1. About these terms
These terms are an agreement between GetTakeaway Ltd, operator of gettakeaway.net (“GetTakeaway”, “we”, “us”) and the business that signs up to use our service (“you”, “the restaurant”).
GetTakeaway is a service for businesses. By creating an account, starting a trial or subscribing, you confirm that you are acting for a business, that you are authorised to accept these terms for it, and that you agree to them and to our Privacy Policy.
2. The service
GetTakeaway gives your restaurant its own online ordering system, including:
- an ordering website on a gettakeaway.net web address (and, on eligible plans, your own domain);
- an admin panel to manage your menu, opening hours, delivery areas, orders, customers, loyalty points, gift vouchers and settings;
- order tracking for your customers, order printing and connections to till and merchant apps;
- TouchPOS, our point-of-sale app for Windows and iPad, where your plan includes it or you subscribe to it separately.
We do not charge commission on your orders. Features may differ between plans, and we may improve, change or remove features over time. If we remove something important that you pay for, we will tell you in advance.
3. Your account
- The information you give us when you sign up must be accurate and kept up to date.
- Keep your admin password, API tokens and TouchPOS licence keys secret. You are responsible for everything done with your account, including by your staff.
- Tell us straight away at info@gettakeaway.net if you think someone has accessed your account without permission.
- One account is for one restaurant business. Please contact us if you run several locations.
4. Free trial
New accounts get a 14-day free trial. No card is needed to start. During the trial you can use the service and take real orders.
If you have not subscribed by the end of the trial, your ordering website goes offline and your admin panel only shows the Billing page. Your menu, customers and orders are kept, and come straight back when you subscribe (see section 15 for how long we keep them). If you subscribe during the trial, your first payment is taken when the trial ends.
5. Plans, prices and payment
- Subscriptions are monthly. The price is the one shown on our website or on your Billing page when you subscribe. Prices are in pounds sterling; if VAT or other taxes apply, they are shown before you pay.
- Payments are taken in advance each month by card through our payment provider, Stripe. We never see or store your full card number.
- If a payment fails, Stripe will retry it and we will email you. If it still hasn't been paid after several attempts, we may suspend your account until it is.
- We may change our prices with at least 30 days’ notice by email. The new price applies from your next billing date after the notice period. If you don’t want to continue, you can cancel before then.
- Except where the law requires otherwise, payments are not refundable, including for part-months after you cancel.
6. Cancelling and suspension
You can cancel at any time from Admin → Billing (or the billing portal for TouchPOS). Your service continues until the end of the month you have paid for, then stops. There are no cancellation fees and no minimum term.
We may suspend or close your account, with notice where reasonable, if you don’t pay, if you seriously or repeatedly break these terms, if your use puts our systems, other restaurants or the public at risk, or if the law requires us to.
7. Your responsibilities as a restaurant
GetTakeaway provides the technology. The sale of food is between you and your customer; we are not a party to it. You are responsible for:
- your menu, prices, descriptions, photos, offers and opening hours being correct;
- allergen and dietary information, and food safety, hygiene and labelling;
- accepting, preparing, delivering and refunding orders, and handling customer complaints;
- any licences or registrations your business needs;
- complying with consumer, food, tax and data protection law in your area;
- the delivery charges, minimum orders and delivery areas you set;
- having your own privacy notice and terms for your customers. We provide editable templates in Admin → Legal Pages, but you must check they are right for your business.
8. Customer payments and third-party services
Card payments from your customers go through your own SumUp account, straight to you. We don’t hold or handle that money. SumUp’s own terms apply between you and SumUp, including fees, payouts, chargebacks and disputes.
Some features rely on other services you choose to connect, such as SumUp, Gift Up (gift vouchers), Twilio (SMS), your email provider, Google (reviews and maps) and the Apple and Google app stores. Their terms apply to your use of them. We are not responsible for their availability, charges or decisions, but we will help you where we can.
9. Your content
Your menu, photos, logo, texts and other material you add stay yours. You give us permission to store, copy and display them as needed to run the service for you, including showing your public information on your ordering website and apps.
You must have the right to use everything you upload, and it must not be unlawful, misleading or infringe anyone else’s rights.
10. Acceptable use
You must not:
- use the service for anything unlawful, fraudulent or harmful, or to sell prohibited goods;
- send marketing emails or SMS to customers who have not agreed to receive them;
- try to access other restaurants’ data or our systems beyond your own account, test our security without permission, or disrupt the service;
- copy, resell or reverse-engineer our software, or use it to build a competing service;
- create accounts with automated tools or false details.
11. Data protection
Your customers’ data. When your customers order from your website or app, you are the controller of their personal data and we are your processor. We will:
- use that data only to run the service for you and on your documented instructions (including these terms and the settings you choose), unless the law requires otherwise;
- make sure everyone who can access it is bound by confidentiality;
- keep it secure with appropriate technical and organisational measures;
- use only the sub-processors listed in our Privacy Policy, under written terms that protect the data, and tell you before we add or replace one so you can object;
- help you respond to requests from your customers to exercise their rights, and with security, breach notification and impact assessments where relevant;
- tell you without undue delay if we become aware of a personal data breach affecting your data;
- delete or return the data when the agreement ends (see section 15), unless the law requires us to keep it;
- give you the information you reasonably need to show you are complying with data protection law.
Your account data. For information about you and your business as our customer, we are the controller. Our Privacy Policy explains how we use it.
12. Availability, support and backups
We work hard to keep GetTakeaway running all day, every day, but we can’t promise it will never be interrupted, for example during maintenance, updates or problems with the internet or the services we depend on. Where we can, we schedule maintenance for quiet hours.
We back up all restaurant data every night and keep backups for 14 days. Backups are for recovering from problems on our side; please keep your own records of anything important, such as orders you need for your accounts. Support is by email at info@gettakeaway.net.
13. Our software
GetTakeaway, TouchPOS, our apps and all related software, designs and documentation belong to us or our licensors. While your subscription is active, we give you a non-exclusive, non-transferable right to use them for your restaurant business under these terms.
14. Liability
Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.
Subject to that:
- we are not liable for loss of profits, sales, business, orders, goodwill or data, or for any indirect or consequential loss;
- we are not liable for the acts or failures of third-party services you connect (see section 8), or for anything that is your responsibility under section 7;
- our total liability to you in any 12-month period is limited to the amount you paid us for the service in that period.
You are responsible for claims made against us by your customers or others arising from your food, your orders, your content, or your breach of these terms or the law.
15. When the agreement ends
If you cancel, or we close your account, your ordering website and admin panel stop working at the end of the paid period. Before then you can export your data from the admin panel, or ask us for a copy.
We keep your restaurant’s data for 90 days after your account closes or is suspended for non-payment, so you can come back without losing anything. After that we may delete it permanently, including from our backups within a further 14 days. We keep billing records for as long as the law requires.
16. Changes to these terms
We may update these terms, for example when we add features or the law changes. We will email you at least 30 days before an important change takes effect. If you continue to use the service after that, the new terms apply. If you don’t agree, you can cancel before the change takes effect.
17. Law and disputes
These terms are governed by the law of the Isle of Man, and the courts of the Isle of Man have jurisdiction over any dispute. Before going to court, please contact us so we can try to sort things out.
If any part of these terms can’t be enforced, the rest still applies. You may not transfer this agreement without our agreement; we may transfer it to another business that takes over GetTakeaway, and will tell you if we do.