TERMS AND CONDITIONS

TERMS AND CONDITIONS - MERCHANT

Last Updated: February 2022

This page (together with our Cookies Policy and Privacy Policy ) sets out the terms and conditions ("Website Terms") on which we, Peckish Limited ("we", "our" or "Peckish"), provide access to our website https://www.peckish.ie and any Peckish mobile application (together, "the Website") . By using the Peckish website, you signify your agreement to be bound by these conditions. We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion. It is your responsibility periodically to review this page for updates to these Terms & Conditions, which shall come into effect once posted. Your continued use of the Site will be deemed acceptance of these Terms & Conditions, including our Privacy Statement.

By clicking "Accept" you confirm that ;

You have authority to do so and to bind the company you are accepting for.

You accept our offer to provide the Peckish Service on these terms.

You agree to and will comply in full with these terms.

By clicking “Accept” you form a contract between you and Peckish, which commences on the date of your acceptance.

If you have questions about these terms or our Peckish Service contact info@peckish.ie.

If we need to contact you, we’ll do so via the email address you have provided to us.

WHAT DO WE DO?

The Peckish Service enables you to upload, create and edit your own company’s menu pages for the Peckish Platform (“The Services”)

GENERAL

By accepting these terms, you agree that:

Peckish won’t launch your sites and menu items on the Peckish Platform – you will be responsible for uploading and publishing any menu yourself.

When you’re satisfied with your menu and have signed up via our Stripe integrated Billing Page, you can publish it to the Peckish Platform.

Peckish will, subject to our rights to suspend your use of The Services under these terms, display your site/s and menu items on the Website as available.

By using Peckish, you acknowledge that you will be controlling and amending the information consumers see about your menu items on the Website. This remains the case in circumstances where a member of the Peckish team assists with any amendments, edits and uploads. Your menu updates will not be visible to consumers until you publish your upload and/or subsequent edits.

It will not be possible to publish your menu on the Website until payment has been made through the Billing Page of your Dashboard. This information is process by Stripe Incorporated, we do not have access to your card information. To review Stripes own Terms of Service for Ireland please review https://stripe.com/ie/ssa.

You are responsible for ensuring that all information uploaded by you, your employees or agents, to the Website is correct and accurate and moreover in compliance with all applicable law (including but not limited to food safety legislation and consumer legislation).

As a condition to using "The Services", you agree not to use "The Services" for any purpose that is prohibited by these Terms. You shall, at all times, abide by all applicable laws in accessing and using "The Services".

For purposes of these Terms, the term "Content" includes, without limitation, any advertisements, content, text, photographs, images, software, scripts, art, graphics and logos generated, provided, or otherwise made accessible by or to Peckish or its partners on or through "The Services".

By way of example, and not limitation, you shall not, and shall not permit any third party to, directly or indirectly (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through "The Services", that:

infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;

is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;

constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming");

contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Peckish or any third party; or

impersonates any person or entity, including any employee or representative of Peckish.

Your use of the Website is strictly subject to your compliance with these terms.

WEBSITE AVAILABILITY

While we try to ensure the Website 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 Website is unavailable at any time or for any period.

PECKISH COMMUNITY STANDARD

Your menu (including each menu item, image and description) must:

Be clear, accurate, complete and error-free

Be your own, original content or licensed to you by a third party on terms that let you grant us the rights below. Content you upload must not infringe any third party’s proprietary rights.

Comply with all applicable legal and regulatory requirements

Keep your menu up to date, keep your ingredient and allergen information up to date and ensure that the prices referred to on the Peckish website are the same as the prices for menu items published in your restaurant.

If any information uploaded to the Website doesn’t comply with these terms or is offensive, illegal, immoral or inappropriate in any way we may remove it or the applicable menu page immediately without notice.

Peckish reserve the right to edit or remove menu items for display on the Peckish Website.

INTELLECTUAL PROPERTY

All rights, title and interest in and to the Platform, any software we provide for your use and any other materials we provide to you under or in connection with these terms are and shall at all times remain Peckish’s intellectual property (Peckish IP). We grant you a limited, non-exclusive, non-transferrable, non-sublicensable, revocable licence to use the Peckish IP in the country you operate in during the Term for the sole purpose of using Menu Service.

You must not (and shall not permit any third party to):

copy, adapt, reverse engineer, decompile, modify or make error corrections to any Peckish IP other than with our express prior written consent;

breach, disable, tamper with, or develop or use any workaround for any security measure in any Peckish IP or otherwise do anything that disrupts any Peckish IP, Peckish or any person.

