User Terms and Conditions
Below is our User Terms and Conditions. If you are a User please make sure to read these carefully before accepting. Thank you!
Bufflunch User Terms & Conditions
Effective date: 17th February 2020
User Terms & Conditions
The following are the terms and conditions for user, merchant terms and conditions are covered separately.
When we state “Bufflunch”, “Us”, “Our” or “We”, we mean Bufflunch Ltd. Bufflunch provides platforms for individuals (collectively “Users”) where they can redeem deals and vouchers and other offerings.
These terms and conditions apply to both website www.bufflunch.com and Bufflunch applications (User) 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.
The term “Merchant” refers to “restaurants, food outlets, sellers” where they can offer deals and vouchers and other offerings.
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 including our Privacy and Cookies Policy.
Please read the following terms and condition which explains the terms and conditions of use for merchant.
- In order to become a User of the Bufflunch Platforms, it is essential that you meet the following requirements:
- You must be at least 18 years of age.
- You must truthfully complete the mandatory fields of the registration form requesting personal details such as the user name, e-mail address and telephone number.
- You must agree to the Privacy and Cookies Policy.
- We reserve the right to decline a new registration or cancel your account at any time. We are not obliged to give our reasons for doing so, but these may arise if User provides any false, inaccurate or incomplete information or if Bufflunch considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information.
- When registering on the Bufflunch Platforms, Users must choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable.
- Users undertake not to disclose the details of their account or allow access to third parties. Users shall be solely responsible for any use of such details that may be made by third parties, including for statements made on the Bufflunch Platforms or any other action carried out under their username and/or password.
- Bufflunch cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by unregistered third parties of a registered User’s identity. Users must immediately inform Bufflunch, using the Contact Form, if their username or password is stolen, disclosed or lost.
- Each individual user is allowed to register only one account on the Bufflunch Platforms. You warrant that you will not create fraudulent accounts.
- We cannot guarantee the continuous, uninterrupted or error-free operability of the Bufflunch platforms. There may be times when certain features, parts or content of the Bufflunch platforms, or the entire Bufflunch Platforms, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, at our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Bufflunch Platforms, or any features, parts or content of the Bufflunch Platforms.
- We may change the format and content of the Bufflunch Platforms from time to time. We reserve the right to modify, change, substitute or withdraw any Offers or other information on our Bufflunch Platforms.
- Bufflunch may send you administrative and promotional emails. We may also send you information regarding your Account activity and purchases, as well as updates about our Site and Services or other promotional offers. We may also send you information regarding offerings you have redeems or purchases you have made. (You can opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.)
- Where you have consented, Bufflunch may send you promotional push notifications on your mobile device(s) for general and location-based deals/vouchers. You can opt-out of our promotional push notifications at any time by changing the preferences on your mobile device.
2. Purchasing of Deals & Vouchers
- Deal means an instrument, in electronic form, which entitles the holder of such Deal (the “Deal Holder/User”) 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/User”) to either receive the Merchant Offering from the Merchant until the maximum quantity of available vouchers are reached (the “Voucher Threshold”).
- Buffcoin is the loyalty reward program with no monitory value where the User can exchange their earned Buffcoins through the Bufflunch Platforms for available Merchandise. The platform used to exchange Buffcoins is known as Buffstore.
- 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 supplies the Voucher/Deals via its Bufflunch Platforms.
- Bufflunch is authorized to promote Vouchers/Deals as a disclosed agent on Merchant’s behalf. 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. In most cases this means there are likely to be additional terms and conditions which apply to your contract with the Merchant (because each Merchant has different terms relevant to the Offer. These additional terms, if any, shall be made known to you at the time of Purchase, and/or you may Contact Us for details. We will also provide a link to the terms in the ticket confirmation email and/or as part of the redemption instructions we send you. You shall ensure that anyone using a Voucher with a Merchant complies with those terms.
- Where we act as agent this means that we have no contractual liability to you in respect of the particular offering from the Merchant.
- If you have a complaint about the quality of the Offers your complaint lies with the Merchant, not Bufflunch Ltd. We will use our reasonable endeavours to assist you with providing feedback to the Merchant if you so request.
- 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.
- User shall redeem the Deals for the Merchant Offering during the Redemption Window. If you fail to arrive at the Merchant within the time specified, you will forfeit your Deal and will not be provided any refund.
- User shall redeem the Vouchers for the Merchant Offering prior to the Voucher Threshold being reached. If you fail to arrive at the Merchant within the prior to the Voucher Threshold being reached, you will forfeit your Voucher and will not be provided any refund.
- The Merchant may refuse or revoke admission should you or your guests breach any terms and conditions of the Offer or Merchant, or otherwise upon reasonable grounds. It is at the Merchant’s discretion to admit latecomers, but admission cannot be guaranteed.
- It is your responsibility to check your Vouchers/Deals. If you have made a mistake it cannot always be rectified after activation.
- It is your responsibility to ascertain whether an Offer has been cancelled or re-scheduled and the date and time of the re-scheduled Offer. We will use reasonable endeavours to notify you of a cancelled or re-scheduled Offer but we do not guarantee you will be informed of such cancellation before the time for the Offer.
- Where a Merchant Offer includes a concession claim, proof of identity and concession entitlement (for example student status) may be required.
