Merchant Terms & Conditions
Below is our Merchant Terms and Conditions. If you are a merchant please make sure to read these carefully before accepting. Thank you!
Bufflunch Merchant Terms & Conditions
Effective date: 17th February 2020
Merchant Terms & Conditions
The following are the terms and conditions for merchants, user terms and conditions are covered separately.
When we state “Bufflunch”, “Us”, “Our” or “We”, we mean Bufflunch Ltd. Bufflunch provides platforms for restaurants and food outlets and sellers (collectively “Merchants”) where they can offer deals and vouchers and other offerings.
These terms and conditions apply to both website www.bufflunch.com and Bufflunch applications (Merchant) and for the purposes of this document shall be referred to as Bufflunch Platforms.
The terms “User”, refers to the “Purchaser” of the Voucher/Deal or services being offered by the Merchant through Bufflunch Platforms.
Bufflunch Ltd is a company registered in England and Wales with our Registered office at Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA. Our Company number is 12221785.
By accepting these terms and conditions you are agreeing to its terms and will be subjects to its obligations and liabilities.
Please read the following terms and condition which explains the terms and conditions of use for merchant.
- Deal means an instrument, in electronic form, which entitles the holder of such Deal (the “Deal Holder”) to either receive the Merchant Offering from the Merchant during the period of time stated on the Deal (the “Redemption Period”).
- Voucher means an instrument, in electronic form, which entitles the holder of such Voucher (the “Voucher Holder”) to either receive the Merchant Offering from the Merchant until the maximum quantity of available vouchers are reached (the “Voucher Threshold”).
- The Merchant is a third party unrelated to Bufflunch that sells, supplies and/or provides the Merchant Offering. Bufflunch does not sell, supply and/or provide the Merchant Offering. It only sells and supplies the Voucher/Deals.
- Bufflunch is authorized to promote Vouchers/Deals as a disclosed agent on Merchant’s behalf subject to the terms of this Agreement. The Voucher/Deal will evidence the Merchant Offering and will be sent to the User electronically once payment is received. The User will then redeem the Voucher/Deal with the Merchant by presenting the Voucher in electronic form.
- Bufflunch is authorized to promote and sell Vouchers/Deal on Merchant’s behalf through any platform, including its mobile-app, website, social-media accounts, emails or business partner network. The Vouchers/Deals may be offered to all or part of Bufflunch subscriber base and segmented by various variables including gender, age, location, and consumer preferences. The features may be offered through a variety of distribution channels, including, the Internet, the Website, affiliate websites, business partner network, email, mobile applications, other types of electronic offerings and other platforms or distribution channels owned, controlled, or operated by Bufflunch, its affiliates or business partners.
- Bufflunch is authorized to promote and sell up to the Maximum Number of Vouchers in multiple markets. Merchant shall specify the Maximum Number of Vouchers.
- Bufflunch reserves the continuing right to reject, revise, or discontinue any Merchant Offering, at any time and for any reason in Bufflunch’s sole discretion, and to terminate the Merchant Offering and to remove all references to the Merchant Offering/Voucher and Deal from the Website; and redirect or delete any URL used in connection with the Merchant Offering.
- Merchant shall honour the Deals for the Merchant Offering during the Redemption Window.
- Merchant shall honour the Vouchers for the Merchant Offering until Voucher Threshold is reached.
- During the Redemption Window, Merchant must always allow the User to redeem the Voucher/Deal for the Payment toward the Merchant Offering. If the goods and/or services constituting the Merchant Offering and stated on the Voucher/Deal are no longer available, the Merchant must always allow the User to redeem the Voucher toward any goods and/or services then offered by the Merchant with a reduction in the price equivalent to at least the Promotional Value.
- Merchant agrees that in providing the Merchant Offering, Merchant will not inflate prices or impose any additional fees, charges, conditions or restrictions that contradict or are inconsistent with the terms stated on the Voucher/Deal. Merchant further agrees not to impose different terms or a different cancellation policy than what is imposed on its non-Bufflunch customers.
- Partial redemptions: If applicable, and if a Purchaser redeems a Voucher in exchange for products and/or services worth less than the Payment, the Merchant is responsible for handling any unredeemed value as required by applicable law. To the extent not fully resolved by the Merchant, Bufflunch reserves the right to act as a mediator between the Merchant and the User.
