FABZY TERMS AND CONDITIONS

 

Last Updates 24 November 2020

 

1IMPORTANT LEGAL NOTICE

This page (together with our Cookies Policy) sets out the terms and conditions ("App Terms") on which we, Fabzy.app  ("we", "our" or "Fabzy"), provide access to our Fabzy mobile application and website www.fabzy.app through which you order products. Please read these App Terms carefully before ordering any products through, the App or Website. By ordering products through the App or Website (whether now or in the future), you agree to be bound by these App Terms.

 

We reserve the right to change these App Terms from time to time by changing them on this page. We advise you to print a copy of these App Terms for future reference. These App Terms are only in the English language.

 

Use of your personal information submitted via the Website is governed by our   and Cookies Policy.

 

For the avoidance of doubt, please note that references to "App" in these App Terms include any current or future version of our Fabzy mobile application, Website www.fabzy.app and any other App or Website through which you access and use our Services, in each case whether accessed through any current or future platform or device (including without limitation any mobile App, mobile application, affiliate Website or related App for accessing and using our services that may be developed from time to time).

 

By accessing any part of the App, you indicate that you accept these App Terms. If you do not accept these App Terms, you should leave the App immediately,  and you will not be able to order any products through the App.

 

 

2TERMS AND CONDITIONS OF USE AND SALE

2.1DEFINED TERMS

For ease of reference the following terms shall having the following meanings in these Booking Terms and Conditions:

 

  1. 1.“App” Is as defined in Section 1 above; 

  2. 2.“Customer", "you" and "your" means you, the buyer of any Services; 

  3. 3.“Dated Booking" means an appointment at a specific time/date with a particular Partner for the provision of Services whether made via the Website, App; 

  4. 4."eVoucher" means an eVoucher sold on the Website or via our App which can be redeemed for the purchase of Services from our Partners who accept the eVouchers; 

  5. 5.“Order/Booking” has the meaning given in section 2.4 below; 

  6. 6.“Order/Booking Confirmation” has the meaning given in section 2.4.9 below; 

  7. 7."Partner(s)" means our selected third party providers of goods and services who offer their goods and services for sale via our App or Website; 

  8. 8.“Partner Contract” has the meaning given in section 2.2.7 below; 

  9. 9. "Services" means any products, goods and/or services of a Partner offered for purchase or booking via the App or Website; 

  10. 10. “Fabzy Contract” has the meaning given in section 2.2.6 below; 

  11. 11. "Fabzy Gift Card" means any gift card issued by Fabzy and which may be redeemed on the Website or the App to discount the purchase price of Services, in accordance with clause 9. Fabzy Gift Cards are available for purchase in the following denominations: £10, £25, £50, £100, £125, £150, £200 and £250; 

  12. 12.It does not include bookings made using the “Pay at Venue” option which Fabzy has no involvement in. 

 

2.2APP ACCESS AND TERMS

2.2.1Company details: Fabzy is a UK company whose registered office is at Fabzy, Unit 2, Pilton Industrial Estate, 46 Pitlake, Croydon. CR0 3RA.

2.2.2You may access some areas of the App without making an Order or registering your details with us. Most areas of the App are open to everyone.

2.2.3By accessing any part of the App, you indicate that you accept these App Terms. If you do not accept these App Terms, you should leave the App immediately, and you will not be able to order any Products through the App.

2.2.4The App allow you to book and pay for a broad range of services from a variety of providers (our Partners). Those Services are provided by our various Partners and not by us. The provision of the Services booked via our App is the responsibility of the Partner which provides them. In the event you pay for Services via the App, your payment will be received by us acting as commercial agent on behalf of the Partner. If we receive payment as commercial agent on behalf of the relevant Partner, our receipt of the correct payment will discharge your debt to that Partner.

