LAST UPDATED ON 18 MARCH 2021

These Terms (together with our Privacy Policy and Cookie Policy) apply to your access to and use of GASTON on the website (“Website”) and our mobile app (the “App” or “Platform”). GASTON is owned and operated by NILA Technology (“NILA”, “We”, “Our”, or “Us”), reg. no. 12099930, registered in England and Wales. Our registered VAT number is GB 364 3896 60. Please read these Terms carefully before using our Website as well as Platform. By using our Website or Platform (whether now or in future), and clicking “Accept” or by placing order on our Platform you confirm that:

• You have authority to do so and to bind the person or company you are accepting for;
• You accept our offer to provide services on these terms;
• You agree to and will comply in full with these terms;
• Your satisfactory completion of certain checks (including ID and food hygiene rating checks) required by NILA from time to time is a condition of this contract coming into effect.

We may make changes to these terms, so check back here from time to time. We’ll notify you of material changes before they happen. Your continued use of GASTON after being notified of any changes, you’re deemed to have accepted that change.

For the avoidance of any doubt, please note that reference to “Website” or “Platform” in these Terms include any current or future version of our GASTON websites and GASTON mobile application.

Our Services are not directed at or intended for use by children. By placing order through our Website or Platform you warrant that you are at least 18 years old and are legally capable of entering into binding contract with restaurants. If you become aware that your child or any child under your care has registered an account with us with information without your consent, please contact us.

By accessing any part of the Website or Platform, you indicate that you accept these Terms. You agree that you will review this Agreement periodically. You are free to decide not to accept these Terms and any amendments made thereafter, but accepting this Agreement (or as modified) is required for you to continue using the Website or Platform. If you do not agree to the Terms of this Agreement or any modified version of this Agreement, you must terminate your use of our Website or Platform This Agreement contains, among other things, an arbitration provision containing a class action waiver applicable to users who are residents of the United States (including its possessions and territories), Canada and Mexico.

If you have questions about these terms or our services or general questions regarding these terms, please contact us at terms@gogaston.io.

ACCESS TO OUR WEBSITE AND PLATFORM

You may access some areas of the Website and Platform without placing orders or registering your details with us. Creating your account and providing information about your dietary preferences helps you to connect your dietary preferences to range of services we offer to you.

When registering for your Account, you must provide true, accurate, current and complete data about yourself (“Registration Data”). You must also promptly update the Registration Data to keep it true, accurate, current and complete. You are solely responsible to maintain confidentiality of your Account Registration Data and information in your Account, and except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorised by you. You agree to immediately notify us about any unauthorised use of your Account or any other breach of security related to your use of our services.

USING OUR WEBSITE AND PLATFORM

The legal contract for the supply and purchase of the Products and Services is between you and the restaurant. We provide a way for you to communicate your interactions with the restaurant by acting as a commercial agent for the restaurants. Majority of restaurants on our Website and App provide their own delivery service in order to bring product(s) you order to you. In this case, the restaurant may charge you a delivery fee. We, as a commercial agent, collect this delivery fee on behalf of the restaurant from you. GASTON also helps you to reserve a table for your dine-in experience at your favourite restaurant via our table reservation services (“Table Reservation”) and waitlist services (the “Waitlist”). The availability of table reservations, estimated wait times or Waitlist position is determined by when you are requesting your reservation as well as information we have available from the restaurant. By using our Table Reservation or Waitlist services, you agree to receive reservation and waitlist confirmations, updates, modifications and/or cancellations by email or in other electronic forms. We are committed to providing the highest quality services to both you and the restaurants. In order for us to maintain these consistent high-levels of our services, you must cancel any Table Reservations or Waitlist requests that you are unable to honour at least 2 hours in advance of your confirmed reservation. You may cancel your reservation via our App or by calling the restaurant directly.

In some cases, restaurants may require you to provide your debit or credit card information to confirm your reservation. You agree to provide such information to user our Table Reservation and Waitlist services for those restaurants. We may put a temporary authorisation on the debit or credit card you have provided to confirm your identity which is usually removed within a few days following to satisfactory checks. We treat your information under our Privacy Policy and shall have no liability for any charges made to the debit or credit card account for any failure to cancel your reservation in accordance with a restaurant’s cancellation policy.

Depending on your country of residence, you may be able to participate in GASTON’s smart reward programs (“Reward Programs”). Where applicable, participation is subject to this Terms.