- Merchant agrees that so long as a User attempts to redeem the Deal during the Redemption Window (and, to the extent required in the terms stated on the Deal, an appointment or reservation is made to redeem a Deal), the Deal will be honoured for the Full Offer Value without restriction.
- Merchant agrees that so long as a User attempts to redeem the Voucher during the Voucher Threshold Window (and, to the extent required in the terms stated on the Voucher, an appointment or reservation is made to redeem a Voucher), the Voucher will be honoured for the Full Offer Value without restriction.
- Merchant is responsible for all User service in connection with the Merchant Offering and for supplying all goods and services stated in the Merchant Offering.
- If the Merchant sells offers Vouchers/Deals in respect of any time during which there is no Merchant offering then the Merchant shall pay to Bufflunch by way of compensation for administrative inconvenience & potential damage to its reputation £10.00 for each such Voucher/Deal that has been activated.
2. Data Protection
4. Suspension &Termination
- This Agreement commences on the Effective Date and will continue in effect until terminated by either party in accordance with this Section (“Term”).
- Merchant is authorized to terminate this Agreement upon thirty (30) business days prior written notice to Bufflunch, which notice shall expire on the last day of a calendar month.
- If you use (or anyone other than you, with your permission uses) the Services or Site in contravention of this Agreement, we may suspend your use of the Services and/or Site (in whole or in part).
- If we suspend the Services or Site, we may refuse to restore the Services or Site until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of this Agreement.
- Bufflunch Ltd shall fully co-operate with any law enforcement authorities or court order requesting or directing Bufflunch Ltd to disclose the identity or locate anyone in breach of this Agreement.
- Without limitation to anything else in this section 4, we shall be entitled immediately or at any time (in whole or in part) to:
- suspend the Services and/or Site;
- suspend your use of the Services and/or Site;
- suspend the use of the Services and/or Site for persons we believe to be connected (in whatever manner) to you; and/or
- terminate this Agreement immediately if:
- you commit any breach of this Agreement;
- we suspect, on reasonable grounds, that you have, might or will commit a breach of this Agreement; or
- we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
- Notwithstanding anything else in this section 4, we may terminate this Agreement at any time.
- Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
- On termination of this Agreement all or any Bufflunch credits which may have been earned by the Merchant shall be cancelled and shall not have any monetary value.
5. Intellectual Property
- Bufflunch is the owner or licensee of all intellectual and industrial property rights included on the Bufflunch Platforms as well as of the contents that can be accessed through it. The intellectual property rights of the Bufflunch Platforms, as well as the text, images, graphic design, browsing structure, information and contents included therein are the property of Bufflunch, who has the exclusive right to exercise the exploitation rights therein in any manner, in particular the rights of reproduction, distribution, publication and transformation, in accordance with the UK legislation on intellectual and industrial property rights. You shall not, and shall not attempt to, obtain any ownership or title to any such property. All rights are reserved.
- Authorising a User to access the Bufflunch Platforms does not imply the waiver, transfer, licensing or full or partial assignment by Bufflunch of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering with the contents of the Bufflunch Platforms are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicising, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the Bufflunch Platforms for public or commercial purposes are also prohibited, save with Bufflunch’s express written authorisation or, where applicable, that of the owner of the rights concerned.
- Merchant acknowledges and agrees that, as between the parties, Bufflunch owns all interest in and to the Website, User Data, Bufflunch trade name, logos, trademarks, service marks, domain names, social media identifiers, all data collected through or from the Bufflunch Platforms, all audio visual content, video recordings, audio recordings, photographs, graphics, artwork, text or any other content created by Bufflunch or at Bufflunch’s direction, or assigned to Bufflunch, and any materials, software, technology or tools used or provided by Bufflunch to promote, resell or distribute the goods and services and conduct its business in connection therewith (collectively “Bufflunch IP”). Merchant shall not use, sell, rent, lease, sublicense, distribute, broadcast, transmit, stream, place shift, transfer, copy, reproduce, download, time shift, display, perform, modify or timeshare the Bufflunch IP or any portion thereof, or use such Bufflunch IP as a component of or a base for products or services prepared for commercial use, sale, sublicense, lease, access or distribution, except that Bufflunch grants Merchant a limited, non-exclusive, revocable, non-transferable, non-sublicensable license during the Term to use one account of Bufflunch’s mobile merchant software application on a mobile computer, tablet computer, or other device, solely for the purposes permitted by that software. Merchant shall keep the Bufflunch IP confidential, and shall not prepare any derivative work based on the Bufflunch IP or translate, reverse engineer, decompile or disassemble the Bufflunch IP.