2.2.5The legal implications of this is that when you purchase Services,  it will create two binding legal contracts:

2.2.6A contract between you and Fabzy (under which Fabzy has certain responsibilities to you in relation to the purchase or booking) (the “Fabzy Contract”). That contract is made based on these Booking Terms and Conditions; and

2.2.7A contract between you and the relevant Partner in respect of the provision or supply of the Services which you book through the App or Website,  (the “Partner Contract”). That contract is subject to certain provisions of these Booking Terms and Conditions including the cancellation period selected by the Partner, which we will notify you of before you make a booking on the relevant Partner's page on the App.  

2.2.8All Services available for purchase on the App are offered by Fabzy on behalf of its Partners. That is, Fabzy takes and concludes your bookings as a commercial agent for its Partners. Therefore, we are not responsible or liable to you for the actual Services that are booked through the App (including those Services purchased using Fabzy Gift Cards).

2.2.9We amend these Booking Terms and Conditions from time to time. Every time you wish to make an Order on the App, please check these Booking Terms and Conditions to ensure you understand the terms which will apply at that time.

2.2.10You are responsible for making all arrangements necessary for you to have access to the App. You are also responsible for ensuring that all persons who access the App through your Internet connection are aware of these App Terms and that they comply with them.

2.2.11While we try to ensure the App is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the App is unavailable at any time or for any period.

2.2.12Access to the App may be suspended temporarily at any time and without notice.

2.2.13The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the App; any transmission is at your own risk.

 

 

2.3YOUR STATUS

 

2.3.1By placing an Order through the App, you warrant that:

2.3.1.1You are legally capable of entering into binding contracts with the Partner; and

2.3.1.2You are at least 18 years old.

 

 

2.4ORDERS/BOOKINGS AND THE CONTRACT

2.4.1There are two types of orders ("Order") you can make on the App : (a) Orders for Services and (b) Orders for Fabzy Gift Cards.

2.4.2In respect of Orders for Services, there are two ways you can place your Order:

2.4.2.1a Dated Booking; or

2.4.2.2the purchase of an eVoucher (see further detail in clause 12 and below).

2.4.3The Order process allows you to check and amend any errors before submitting your Order to us. It is important that you check all the information that you enter and correct any errors before submitting your order; once you do so you will be entering into a contract with the Partner.

2.4.4We are appointed as the commercial agent of the Partner to conclude Dated Bookings on its behalf and the Partner Contract will be formed when we send you a written confirmation (through the App or by email) (“Order/ Confirmation"). In respect of Orders for Fabzy Gift Cards and eVouchers, receipt of an electronic voucher (if earlier) will count as an Order Confirmation. Your Order Confirmation is your receipt from Fabzy. If you require a VAT receipt you need to contact the Partner directly. See clause 10.2 for more information.

2.4.5For Dated Bookings, if you wish to reschedule your appointment details (time/date) (in whole or in part) after you have received an Order Confirmation, provided your appointment is not due to take place within the next 1 hour (or otherwise as determined by the Partner and as shown on the booking page before you make your appointment), then please either do so via the App (if available), by following the link in your Order Confirmation, by contacting us at support@fabzy.app, or directly with the Partner, and we will endeavour to offer you a suitable alternative time and/or date. Please note that our ability and the Partner’s ability to accommodate your request will be subject to the Partner’s availability during the time you wish to reschedule. If we are unable to accommodate your request to reschedule your appointment, whether or not you are eligible for a refund will depend on whether or not your appointment is due to take place in the next 24, 48 or 72 hours (as determined by the relevant partner)

2.4.6If your appointment is not due to take place within the next 24, 48 or 72 hours (as determined by the relevant Partner), your appointment will be treated as cancelled by you and you will receive a refund; or

2.4.7If your appointment is due to take place within the next 24, 48 or 72 hours (as determined by the relevant Partner), your appointment will be treated as cancelled by you and you will not receive a refund.

2.4.8Please note you cannot reschedule your appointment details (time/date) (in whole or in part) where your appointment is due to take place within the next 1 hour.    