You are responsible for making all arrangements necessary to user our Website, Platform as well as for any Content you post on our Website and Platform, and for any consequences thereof. Users are responsible for ensuring that all persons who access our Website and Platform through your internet connection are aware of these Terms and that they comply with them and all applicable local, state, national and international laws, rules and regulations.

PARTNER RESTAURANTS

For the avoidance of any doubt, any orders processed by GASTON through our Website or App are processed by us in a capacity as commercial agent of the relevant partner restaurant.

If we are onboarding you a new restaurant onto our platform, you must;

• Comply with our Food Safety Policy.
• Provide all information, materials and assistance reasonably required by us to onboard you to our Platform. You must ensure that the information you provide to us and customers is complete and accurate in all material respects.
• Provide accurate description of menu items to be offered including any relevant allergen advice and applicable VAT amounts. You agree that we may make limited and reasonable edits to the menu item descriptions from time to time (including where legally required). You also agree that, to ensure great customer experience, the prices for the menu items you provide for display on our Website and Platform should be same as the prices for menu items published in your dine-in or in-store menu.
• Display any signage provided by GASTON in accordance with our instructions.

You agree to;

• Keep your menu up-to-date by giving us at least 3 days notice of changes you require us to make for you or by making your own changes through Menu Engineering under Settings.
• Ensure that all relevant menu items are available to be ordered by our members during your opening hours, and accept and reject orders as appropriate. Each order must meet the applicable minimum order value from time-to-time.
• Ensure orders are prepared using all due skill, care and diligence in line with best practice in your industry.
• Take account of any information relating to customer food intolerances and/or food allergies or any other specific dietary needs specified on our Platform under “My Menu” section are made available.
• Ensure all orders are packaged in a way that avoids tampering, minimises spillages and are delivered at an appropriate temperature.
• Prepare orders promptly, accurately and in accordance with timescales communicated via our Platform. In particular you must ensure that menu items;
  • correspond with description on our Website and/or Platform including, but not limited to, indications that particular menu items are gluten free, nut free, or are suitable for vegetarians and/or vegans;
  • are not harmful to health or the environment;
  • have been properly cooked or prepared and are otherwise safe, fit for consumption and palatable;
  • are safely, securely and appropriately packaged at all times;
• Provide each customer with an official receipt (and a VAT receipt, if applicable) as requested.
• Use reasonable endeavours to reject less than 1% of orders received through our Website and/or Platform.
• Use reasonable care to ensure that no more than 1% of orders contain errors.
• Be available for managing orders for 98% of your opening hours on the Platform.

You will need a hardware and a printer to start accepting orders. If you’re an existing customer, you can use your existing equipment. For new customers, when signing up you will be given two options for equipment (you can find the latest pricing for each on our sign-up pages). Each option is subject to a one-off joining fee.

• You can use your own device (which you are responsible for obtaining and maintaining).
• You can lease a GASTON device. The risk in the device passes from us to you upon installation. We retain title to the device at all times. You must let us know of any faults with, or damage to, the device and give us access to your site during normal business hours to inspect, clean, repair, replace or remove the device. We may charge a reasonable fee for repairing or replacing a device. You must comply with our Equipment Policy.

We will make software available to you to use on the equipment so that you can use manage orders. This software constitutes NILA IP (see below under “Intellectual Property”) and it remains our property at all times. You must promptly implement any patches, updates, upgrades and/or new versions of such software that we release from time to time.

Our registered members place orders using GASTON Website and/or App from your restaurant. Unless you are picking up your order from the restaurant, majority of our partner restaurants provide their own delivery service for bringing your orders to you. You agree GASTON to act as a commercial agent to solicit, promote and conclude contracts for orders in your name and on your behalf and to collect customer payments owed to you in respect to those orders.

Dining-in GASTON users can use our App for contact-free ordering and making payments after finishing their meals. By allowing your dining-in customers to use in-premise ordering (including pre-ordering their dining-in meals before arriving at restaurants) features of our App, you authorise GASTON to act as your agent to solicit, promote and conclude contracts for their orders in your name and on your behalf and to collect customer payments owed to you in respect to those orders.

Our Menu Engineering feature (can be found under Settings of your Dashboard) allows you to amend the information about your menu items, pricing inclusive of applicable VAT in local jurisdiction (“Menu Item Price”), ingredient lists, etc. Any and all update you make using our Menu Engineering will go live to GASTON Website and App shortly after you completed your edits. You are responsible for ensuring accuracy, completeness and compliance with the applicable laws (in particular in respect to providing information required by applicable consumer laws) of all information that you or your employees, agents or representatives input about menu items for publication on GASTON. We are not responsible for your use of Menu Engineering feature or the content you upload using it.