- Bufflunch owns trademarks, registered and unregistered, in many countries and “Bufflunch,” the Bufflunch logos and variations thereof found on the Site are trademarks owned by Bufflunch Ltd. or its related entities and all use of these marks inures to the benefit of Bufflunch. “Bufflunch” is a trademark registered in the following countries: United Kingdom.
6. Representations and Warranties
- Merchant represents and warrants that:
- The Voucher/Deal will be available for redemption during the redemption window and that the Merchant will have sufficient stock and staff during the redemption window to fulfil its redemption obligations;
- It will provide to User any products or services specified in the activated Vouchers/Deals at a standard that it typically provides for such products and/or services to non-Bufflunch customers;
- Its staff are aware of Bufflunch, the Voucher/Deal redemption-process and the Merchant redemption obligations – and are ready to receive Users during the relevant Redemption Window;
- They will have at least one unique active Voucher or Deal available on the Bufflunch Platforms that is not available to user outside of Bufflunch Platforms.
- the Merchant is providing genuine, bona fide products and/or services, as described herein and that the Full Offer Value represented on the Voucher/Deal and on Bufflunch Platforms is a genuine price for the products and/or services being sold and is fully compliant with all Consumer Protection From Unfair Trading regulations, and does not violate the rights of any third party; and
- the Merchant Offering is merchantable and suitable for the purposes for which it is expressly intended (if any).
- Merchant agrees that, to the extent that it has failed to comply with the User-Facing Representations and Warranties in Clause 6.a above, the Merchant will, in good faith, invite any User whose experience has been negatively affected by such failure by the Merchant, back to their establishment to enjoy complimentary products or services at no cost to such User.
- Merchant represents and warrants that:
- Merchant has the right, power and authority to enter into this Agreement;
- the terms and conditions of the Voucher/Deal, including any discounts or goods and services offered thereunder do not and will not violate any law, statute, rule, regulation, or order, including but not limited to, any law or regulation governing the use, sale, and distribution of alcohol and any laws governing vouchers, gift cards, coupons, and gift certificates;
- Merchant owns all interest in and to the Merchant IP and has licensing rights in (with the right to sublicense to Bufflunch) the Third Party IP, and has the right to grant the License stated in this Agreement;
- the Merchant IP and the Third Party IP, the Merchant Offering, Bufflunch’s use and promotion thereof, and the results of such Merchant Offerings, will not infringe, dilute, misappropriate, or otherwise violate, anywhere in the world, any patent, copyright, logo, trademark, service mark, trade name, rights in designs, or other intellectual property right or right of privacy or publicity of any third party or any applicable law, and does not and will not result from the misappropriation of any trade secret or the breach of any confidentiality obligations to any person or entity;
- the Merchant IP and Third Party IP does not include any material that is unlawful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, or that encourages conduct that constitutes a criminal offense, gives rise to civil liability or otherwise violates any law;
- the Vouchers/Deals and any advertising or promotion of Merchant’s goods and services relating thereto will not constitute false, deceptive or unfair advertising or disparagement under any applicable law;
- Merchant and its employees, contractors and agents have had the proper education and training and hold all required and up-to-date regulatory authorization, licenses and certifications relating to any Merchant Offering to provide the goods or services described in this Agreement;
- Merchant is not authorized to resell, broker or otherwise disclose any User Data (as defined in this Agreement) to any third party, in whole or in part, for any purpose, and Merchant is not authorized to copy or otherwise reproduce any User Data other than for the purpose of redeeming or verifying the validity of Vouchers/Deals in connection with this Agreement
- To the extent allowed under applicable law, Merchant agrees to defend, indemnify and hold Bufflunch, its affiliated and related entities, and any of its respective officers, directors, agents and employees, harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses (including but not limited to reasonable legal fees and costs) arising out of or relating to any of the following:
- any breach or alleged breach by Merchant of this Agreement, or the representations and warranties made in this Agreement;
- any claim arising out of a violation of any law or regulation by Merchant or governing Merchant’s goods and/or services;
- any claim arising out of Merchant’s violation of law or regulation governing the use, sale, and distribution of alcohol;
- any claim by the User or anyone else arising out of or relating to the goods and services provided by Merchant and/or pick up of the goods and services at the Redemption Site, including but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages;
- any claim by a User for the Amount Paid;
- any claim arising out of Merchant’s misuse of Customer Data, or any violation of an applicable data privacy or security law.