 

 

2.4.9On receipt of your Order, we will send it to the relevant Partner and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the App and any Order confirmation e-mail that you may receive each confirm that you have a contract for the sale of the Service with a Partner but does not necessarily mean that your Order will be fulfilled by the Partner. We encourage all our Partners to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Partner rejects your Order. However, Partners have the ability to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. In doing so, Partners will be in breach of their agreement with you and any payment made in respect of the order will be returned to you in accordance with paragraph 2.6.7 below.

2.4.11If you wish to cancel an Order before you have received an Order Confirmation, please notify us immediately by emailing support@fabzy.app. If you wish to cancel a Partner Contract (i.e. if you wish to cancel an Order after you have received an Order Confirmation), please refer to our cancellation policy in clause 2.5 below.

 

2.4.12Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Partner.

2.4.13Please note, as set out in our App Terms of Use, we reserve the right to withdraw access to our Website and/or App and/or cancel any Order in the event that you fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account.

2.4.14Our Partners are under a legal duty to provide Services that are in conformity with the relevant Partner Contract.

2.4.15All Services shown on the App are subject to availability and the images and/or descriptions of the Services on the App  are for illustrative purposes only and actual Services may vary from those images and/or descriptions. We require our Partners to ensure that all information provided by them for display on their page of the App  is accurate, complete and not misleading in any way but we cannot verify the information which they provide to us. It will be each Partner's responsibility to ensure that all of its Services listed on the App are available and accurately described.

2.4.16If you are a consumer, you have legal rights in relation to services that are not performed with reasonable care and skill or are otherwise not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Booking Terms and Conditions will affect these legal rights.

2.4.17It is your (or the person receiving the Services) sole responsibility to communicate in advance any medical or health-related conditions and/or special needs to the Partner that might affect or be affected by any Services (for example without limitation, allergy information and health issues). Subject to clause 11.3, if you (or the relevant recipient of the Services) fail to disclose any such information to the applicable Partner, neither Fabzy nor the relevant Partner shall be liable to you (or the recipient of the Services) for any injury, loss or damages resulting from the Services that could reasonably have been avoided if you (or the recipient of the Services) had disclosed that information prior to receiving the Services.

2.5CANCELLATIONS

2.5.1In addition to your other legal rights, you may in certain circumstances have the right to cancel a Partner Contract and/or Fabzy Contract (as applicable) and receive a refund or a credit note in accordance with the terms set out in this clause 2.6.

2.5.2If you change your mind about an Order for a Dated Booking an eVoucher or a Fabzy Gift Card and wish to cancel it, the following cancellation terms apply:

2.5.4You may cancel (in whole or in part) a Dated Booking up to 24, 48 or 72 hours (as determined by the relevant Partner) prior to your appointment taking place and we can offer you a full refund of the applicable amount via the original method of payment. However, if you cancel within the 24, 48 or 72 hours (as determined by the relevant Partner) prior to your appointment taking place, you will not be eligible for a refund.

2.5.6Cancellations of Dated Bookings must be made by one of the following methods:

2.5.7Using your Fabzy account via the App  (if available);

2.5.8Following the link in your Order Confirmation;

2.5.9Directly with the Partner.

 

 

2.5.10Please not that in a small number of circumstances it may not be possible to cancel a dates booking but we will draw this to your attention before you place your order so that you can decide whether or not you are prepared to proceed with entering into the contract on that basis.

2.5.11Please note that no refund will be given where cancellation is attempted 24, 48 or 72 hours (as determined by the relevant partner) or less from the time of the scheduled appointment.

2.6PRICE AND PAYMENT  

2.6.1There are two types of orders ("Order") you can make on the App : (a) Orders for Services and (b) Orders for Fabzy Gift Cards.

 

2.6.2VAT and delivery costs: Prices will be as quoted on the App. These prices include VAT but may exclude any administration or service charge imposed by the Partner. These will be added to the total amount due where applicable. Prices may be subject to change by Fabzy or Partners at any time

 

2.6.3Incorrect pricing: This App contains a large number of services and it is possible that some of the services may include incorrect prices. If the correct price for an Order is higher than the price stated on the App, we will normally contact you before the relevant appointment. In such an event, neither we nor the relevant Partner is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.