- All the prices stated on the Bufflunch Platforms are inclusive of any taxes that may be applicable based on the territory from which the User operates and shall in any event be denominated in the currency in force in the territory from which the User operates.
- The User is aware, and accepts, that the descriptions and, where applicable, the prices or photographs of the products and/or services available on the Bufflunch Platforms, are provided based on the information and documents supplied by the Merchants, and that Bufflunch is therefore unable to provide any guarantees against any possible inaccuracies in such descriptions, prices and/or photographs.
- Furthermore, the User accepts that all the products appearing on the Bufflunch platforms are subject to availability and, in this regard, accepts the possibility that, while carrying out the order, the product and/or service is found not to be available at the Merchant. In addition, the price of the product is subject to slight variations due to modifications at the point of sale.
- Users who place an order that includes the purchase and/or delivery of alcoholic drinks through the Bufflunch Platforms must be of legal age. When making an order that includes alcoholic drinks, the User confirms that he/she is at least 18 years old.
- Counterfeiting, copying, sale, resale or trade of a Voucher/Deal/Buffcoins are prohibited. If you attempt to do this, we reserve the right to void the Voucher/Deal/Buffcoin and cancel your account.
- A Deal/Voucher/Buffcoins shall not be used for advertising, promotions, contests or sweepstakes without the Merchant’s and Bufflunch Ltd written consent.
- Payment for all orders must be made to the Merchant upon receive of the Merchant Offering. The payment terms are subject to the Merchant’s Terms and Conditions and not Bufflunch Ltd.
3. Prices of the Service and Billings
- Registration and use of the Bufflunch Platforms are free to the users for the initial trial period of 6 months upon which a monthly or annual fee would apply based on the pricing at the time of purchase of the app.
- Bufflunch reserves the right to change its pricing and duration term at any time. Such changes are effective immediately after publication.
- Any price changes concerning the app will be communicated via email notifications to the Users.
- To continue to use the services provided by Bufflunch Platforms the user must pay the complete subscription fee based on the duration of the service that they require whether it be monthly or annually.
4. Data Protection
6. Your Obligations
- You may only use the Bufflunch Platforms for non-commercial use and only in accordance with these Terms. You may retrieve and display content from the Bufflunch on a computer or mobile device screen, print and copy individual pages and Vouchers/Deals and, store such pages and/or Vouchers/Deals in electronic form. Additional terms may also apply to certain features, parts or content of the Bufflunch and, where they apply, they will be displayed before you access the relevant features, parts or content.
- Except to the extent expressly set out in these Terms, you are not allowed to:
- store pages of the Bufflunch Platforms on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all or most of the pages of the Bufflunch Platforms; or
- remove or change any content of the Bufflunch Platforms or attempt to circumvent security or interfere with the proper working of the Bufflunch Platforms or the servers on which it is hosted.
- create more than one account on Bufflunch Platforms.
- use the Bufflunch Platforms to insult, defame, intimidate or harass other Users or attacking their image; – To refrain from accessing other Users’ e-mail accounts;
- introduce computer viruses, corrupted files or any other software that may cause damage or alterations to Bufflunch Platforms or third parties’ contents or systems;
- send mass and/or recurring e-mails to a number of people, or to send third parties’ e-mail addresses without their consent;
- to advertising goods or services without Bufflunch’s prior consent.
- Bufflunch may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any of the opinions that may be issued by Users of the Bufflunch Platforms, whose consequences shall be the sole responsibility of their issuers.
- You must only use the Bufflunch Platforms and anything available from the Bufflunch Platforms for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
- All rights granted to you under these Terms will terminate immediately in the event that you have not followed your responsibilities as required by them (legally known as a “breach”).
7. 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”).
- User 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 User shall be cancelled and shall not have any monetary value.
8. 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 Platform 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.
- User 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”). User 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 User a limited, non-exclusive, revocable, non-transferable, non-sublicensable license during the Term to use one copy of Bufflunch’s mobile user software application on a single mobile computer, tablet computer, or other device, solely for the purposes permitted by that software. User 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.
- As a User you are solely responsible for your Content (including content you share with other sites, such as social networking sites) and we do not endorse your Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with your Content.
- 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.
- We do not accept or consider, directly or through any Bufflunch or Bufflunch employee or agent, unsolicited ideas of any kind, including ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
- Bufflunch has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and
- Bufflunch will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
9. Links to and from other sites
- Where the Site contains links to third party sites and to resources provided by third parties (together “Other Sites”), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over, do not accept, and we assume no responsibility for Other Sites or for the content or products of Other Sites (including relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party Sites linked to the Site, you do so entirely at your own risk.
10. 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 User’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 10 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, Users accept that any claims they wish to bring for legal liability arising from actions or omissions of other Users/Merchants of the Bufflunch Platforms or third parties shall be restricted to such Users/Merchants or third parties, and that no actions for liability may be taken against Bufflunch.
- Where photos or pictures are displayed, they are intended to be purely representative of the Merchant or Offer. Your actual experience may vary.
11. 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.
12. Request for deregistering
- Users 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 firstname.lastname@example.org.
- 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 User’s email provided at the time of registration. Failure to accept updated new Terms may lead to termination of service.
- You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign all or any of our rights and or delegate or sub-contract our obligations under this Agreement to any person.
- We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.