- The terms for the Merchant Offering described in this Agreement are confidential, and Merchant agrees not to disclose the terms described in this Agreement to any party (other than to its employees, parent companies, shareholders, lawyers and accountants on a strict need-to-know basis or as required by applicable public records and other law, if Merchant has taken the necessary precautions of the kind generally taken with confidential information to preserve the confidentiality of the information made available to such parties). In the event of a breach, Bufflunch is entitled to injunctive relief and a decree for specific performance, and any other relief allowed under applicable law (including monetary damages if appropriate).
9. Limitation of liability
- Please note that the Merchant, and not Bufflunch, is the seller, supplier and/or provider of the Merchant Offering; the party who enters into a contract with the User after the Reservation is booked; and solely responsible for providing the User with the Merchant Offering and for the Merchant Offering itself.
- Except for merchant’s indemnification obligations hereunder, in no event is either party liable or obligated to the other party or any third party for any lost profits, lost business, special, incidental, exemplary, consequential, punitive, or indirect damages regardless of the form of action, whether in contract, tort or otherwise, even if informed of the possibility of any such damages in advance.
- Bufflunch promises that:
- it will exercise reasonable care and skill in performing its obligations under these Terms; and
- it shall not contravene the requirements of fairness or professional diligence in what it does.
- Bufflunch is always liable for: (a) fraud or fraudulent misrepresentation made by itself; or (b) any implied contractual terms that cannot be excluded or limited under applicable law.
- Other than as set out in section 9 above, Bufflunch is not liable for any other losses or damages you may suffer, including any indirect or consequential losses.
- Bufflunch does not promise the completeness, fitness for purpose or legality of the Merchant Offering. Bufflunch is not liable for the quality, safety, usability or any other aspect of the Merchant Offering.
- Bufflunch is not liable for any breach of an obligation under these Terms where it is unable to carry out its obligations by any cause outside of its reasonable control.
- By becoming members of the Bufflunch Platforms, Merchants accept that any claims they wish to bring for legal liability arising from actions or omissions of other Users of the Bufflunch Platforms or third parties shall be restricted to such Users or third parties, and that no actions for liability may be taken against Bufflunch.
10. Dispute resolution
- We will do our best to resolve any disputes about these Terms. If you wish to bring a legal claim against us, you must do so within the United Kingdom (and English courts shall have the exclusive jurisdiction for your legal claim). If you live in England and Wales, the laws of England shall apply; if you live in Scotland, then Scottish law shall apply; if you live in Northern Ireland, then Northern Irish law shall apply. The previous sentence applies to all non-contractual relationships between you and us.
11. Request for deregistering & deleting your account
- Merchants may delete their account from Bufflunch Platforms by selecting the “Delete Your Account” option from the “Settings” menu and following the instructions.For further assistance with deleting or deregistering from the Bufflunch Platforms please contact us by sending an e-mail through to email@example.com.
- If you breach these Terms and Bufflunch takes no action against you this does not mean that Bufflunch has waived its rights and remedies with regard to your breach. Bufflunch may still take action or exercise its rights and remedies for that action, or any other situation, where you breach your obligations under these Terms.
- Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by electronic mail (other than if you are sending a notice to Bufflunch for the purpose of legal process) or by pre-paid post. Any notice Bufflunch sends to you will be to the address you supplied to Bufflunch when you registered for your Bufflunch account.
- If any provision of these Terms should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms are not affected. Such invalid or unenforceable provision shall be replaced by a valid and enforceable provision which most closely achieves the economic effect contemplated by the invalid or unenforceable provision.
- Bufflunch reserves the right to unilaterally amend these Terms at any time. All amendments to these Terms will be posted on-line. Updates to these terms shall be communicated electronically to the Merchant’s email provided at the time of registration. Failure to accept updated new Terms may lead to termination of service.