 

2.6.4Payment methods: Payment for Orders must be made by paypal, an accepted credit or debit card through the App or in cash to the Partner at the appointment by you.

 

2.6.5Card payments: If you pay by credit or debit card, you may be required to show the card to the Partner at the appointment time as proof of identification and so that they can check that the card corresponds with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.

2.6.6The Partner has full responsibility for accounting for VAT on the total value of the Order, where applicable. Fabzy does not charge you VAT on Orders as the Services are provided by the Partner, not by Fabzy. As a result, Fabzy cannot provide you with a VAT invoice in respect of your Order. You will need to contact the Partner direct to obtain a VAT invoice, where applicable.

2.6.7Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by the Partner (as described in paragraph 2.5 above) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Partner will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

2.6.8A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the App and endorsed by Fabzy, and you pay for any balance by credit or debit card. Please refer to our Voucher Terms & Conditions for the full terms and conditions applicable to the use of credit and discount vouchers. Please note that because of standard banking procedures, your bank or card issuer will initially "ring-fence" the full amount of the Order (before any credit or discount) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your Order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance. You acknowledge and agree that neither we nor the relevant Partner will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

2.6.9Payments made through the Payment Facility are processed by third party payment services providers. Fabzy takes reasonable care to ensure that the Payment Facility is available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such Payment Facility, nor can we guarantee that the facility is virus or error free. We use third party payment service providers to process payments and because there are many factors beyond our control (such as delays in the banking system or in card networks), we cannot predict or guarantee the amount of time needed to complete the processing of your payment. Access to the Payment Facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to such Payment Facility and will do what we can to restore the facility as soon as reasonably possible.

2.6.10I If you pay for Services via the Payment Facility, Fabzy will collect the payment in its capacity as the commercial agent of the relevant Partner. Once Fabzy has successfully received your payment for the Services, this will discharge your debt to the Partner on whose behalf Fabzy has collected the payment.

2.6.11For certain Dated Bookings, there may be an option for you to make a "Pay at Venue" booking. This means that you can make the Order but then pay for it directly to the Partner at the time of the appointment (i.e. not pay for the Order in advance through the Payment Facility). Please note, this option is not available in all circumstances. This option will only appear if the Order and the Partner are both eligible for Pay at Venue. Please also note that on the Website and App, you are only permitted to have up to three Pay at Venue bookings at any one time. PLEASE NOTE THAT Fabzy GIFT CARDS AND VOUCHERS CANNOT BE REDEEMED AT PAY AT VENUE BOOKINGS.

2.6.12Please note that when you make a "Pay at Venue" Order on the Website or App, you are still entering into a binding legal contract in respect of the Order and once your Order Confirmation is sent and the Partner Contract has been formed, you must pay the Partner in full when you (or the recipient of the Services) attend the appointment. If you fail to show up to an appointment that you have not paid for you will still be liable to the Partner for the full amount due under the Partner Contract, unless cancelled in accordance with clause  2.5. In all cases the Partner Contract will be subject to these Booking Terms and Conditions including the cancellation period selected by the Partner.

2.6.13In the case of Pay at Venue Orders, you are not entering into a binding legal contract in respect of the Order and therefore you and the Partner are able to cancel up until the time the appointment takes place. No Fabzy Contract or Partner Contract is formed.

3LIABILITY

3.1Nothing in these App Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these App Terms affects your statutory rights.

 

3.2Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the App (including the use, inability to use or the results of use of the App) for:

3.2.1any loss of profits, sales, business, or revenue;

3.2.2loss or corruption of data, information or software;

3.2.3loss of business opportunity;

3.2.4loss of anticipated savings;

3.2.5loss of goodwill; or

3.2.6any indirect or consequential loss.

 

 

3.3Subject to the above clauses our total liability to you in respect of all other losses arising under or in connection with the App or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £100, whichever is lower.

