BREWROUND TERMS AND CONDITIONS OF SERVICE

Welcome to the BrewRound LTD platform, website and our applications (each our “Service”). This page (together with the documents referred to on it) tells you the terms and conditions on which our partner coffee Shops supply any coffees (the “Coffees”) listed on our site to you. Please read these terms and conditions carefully before ordering any Coffees from our site. By accessing our site and placing an order you agreed to be bound by these terms and conditions and our terms of use policy.

If you have any questions relating to these terms and conditions please contact info@brewround.com before you place an order. If you do not accept these terms and conditions in full please do not use our Service.

1.     INFORMATION ABOUT US

BrewRound is an App operated by BrewRound Ltd (“we”, “us” or “BrewRound”), incorporated and registered in the England and Wales, whose registered office is at BrewRound LTD, Popeshead Court Offices, Peter Lane, York, YO1 8SU. Our Company registration number is 12660289. BrewRound is a business where the food is prepared by independent coffee Shops (our “Partner Coffee Shops”) and collected by us.

2.     PURPOSE

The purpose of our Service is to provide a simple and convenient service to you, linking you to the Partner Coffee Shop and menu of their choice and allowing you to order Coffees from them. BrewRound markets Coffees on behalf of our Partner Coffee Shops, concludes orders on their behalf and allows coffees to be collected by you. BrewRound own the process and is responsible for the delivery of the coffee.

3.     SERVICE AVAILABILITY AND MERCHANT RECORD

BrewRound Ltd is a merchant responsible for the delivery of the coffee Service between the customer and partnering coffee shops. BrewRound LTD offers an ordering and collection service from our Partner Coffee Shops throughout the UK. Operating hours will vary depending on local trading conditions and the availability of our Partner Coffee Shops. Please tap on the relevant link to view the menus on our Service, and then click on your chosen menu which will provide you with the option to submit your order to your chosen Partner Coffee Shop.

4.     ORDERS

BrewRound LTD owns the process and be responsible for the delivery of the coffee sold through the BrewRound App. When you place an order through the app you can see the status of your order. When your order has been updated to “Brewing” it has been accepted by the coffee shop. When the status updates to “ready for collection” the order can be collected from the coffee shop partner. BrewRound LTD seeks to provide quality service and will be the first contact in event in there is a problem with your Coffee either in regards to food quality and/or temperature. We do monitor our Partner Coffee Shops very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. Please let us know if you have any comments relating to our Partner Coffee Shops or in respect of the Coffees by emailing or calling us.

5.     COFFEES

All Coffees are subject to availability. Our Partner Coffee Shop may offer an alternative for any Coffee it cannot provide you with. Our Partner Coffee Shops may use nuts in the preparation of certain Coffees. Please call our Partner Coffee Shop prior to ordering if you have an allergy. BrewRound LTD cannot guarantee that any of the Coffees sold by our Partner Coffee Shops are free of allergens.

6.     SALE OF ALCOHOL

Persons placing an order for alcohol, such as an Espresso Martini, from our Partner Coffee Shops must be aged 18 or over. Alcoholic beverages can only be sold and collected to persons aged 18 or over. BrewRound operates the Challenge 25 age verification policy whereby customers who are lucky enough not to look 25 or over, will be asked to provide proof of age to show that they are aged 18 or over. By placing an order that includes alcohol, you confirm that you are at least 18 years old. BrewRound reserves the right to refuse to deliver any alcohol to any person who does not appear, or cannot prove they are, aged 18 or over. BrewRound also reserves the right to refuse to deliver any alcohol to any person who is, or appears to be, under the influence of either alcohol or drugs.

7.     AVAILABILITY AND COLLECTION

Our aim is to provide the best collection service possible. Unfortunately things do not always go to plan and factors, such as 3G and 4G availability, may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that you collect your Coffee in the time specified in the app. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the Partner Coffee Shop at that time.

8.     CANCELLATION AND COMPLAINTS

BrewRound is the contracting entity and are responsible for any complaints, or refunds. You have the right to cancel an order within a reasonable time and before the order becomes a Started Order. A Partner Coffee Shop will classify a bad order as any order which is cancelled after the barista is notified that you are within 2 minutes of the shop (a “Started Order”). Customers can cancel an order by contacting the Partner Coffee Shop or by cancelling through the app, as long as you are more than two minutes away from the shop. BrewRound and the Partner Coffee Shop may cancel any order and will tell you once we cancel an order. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by BrewRound or a Partner Coffee Shop will usually be reimbursed using the same method you used to pay for your order. Any order cancelled after it becomes a Started Order will be charged to you. BrewRound alone will determine whether an order is a Started Order or not.

9.     PRICE AND PAYMENT

The price of any Coffees will be listed on our App. BrewRound funds the coffee shops for all coffees sold through the app. Prices include VAT if registered with the Coffee shop. Prices will vary between menus. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with an in-app order confirmation, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Despite our best efforts, some of the Coffees listed on our Service may be incorrectly priced. The relevant Partner Coffee Shop will normally verify prices as part of the order process. Payment for all Coffees can be made by credit or debit card through our Service. Once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to BrewRound LTD and is subsequently passed on by BrewRound LTD to the Partner Coffee Shop. We are authorised by our Partner Coffee Shops to accept payment on their behalf and payment of the price of any Coffees to us will discharge your obligations to pay such price to the Partner Coffee Shop.

10.  OUR LIABILITY

To the extent permitted by law, BrewRound LTD provides our Service and content on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither BrewRound nor any Partner Coffee Shop shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that BrewRound or the Partner Coffee Shop is found to be liable to you our total aggregate liability is limited to the purchase price of the Coffees you have paid for in your order. This does not include or limit in any way BrewRound’s or any Partner Coffee Shop’s liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

11.  EVENTS OUTSIDE OUR CONTROL

No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in clause 11 shall excuse the Customer from any payment obligations under this Agreement.

12.  WAIVER

Neither you, BrewRound nor the Partner Coffee Shop shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.

13.  SEVERABILITY

If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

14.  ENTIRE AGREEMENT

These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

15.  OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

BrewRound may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

16.  LAW AND JURISDICTION

The English courts will have jurisdiction over any claim arising from, or related to, any use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

17.  ANTI MONEY LAUNDERING AND RISK

BrewRound Ltd is responsible for all financial risks. We have certain controls to prevent our business from being used for money laundering within the UK regulations. These include, assessing the risk of our business being used by criminals to launder money, checking the identity of our customers, checking the identity of ‘beneficial owners’ of corporate bodies and partnerships, reporting anything suspicious to the National Crime Agency (NCA). We undertake regular review of our management control systems in place and keep all documents that relate to financial transactions, the identity of your customers, risk assessment and management procedures and processes and ensure that our employees are aware of the regulations and have had the necessary training.