Peckish grants you a non-exclusive, royalty-free, non-sublicensable, non-transferable licence to use Peckish branding, which includes the “Peckish” logo, name and/or website address for the Term in the country you operate in to allow you to advertise Menu Service at your sites. You must comply with any Peckish policy issued from time to time.

You grant us and our affiliates a non-exclusive, royalty-free licence to use your branding which includes your logos, name and website address(es) for the Term in the country you operate in. You warrant and undertake that your branding does not and will not infringe any third party intellectual property rights. We can use your branding on the Platform, for marketing purposes and as reasonably necessary to provide Menu Service.

Except for these limited licences:

Peckish retains ownership of and all rights in and to Peckish branding; and

You retain ownership of and all rights in and to your branding.

We may collect data about your use of the Website. By using the Website you agree to us collecting and using this information. We may use this information for various purposes, including to improve, maintain, protect and develop our products, and to provide Services to you.

SUSPENSION AND TERMINATION

Peckish may terminate your access to all or any part of "The Services" at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. Upon termination of your right to use the Website, or our termination of "The Services", all licenses and other rights granted to you by these Terms will immediately terminate.

If you wish to terminate your account, you may do so by following the instructions on the Site or contacting our customer support team at info@peckish.ie. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

INDEMNIFICATION

You shall defend, indemnify and hold harmless Peckish, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers, representatives, participating doctors who refer our services and agents from all liabilities, claims, losses, damages and expenses, including reasonable legal fees, that arise from or relate to: (a) your use or misuse of, or access to, "The Services", Content or otherwise from your provision to Peckish or any of the indemnified parties of any User Submissions or other data; (b) your breach of these Terms; (c) your violation or alleged violation of any applicable foreign or local laws, rules and/or regulations; or (d) infringement or alleged infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Peckish reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Peckish in asserting any available defences.

LIABILITY

Peckish has no special relationship with or fiduciary duty to you. "The Services" (including, without limitation, any content) are provided "as is" and "as available" and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.

Peckish, and its directors, employees, agents, suppliers, partners or anyone else involved in creating, producing or delivering "The Services" or the information, services and materials contained therein (i) do not assume any liability or responsibility for the accuracy, completeness or usefulness of any information, services and materials provided on or through "The Services" and (ii) do not warrant that: (a) "The Services" will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through "The Services" is free of viruses or other harmful components; or (d) the results of using "The Services" will meet your requirements or the stated purpose.

In no event shall Peckish, its affiliates nor its or their directors, employees, agents, partners, suppliers, third party service providers, licensors or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to "The Services" (including, without limitation, any content): (a) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, exemplary, or consequential damages of any kind whatsoever, substitute goods or services (however arising); (b) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination); (c) for your use or inability to use or reliance on "The Services" or any content or other materials available through "The Services"; (d) unauthorized access to or alteration of your transmissions or data; or (e) statements or conduct of any third party on our services.

The maximum liability of Peckish, its affiliates and its or their directors, employees, agents, partners, suppliers, third party service providers, licensors or content providers to you for any and all damages, losses and causes of action shall not exceed €50 for accessing our services. You acknowledge and agree that the limitations set forth above are fundamental elements of these terms and "The Services" would not be provided to you absent such limitations.

When using "The Services", information will be transmitted over a medium which may be beyond the control and jurisdiction of Peckish, its customers and/or its vendors. Accordingly, Peckish assumes no liability for or relating to the delay, unintended access or disclosure, failure, interruption or corruption of any data or other information transmitted in connection with use of "The Services".

Any claims against Peckish arising in connection with your use of "The Services" must be brought against Peckish within one (1) year of the date of the event giving rise to such action.

Each party shall not at any time during this agreement and for a period of two years after termination of this agreement, use or disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as necessary to perform its obligations or exercise its rights under these terms. A party may disclose the other’s confidential information if required by law, provided it notifies the other in advance where permitted.

These terms are governed by the laws of Ireland. The courts of Ireland have exclusive jurisdiction in respect of any dispute or claim arising out of or in connection with these terms. If you wish to raise a dispute in connection with these terms you may do so by contacting info@peckish.ie.

INTEGRATION AND SEVERABILITY

These Terms, the Privacy Policy and any other agreement referenced herein, constitute the entire agreement between you and Peckish with respect to "The Services", and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Peckish with respect to "The Services". If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

MISCELLANEOUS

Peckish shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Peckish's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Peckish's prior written consent. Peckish may assign, transfer or delegate any or all of its rights and obligations hereunder without consent. Our licensors and Mobile App Providers may be entitled to enforce these Terms as third-party beneficiaries; otherwise, there are no other third-party beneficiaries to these Terms. No agency, partnership, joint venture or employment relationship is created as a result of these Terms.. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognised overnight delivery service.