3.4All communications and notices from you must be sent to Fabzy by email at help@Fabzy.app or by post to Fabzy, , Unit 2, Pilton Industrial Estate, 46 Pitlake, Croydon. CR0 3RA. Fabzy may communicate and give notice to you via post, email or by posting notices on the App.

3.5Please note our customer support hours are: 9am-5pm Monday to Friday.

3.6Fabzy reserves the right to deactivate a Customers Fabzy account in the event of a breach of these Booking Terms and Conditions and/or where the Customer acts in a way that is inappropriate, abusive or otherwise unacceptable towards our Customer Experience team or employees of a Partner, either in communications via phone or email, or in person at the Partners venue.

3.7If any of these Booking Terms and Conditions are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

3.8These Booking Terms and Conditions will be governed by and construed in accordance with the laws of England. You and we each agree that the English courts will have exclusive jurisdiction over any claim or dispute arising from, or related to, the ordering and/or supply of Services via the App.

3.9You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the App, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

 

4LICENSE

4.1You are permitted to use the App and print and download extracts from the App for your own personal non-commercial use on the following basis:

4.1.1You must not misuse the App (including by hacking or "scraping").

4.1.2The copyright and other intellectual property rights in the App and in content published on it (including without limitation photographs and graphical images) are owned by us or our licensors unless otherwise stated. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these App Terms, any use of extracts from the App other than in accordance with paragraph 7.1 is prohibited.

4.1.3You must not modify the digital or paper copies of any content that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.

4.1.4You must ensure that our status as the author of the content on the App is always acknowledged.

4.1.5You are not allowed to use any of the contents on the App or the App itself for commercial purposes without obtaining a licence from us to do so.

 

4.2The App may not be used, and no part of the App may be reproduced or stored in any other App or included in any public or private electronic retrieval system or service, without our prior written permission except as stated in 4.1.

4.3Any rights not expressly granted in these App Terms are reserved.

4.4We may terminate or suspend (at our absolute discretion) your right to use the App immediately by notifying you in writing (including by email) if we believe in our sole discretion that

4.5Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the App

4.6We provide you with access to and use of the App on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the App and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the App and your use of it, or be otherwise implied or incorporated into these App Terms, by statute, common law or otherwise )

 

5CONTENT AND REVIEWS OF PARTNER AND CUTSOMER

 

5.1Other than personally identifiable information, which is covered under our Privacy Notice, any Content you post, upload or transmit or upload to the App (including without limitation Reviews) Content will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Content, you represent and warrant that you own or otherwise control all of the rights to such Content. You agree that we will have no obligations with respect to any Content, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Content and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.

5.2You represent and warrant that that any Content you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.

5.3You are prohibited from posting, uploading or transmitting to or from the App any Content (including any Reviews) that:

5.3.1breaches any applicable local, national or international law;

5.3.2is unlawful or fraudulent;

5.3.3amounts to unauthorised advertising; or

5.3.4contains viruses or any other harmful programs.

5.3.5In particular (but without limitation), any Reviews that you submit through the App must not:

5.3.6contain any defamatory, obscene or offensive material;

5.3.7promote violence or discrimination;

5.3.8infringe the intellectual property rights of another person;

5.3.9breach any legal duty owed to a third party (such as a duty of confidence);

5.3.10promote illegal activity or invade another's privacy;

5.3.11give the impression that they originate from us; or

5.3.12be used to impersonate another person or to misrepresent your affiliation with another person.

 

5.4The prohibited acts listed in paragraphs 5.3 and 5.3.5 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Content posted, uploaded or transmitted to the App that we determine breaches a prohibition in paragraphs 5.3 or 5.3.5 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.

5.5The Reviews and other Content contained on the App are for information purposes only and do not constitute advice from us. Reviews and Content reflect the opinions of customers who have ordered through the App or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Content, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.

5.6Any images displayed on the App are provided as a design feature of the App only and may not be either (a) an image of styles offered Partner from which you choose to order; or (b) representative of the results you receive from a Partner.