Your use of our Menu Engineering feature is subject to your compliance with these terms. If you don’t comply with these terms, or any additional terms entered into by you and GASTON in relation to access or use of Menu Engineering, we may suspend your access to Menu Engineering without notice.

Your use of GASTON is subject to our applicable service fee. Our service fee is calculated as a percentage of GMV (inclusive of VAT) per order, plus VAT at the prevailing rate (“Service Fee”). We will pay you an amount equal to the GMV for your orders during the relevant payment period, less the Service Fee, less any adjustments for refunds paid to customers during the relevant payment period.

Our Service Fees for orders placed for dining-in experience by GASTON users (including pre-orders placed for their dining-in meals by GASTON users before arriving at restaurants) are calculated as 2% of GMV per order (plus VAT at the applicable prevailing rate). You must cooperate with us so that we can comply with our VAT accounting obligations.

You will receive payments from us in accordance with your payment terms applicable in the country you operate in. We will make this payment by electronic bank transfer to your nominated bank account. You must cooperate with us so that we can comply with our VAT accounting obligations.

You warrant that;

• You will maintain the security and confidentiality of any access credentials we provide to you at all times. You are responsible for the actions of any person using your access credentials.
• You will comply with all applicable laws and licensing, registration and approvals requirements at all times, and any and all GASTON Policies made available to you from time to time.
• Without prejudice to your general obligation above, you warrant that you have not and will not do anything that breaches any applicable code and/or sanction relating to the prevention or prohibition of bribery, money laundering and similar activities. You must immediately notify GASTON if you become aware of any breach of this clause.
• Without prejudice to your general obligation above, you shall comply, and procure that all of your employees, contractors, agents and representatives comply, with applicable anti-slavery laws, as relevant to your use of our services and your fulfilment of orders placed via our Website or Platform. You must use reasonable endeavours on a continuing basis to ensure that no form of slavery is takes place in your supply chains.
• Cooperate with GASTON and provide, in a timely manner, such assistance and information as we may reasonably require.

We may suspend your use of the platform on giving you notice if we know or suspect you have breached these terms, or if we otherwise consider suspension reasonable necessary taking account of all relevant circumstances.

We will give you the reasons for the suspension where permitted by law. We will maintain the suspension until you have remedied the breach to our reasonable satisfaction or we no longer consider the suspension is necessary in the circumstances.

These terms take effect on acceptance and continue until terminated by either party giving 30 days’ written notice to other. If permitted by the law and where we consider immediate termination is necessary in the circumstances, we may give you written notice to terminate these terms with immediate effect.

PARTNER PAYMENT CYCLE

This sets out the basis on which our Service Fees and any other fees chargeable to you (“Partner Payments”) are calculated. GASTON calculates Partner Payments in your applicable Territory on a standard day.

• Service Fees in your agreement shall be calculated weekly on the Calculation Day by reference to consecutive periods of approximately the 7 days ending on Sunday immediately prior to such Calculation (or during the first such period, such period from the commencement of the Agreement ending on the Sunday immediately prior to such Calculation Day) (“Payment Cycle”).
• Within 2 working days, of the Calculation Day, GASTON shall authorise the transfer of the Partner Payment to you by electronic bank transfer to a bank account in the Territory nominated by you. GASTON will also provide you a statement summarising the orders placed from you as well as corresponding amount due to you (which shall be Menu Item Price minus Service Fees and any other Fees chargeable to you in that Payment Cycle period.

GASTON may elect to apply, alternative arrangements for the Payment Cycle or timing for the Partner Payment from time to time. In the case of any conflict between terms of such alternative arrangements and these terms, the terms of such alternative arrangements shall prevail.

INTELLECTUAL PROPERTY

All rights, title and interest in and to GASTON, any software we provide for your use and any other material we provide to you under or in connection with these Terms are and shall at all times remain NILA’s Intellectual Property (“NILA IP”). We grant you a limited, non-exclusive, non-transferrable, revocable license to use NILA IP in the country you operate in during the Terms for the sole purpose of using GASTON.

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

• Copy, adapt, reverse engineer, decompile, modify or make error corrections to any NILA 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 NILA IP or otherwise do anything that disrupts any NILA IP, NILA or any person.

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

Under no circumstances, any of stated NILA IP can be sub-licensed.

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 Delivery Service.

