Terms of use for MyQbuster


Terms and conditions of use by Customers of the MYQBUSTER.com service

These terms and conditions (Terms) apply to all Transactions entered into or undertaken by a Customer using the Service

1 Definitions

In these Terms the following words and expressions shall have the following meanings:-

Authorisation Code means the code which will be issued to the Customer in respect of any Order which the Customer will use on order to obtain collection or delivery of an Order

Bank Card Company means the issuer of the credit card or debit card which the Customer uses to effect payment in respect of any Order

Consumable means any item which a Merchant offers for sale through the Service and includes food, alcoholic and non-alcoholic beverages, snacks, tobacco and confectionery

Customer means any person who has registered with MYQBUSTER to use the Service

Merchant means any entity which operates a Merchant Premises at which the Service is available

Merchant Premises means the public house, restaurant, bar, cafť, hotel or other premises owned or operated by the Merchant at which Consumables are to be purchased by the Customer

Mobile Service Provider means the Network Operator or other company which provides the network service to the Customer in respect of his/her Mobile Telephone Device Mobile Telephone Device means any mobile wireless device which is capable of receiving and/or sending voice and/or data and/or video communications and/or storing information and which is designed or adapted to be capable of being used while the user is in motion MYQBUSTER means [MyQBuster Limited], which owns and operates the Service

Network Operator means the company which operates the mobile telecommunications system used by the Customer

Online Payment Services means the online payment services which MYQBUSTER uses in order to facilitate payment from any Bank Card Company in respect of the use of the Service by the Customer

Order means an order for Consumables to be purchased at the Merchant Premises placed by a Customer through the Service

Service means the MYQBUSTER.com service provided by MYQBUSTER to Customers which enables them to make advance purchases of Consumables using a Mobile Telephone Device

Website means the website of MYQBUSTER at www.myqbuster.com.

2 Registration

2.1 Only Customers who have registered to use the Service may use the Service.

2.2 Customers may register through a Mobile Telephone Device or through the Website. Registration through the Website may require a pre-authorisation procedure which involves the Customer being charged a nominal amount to allow registration to proceed which will later be refunded to the Customer.

2.3 Customers will be required as part of the registration process to give personal details (eg name, date of birth, postcode amd email address) and together withof a current credit or debit card which has been issued in their name. Customers registering through the Website may be may be invited to give further optional information.

2.4 Customers will be required to select a unique user name which will be required to be approved by MYQBUSTER and a password. The password will be encrypted and will be used by the Customer in relation to the processing of payments through the Online Payment Services by the relevant Bank Card Company.

2.5 Once a Customer has been registered he/she will be able to use the Service by using the user name and password approved as referred to in paragraph 2.5.

2.6 MYQBUSTER shall have an absolute discretion to decline registration of a Customer without being obliged to give any reasons.

2.7 No person under the age of 18 may apply for registration or use the Service.

3 Orders

3.1 Orders of Consumables at Merchant Premises may be effected by Customers using their Mobile Telephone Device which was used in order to effect registration to access the Service or in the case of registration through the Website which was specified by the Customer in the registration process. Orders may only be placed during hours agreed between the relevant Merchant and MYQBUSTER; details of these hours will in due course be set out on the Website.

3.2 Customers may access the Service only through a Mobile Telephone Device, using their approved user name and password.

3.3 Customers will select the Merchant Premises at which they wish to place an Order and will be able to select from a list of Consumables (including prices) displayed on the screen of their Mobile Telephone Device.

3.4 The price charged to the Customer for the purchase of any Consumables using the Service will include a 10% additional service fee to the stated prices of the Consumables included in an Order and will be inclusive of Value Added Tax at the applicable rate. Payment will be made to MYQBUSTER which will be responsible for paying to the Merchant the amounts to which it is entitled in relation to the supply of the Consumables.

3.5 The minimum charge for any Order shall be £5.50.

3.6 Once the Customer has decided on an Order he/she will be invited to check out the Order and he/she will then be connected to the Online Payment Services, The Customer will be given an option to pay for the Order using either the credit or debit card, details of which were submitted as part of the registration process or another credit card or debit card selected by the Customer. The Customer will use his/her pre-encrypted password to authorise payment using the Online Payment Services from his/her Bank Card Company.

3.7 Once payment for the Order has been authorised by the relevant Bank Card Company the applicable Authorisation Code will be transmitted to the Customer and to the relevant Merchant.