5.7You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Partner or any other third party arising out of or in connection with any Reviews or other Content that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 5.

5.8You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Content in breach of paragraph 5.3 or 5.3.5 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.

6LINKS TO AND FROM OTHER APPS

6.1Links to third party Apps on the App are provided solely for your convenience. If you use these links, you leave the App. We have not reviewed and do not control any of these third party Apps (and are not responsible for these Apps or their content or availability). We do not endorse or make any representation about these Apps, their content, or the results from using such Apps or content. If you decide to access any of the third party Apps linked to the App, you do so entirely at your own risk.

6.2You may link to the App's homepage (www.fabzy.app), provided that::

6.2.1you do so in a fair and legal way which does not damage or take advantage of our reputation;

6.2.2you do not establish a link from a App that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;

6.2.3any App from which you link must comply with the content standards set out in these App Terms (in particular paragraph 9 (Visitor Materials and Reviews));

6.2.4we have the right to withdraw linking permission at any time and for any reason.

7DISCLAIMERS

7.1While we try to ensure that information on the App is correct, we do not promise it is accurate or complete. We may make changes to the content on the App, or to the functionality, Products and prices described on it, at any time without notice. The material on the App may be out of date, and we make no commitment to update that material.

7.2When a Partner signs up with us, they have to provide us with up-to-date service menu information. We then include this on their dedicated page on the App. We will do our best to republish this information on the App or app exactly as it appears on the service menu. If you have, or someone you are ordering for has, a concern about allergies, intolerances or other preferences, you should always contact the Partner directly before placing your order.

7.3The legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with. We have no control over the actions or omissions of any Restaurants. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the App:

7.3.1We do not give any undertaking that the Products ordered from any Partner through the App will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.

7.3.2Booking times and service durations provided by the Partner and are only estimates. Neither we nor the Partner guarantee that Service orders will be delivered or completed within the estimated times.

7.3.3We encourage all our Partners to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Partner rejects your Order. However, we do not guarantee that Partners will accept and fulfil all Orders, and Partners have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. Partners will not be obliged to deliver an Order to an address outside of their set delivery radius, which may change from time to time.

7.3.4The foregoing disclaimers do not affect your statutory rights against any Partner.

7.4We provide you with access to and use of the App on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the App and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the App and your use of it, or be otherwise implied or incorporated into these App Terms, by statute, common law or otherwise).

8COMMUNICATIONS

8.1Applicable laws require that some of the information or communications we send to you should be in writing. When using the App or ordering Products via the App, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the App. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

9EVENTS OUTSIDE OUR CONTROL

9.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these App Terms that is caused by events outside our reasonable control ("Force Majeure Event").

9.2A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

9.2.1strikes, lock-outs or other industrial action;

9.2.2civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

9.2.3fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

9.2.4impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

9.2.5impossibility of the use of public or private telecommunications networks; and

9.2.6the acts, decrees, legislation, regulations or restrictions of any government.

9.3Our performance under these App Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these App Terms may be performed despite the Force Majeure Event.

 

10ADDITIONAL TERMS

10.1We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Notice. You should review our Privacy Notice.

10.2You should also review our Cookies Policy for information regarding how and why we use cookies to improve the quality of the App and your use of it, our Voucher Terms and Conditions for information regarding the use of credits and promotional discounts on the App for information regarding the terms applicable to competitions that we may run from time to time. All of these are incorporated into these App Terms by this reference.

10.3If any of these App Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

10.4These App Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

10.5Any failure or delay by you or us in enforcing (in whole or in part) any provision of these App Terms will not be interpreted as a waiver of your or our rights or remedies.

10.6You may not transfer any of your rights or obligations under these App Terms without our prior written consent. We may transfer any of our rights or obligations under these App Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

10.7The headings in these App Terms are included for convenience only and shall not affect their interpretation.

 

11GOVERNING LAW AND JURISDICTION

 

11.1These App Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these App Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.

