country of residence (“Applicable Laws”).
2.2.4 You will not modify, adapt, translate or reverse engineer any part of the App, the Website or the Platform or re-format or frame any portion of the pages comprising the App, the Website or the Platform save to the extent expressly permitted by these Terms or by law.
2.2.6 You will not use Instantt: in any way that interrupts, damages, impairs or renders Instantt less efficient; to transfer files that contain viruses, or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or your own products or services;
2.2.7 To refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
2.2.8 You acknowledge that we have limited control over the nature and content of information transmitted or received by you or other users of Instantt. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user please contact us through the App or the Website help sections.
2.2.9 You acknowledge that you shall not attempt to abuse our platform by creating multiple, fraudulent or fictitious accounts. Any attempt to defraud us, by creating multiple accounts or by other means, shall be deemed a violation of our Terms & Conditions hence the legal contract between you and us. If we detect any such suspicious activity on your account then we reserve the right to take appropriate action against you, including cancelling or blocking your account and commencing legal proceedings, to recover any financial or reputational loss we may suffer as a result of such activity. Please also be aware that blatant abuse of electronic systems, by creating multiple accounts, for financial benefit or to defraud someone, is classed as a criminal offence under the UK Communications Act. All transaction data is held for up to six years to meet regulatory requirements. Moreover, if we need to investigate a suspicious activity then we reserve the right to report the transaction to legal or regulatory authorities and may share transactional data with credit reference agencies, banks and credit card issuers. This may affect your credit rating hence your ability to borrow money from regulated and reputed institutions.
2.2.10 To indemnify us in full and on demand against any claims, loss, damage, costs or expense we suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.
- Placing an Order
3.1. Placing an Order constitutes an offer by you to the Merchant to enter into a binding Contract with the Merchant for the purchase of Products or Goods comprised in the Order on the basis of these terms, which the Merchant is free to accept or reject at their absolute discretion.
3.2. By ordering one or more alcoholic drinks, you are confirming to the Merchant that you are:
3.2.1. Over 18 years of age and can provide legal proof of this fact, if required;
3.2.2. Not intoxicated;
3.2.3. Not violating any Applicable Laws;
3.2.4. Capable in legal terms of entering into binding contracts;
3.2.5. Buying the drinks only for yourself and/or others over the age of 18;
3.2.6. If the above conditions, along with others, are not fulfilled the Merchant reserves the right not to fulfil the Order.
3.3. On the Merchant receiving a push notification to confirm the preparation of the Order, the Contract is formed between you and the Merchant.
3.4. We are not responsible for the fulfilment of Orders through the Instantt App. The Contract is between you and the Merchant. Any disputes in relation to the aforementioned Contract are to be resolved between you and the Merchant with no recourse to Instantt.
- About us
We operate the Instantt Platform, which consist of the Instantt App and the Website www.instantt.co . Our business address is Xceleratics Limited, 27 Old Gloucester Street, LONDON, WC1N 3AX (UK).
Any materials, information or commentary provided in the App or the Website should at no time be relied upon and does not constitute advice. Instantt disclaims all liability as a result of any actions taken, or reliance placed, as a result of the aforementioned information or commentary.
- Our Liability
6.1. The material displayed on the App, the Website or the Platform is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and any third parties connected to us hereby expressly exclude:
6.1.1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
6.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the App, the Website or the Platform or in connection with the use, inability to use, or results of the use of the App, the Website or the Platform, any websites linked to it and any materials posted on it.
6.3. We are not liable to you in respect of the quality of the goods supplied to you by a Merchant, the quality of a Merchant’s services or the fulfilment or failure to fulfil any Order by a Merchant.
6.4 Nothing in this clause 6 or these Terms seeks to (i) affect your rights as a consumer or (ii) limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under law.
If you have any issues or concerns with respect to any of the Merchants or Venues listed on the App or your Order placed through the App, please contact us at apphelp@Instantt.co .
- Accessing the App, the Website or the Platform
8.1 Access to the App, the Website or the Platform is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the App, the Website or the Platform without notice. We will not be liable if for any reason the App, the Website or the Platform is unavailable at any time or for any period.
8.2. From time to time, we may restrict access to some parts of the App, the Website or the Platform, or the entirety of the App, the Website or the Platform, to users who have registered with us.
8.4. When using the App, the Website or the Platform, you must comply with the provisions of our acceptable use policy.
8.5. You are responsible for making all arrangements necessary for you to have access to the App, the Website or the Platform either through a Private or Public internet connection. You are also responsible for ensuring that all persons who access the App, the Website or the Platform through your internet connection (whether Private or Public) are aware of these terms, and that they comply with them.
8.6 You are responsible for accessing the App, the Website or the Platform through Private or Public internet connections. You must take all reasonable care to ensure these connections are secure and protect your identity and data. Instantt will not be held liable for any loss of data, personal information and financial or reputational loss resulting from the use of any Private or Public internet connections that you decide to use to access the App, the Website or the Platform. This includes and is not limited to any internet connections provided by the Merchant or the Venue.
- The App and the Website Change Regularly
We aim to update the App, the Website or the Platform regularly, and may change the content at any time. If the need arises, we may suspend access to the App, the Website or the Platform, or close it indefinitely. Any of the material on the App, the Website or the Platform may be out of date at any given time, and we are under no obligation to update such material.
11.1 We may terminate these Terms and close any account you have with us by giving you 7 days’ notice in writing by email to your registered email address. We may also terminate these Terms and close your account without notice if you breach any of your obligations under these Terms, if bankruptcy proceedings are brought against you or if you do not pay a court judgment on time.
11.2 We reserve the right to suspend, restrict or terminate your access to the App at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
11.3 You are under no obligation to use the service and may choose to stop using it at any time.
- Please Drink Responsibly and know your allergens
12.1 You agree that you will only use the App, the Website or the Platform to drink responsibly and that you are solely responsible for monitoring your drinking.
12.2 If you feel that you have a problem with alcohol and want to seek help, please talk to your doctor or visit the Drink Aware Trust’s website.
12.3 Instantt accepts no responsibility for any adverse reaction or injury suffered by you when consuming Products or Goods sold to You by a Merchant. You should ensure that any Products or Goods purchased by you do not contain any substances to which you are allergic before you consume them
- Jurisdictions and Applicable Law
13.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, these Terms, any Order, and the use of the App, the Website or the Platform. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
13.2 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.
14.1. We may revise these Terms from time to time. The revised Terms will apply to the use of the App and the Website from the date of publication of the revised Terms on the website.
14.2. It is your responsibility to review this page and the Terms for any changes we make from time to time.
14.3. Any provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the App, the Website or the Platform and you shall be deemed to have notice of any such additional or superseded terms.
15.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
15.2 No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
15.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999 save for the Venues.
- Your Concerns
If you have any concerns about material which appears on the App then please contact firstname.lastname@example.org .
Instantt™ is a registered trademark of Xceleratics© Limited, Copyright 2015-2018. All rights reserved.
Last updated: 22 May 2018