3.8 When the Order is ready for collection or to be delivered at the Merchant Premises, the Customer will be informed by an SMS message sent to his/her Mobile Telephone Device (which shall be deemed to be a receipt that payment has been made) and he/she will then be able to collect or take delivery of his/her Order by showing to the relevant staff at the Merchant Premises the applicable Authorisation Code displayed on his Mobile Telephone Device. Upon collection or delivery the Customer will be given a paper receipt evidencing fulfilment of the Order.

3.9 If for any reason the Merchant is unable to supply any Consumables specified in any Order, then the Merchant agrees that it will provide the nearest equivalent which it is able to provide.

4 Mobile telephone charges

4.1 Customers will be charged in relation to the registration and ordering processes by their Mobile Service Providers in respect of SMS messages sent and received by Customers and access to the Website and to the Online Payment Services through a web access browser or otherwise at the prevailing rates charged in accordance with the contract which the Customer has with the Network Operator or Mobile Service Provider.

4.2 Customers who are pay-as-you go or prepaid users should ensure that they have sufficient credit to use their Mobile Telephone Devices to access and use the Service.

5 Responsibilities of Customers

5.1 Customers should be aware that a Merchant may decline to serve a Customer for example for drunk, indecent or otherwise inappropriate behaviour, minimum age requirements, not carrying proof of identification of age or non-compliance with any applicable dress code or in compliance with its licensing obligations.

5.2 It is the Customerís responsibility to ascertain whether there are applicable age, dress code or other specific requirements which apply to any particular Merchant Premises.

5.3 The Customer is responsible for ensuring that the details of an Order are correct and that he/she has sufficient credit in respect of any credit or debit card to be used in payment of an Order. If incorrect details of a credit or debit card are provided MYQBUSTER may terminate the right of the Customer to use the Service.

5.4 The Customer shall be responsible for keeping secure and non-accessible his/her user name and password.

6 MYQBUSTER as an agent

6.1 MYQBUSTER acts in relation to the supply of Consumables by the Merchant to the Customer only as an agent for the Merchant and accepts no repsonsibility for the fulfilment of any order.

6.2 MYQBUSTER makes no warranties, express or implied with regard to the supply of Consumables by the Merchant.

7 Complaints

7.1 Any complaint or claim by a Customer in respect of any matter relating to the purchase of Consumables pursuant to an Order including any of the following:-

(a) any failure to deliver the Consumables in accordance with an Order made by a Customer;

(b) any delay in delivering the Consumable to the Customer at the Merchant Premises;

(c) the Customer not being permitted to purchase the Consumables by the Merchant for any reason; or

(d) any complaint as to the quality or quantity of any Consumables purchased or of the service provided to the Customer by the Merchant;

shall be made to the Merchant and not to MYQBUSTER.

7.2 Any decision to rebate any amount or any part of any amount paid by the Customer in respect of an Order shall be made solely by the Merchant.

7.3 MYQBUSTER shall have no responsibility to the Customer if for any reason the Customer is unable to use the Service or make an Order through the Customerís Mobile Telephone Device for any reason for example as a result of any incompatability with any of MYQBUSTERís systems or technology, poor or non-existence transmission or network operator failure.

8 Termination

8.1 MYQBUSTER shall have the right to terminate the right of the Customer to use the Service by giving notice to the Customer by sending an SMS message to the Customerís Mobile Telephone Device.

8.2 The Customer may give notice to terminate his/her right to use the Service at any time by sending an email to that effect to info@myqbuster.com.

9 Privacy and disclosure of information

9.1 The Customer acknowledges that MYQBUSTER will collect and process certain personal information supplied by the Customer. This information will only be used in order to register the Customer to use the Service and to process Orders and effect payment of Orders placed by the Customer.

9.2 MYQBUSTER will not supply any such personal information relating to any Customer to any third party (other than the Merchant, the provider of any Online Payment Services orapplicable Bank Card Company used to pay any Order for the purposes referred to in the previous paragraph).

9.3 MYQBUSTER may use information obtained from a Customer to collate information on a no-names basis which may be of assistance to MYQBUSTER in analysing how the Service is used and the ordering behaviour of Customers.

10 Variation of Terms

MYQBUSTER may vary these Terms at any time for any reason provided that such variation is set out on the Website and any such variation shall take effect from the date when such variation is first posted on the Website.

11 Governing law

These terms and conditions shall be governed by English law.