 

12FABZY VOUCHER TERMS & CONDITIONS

 

12.1The following general terms and conditions (the "General Voucher Terms") will apply to all vouchers issued by Fabzy from time to time for use on the App, including vouchers with a credit value ("Paycode Vouchers") and promotional discount vouchers ("Discount Vouchers", and together with Paycode Vouchers, ("Vouchers"). 

12.2Individual Vouchers will also be subject to, and the General Voucher Terms will be supplemented and/or modified by, additional terms and conditions (the "Specific Voucher Terms") that will be specified on the Voucher or at the time the Voucher is issued.

12.3Vouchers may only be redeemed towards online Orders from Restaurants made through the App. You may only use vouchers in connection with a cash Order where the Restaurant you are ordering from accepts cash Orders.

12.44. Unless otherwise stated by Fabzy, Discount Vouchers with a fixed value (e.g. £5 off)  may only be used where the total value of your order is at least £10.There is no such minimum spend requirement in respect of Paycode Vouchers or for Discount Vouchers which provide a percentage discount.

12.5Paycode Vouchers must be applied to a registered Fabzy online customer account via www.fabzy.app by no later than the deadline specified on the Paycode Voucher and/or at the time the Paycode Voucher is issued by entering the relevant voucher code ("Paycode Voucher Code"), and will expire if not applied by this date. If the Paycode Voucher is applied before the expiry date, the customer account will be credited by the relevant amount. Unless otherwise provided or specified in the Specific Voucher Terms, any credit must be used within six (6) months of the date on which the Paycode Voucher is issued.

12.6If the order value is less than the Paycode Voucher value that has been credited to the customer account, no change or cash will be given. However, any balance will be left as a credit in the customer account, and may be redeemed against subsequent orders.

12.7If the order value is more than the Paycode Voucher value that has been credited to the customer account, the remaining balance must be paid online using a debit or credit card or cash.

12.8Paycode Vouchers and Paycode Voucher Codes are only valid for one use. Once the Paycode Voucher Code has been used (whether in an authorised or unauthorised manner), the Paycode Voucher Code will be void. Paycode Voucher recipients are responsible for ensuring that their Paycode Voucher Codes are not used by someone else.

12.9Discount Vouchers must be used by the deadline specified on the Discount Voucher and/or at the time the Discount Voucher is issued by entering the relevant voucher code ("Discount Voucher Code"), and will expire after such date.

12.10In the event of 2,000 redemptions made per Discount Voucher Code, the Discount Voucher Code will automatically expire regardless of the expiry date.

12.12The right to use a Voucher is personal to the original recipient and may not be transferred. No Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission. In particular, Vouchers distributed or circulated without our written approval, for example on an Internet message board or on a "bargains" App, are not valid for use and may be refused or cancelled.

12.13Unless otherwise provided or specified in the Specific Voucher Terms:

12.13.1Vouchers may not be used in conjunction with other Vouchers or any other discounts or promotions provided or advertised from time to time;

12.13.2each Voucher will be valid for use by a recipient only once;

12.13.3each customer or household is limited to one Voucher per promotion or offer; and

12.13.4the right to use a Voucher is personal to the original recipient and may not be transferred.

12.14When you use a Voucher you warrant to us that you are the duly authorised recipient of the Voucher and that you are using it in accordance with these terms, lawfully, legally and in good faith. If we believe in our sole discretion that a Voucher is being used in breach of these terms, unlawfully, illegally or in bad faith, we may reject or cancel the Voucher.

12.15Please note that because of standard banking procedures, your bank or card issuer will initially "ring-fence" the full amount of an Order (before any Voucher credit or discount is applied) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance.

12.16Vouchers may not be exchanged for cash.

12.17We shall not be liable to any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Voucher or any failure or inability of a customer or household to use a Voucher for any reason.

12.18We reserve the right, at any time and in its sole discretion, to add to or amend these terms and conditions in relation to the use of Vouchers or to vary or terminate the operation of a Voucher at any time without notice.

12.19All standard terms and conditions from time to time for use of the App and the Service apply.