Except for these limited licences:

• NILA retains ownership of and all rights in and to NILA and GASTON branding; and
• You retain ownership of and all rights in and to your branding.

We may collect data about your use of our Services. By using Services 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.

LIABILITY

Nothing in these 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 Terms affect your statutory rights.

EXCLUSIONS

We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise even in foreseeable, arising under or in connection with our Website and Platform (including the use, inability to use or the result of their use) for;

• any loss of profits, sales, business or revenue;
• loss or corruption of data, information or software;
• loss of business opportunity;
• loss of anticipated savings;
• loss of goodwill; or
• any indirect or consequential loss.

We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Events”). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular, but not limited to, the followings;

• strikes, lock-downs (including instructed by standard Government guidelines) or other industrial action;
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• fire, explosion, storm, flood, earthquake, subsidence, epidemic or pandemic or other natural disaster;
• events that make use of railways, shipping, aircraft, motor transport or other means of public or private transport impossible;
• events that make use of public or private telecommunication networks impossible; and
• the acts, decrees, legislation, regulations or restrictions of any Government.

LIMITATIONS OF LIABILITY

Subject liability clauses, our total liability to you in respect of all other losses arising under or in connection with our Website and/or Platform and 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.

You assume full and sole responsibility for any additional or associated costs that may incur in connection with or as a result of your use of Website and/or Platform, 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.

CUSTOMER SUPPORT

Customer care is extremely important to us. GASTON wants every customer to enjoy the highest level of services we can provide. However, we appreciate that things don’t always go as we plan. Our Customer Support and Technical Support team will therefore try to assist you where possible if you have any problems with either placing the order or processing the order. You can contact our Customer Support team by clicking or selecting “Need help?”, “Help” or similar button or by calling the telephone number shown on the Website.

If your order is taking longer than expected or you have any other problems with your order, you can contact our Customer Support team as described above and one of our Customer Support Advisers will attempt to contact the restaurant in order to follow up on your query.

If you wish to change or cancel your order after it has been submitted and payment has been authorised, you may contact our Customer Support team as described above and they will attempt to contact the restaurant in order to communicate your requests. However, there is no guarantee that we will be able to reach the restaurant or that the restaurant will agree to your requests as they may have already started processing your order.

In the event that you are dissatisfied with the quality of any products or the service provided by our Partner Restaurant, please consider providing feedback in the form of ratings, comments and reviews on the Website (together, “Reviews”) and/or App to reflect your experience. The Reviews are an important part of our quality control process.

If you are dissatisfied with the quality of any products or the service provided by our Partner Restaurant and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the restaurant directly to lodge your complaint and, where appropriate, follow their own complaint procedures. If you are unable to contact the restaurant, or the restaurant refuses to deal with your complaint, you can contact our Customer Support team as described above within 72 hours of placing your Order and one of our Customer Support Advisers will attempt to contact the restaurant in order to request compensation on your behalf. Please note, however, that the 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 restaurants and the quality of the products or service that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any restaurant.

We expect that our Partner Restaurants;

• All complaints and in particular those relating to food safety (e.g. allergens, foreign bodies) and quality (e.g. taste, temperature, portion size) must be taken very seriously and investigated immediately.
• A customer complaint procedure should be a part of your food safety procedures.
• When undertaking an investigation, you should consider and be prepared to provide feedback on the following matters, as relevant (not an exhaustive list):
  • any control measures in place to ensure that your menu items meet legal requirements and to prevent the alleged incident in question from occurring;
  • whether relevant due diligence paperwork was completed on the day in question, such as temperature records, cleaning checks, allergen matrices etc;
  • relevant staff training – including when it was last refreshed;
  • your compliance with any relevant food storage and labelling requirements;
  • number of portions of the food in question sold and whether you have received any similar complaints on the same day;
  • any micro-testing or historical data available to you on the item in question

FOOD SAFETY

Keeping our community in which we operate safe is our top priority. Strict food hygiene procedures are essential to ensuring safety of consumers. Our Food Safety guidelines sets out safety standards that we expect our Partner Restaurants to meet in order to remain on our Platform.

If we are made aware of our Partner Restaurant who is acting in breach of Food Safety guidelines, or any other clauses of this Terms, we will investigate the report before taking any action. We will notify the Partner Restaurant if we decide to take any action. We also reserve the right to immediately suspend the provisions of our services without notice.

A Partner Restaurant must have a registration with their local authority or other relevant regulators in order to sell or supply food and/or beverages. It is noteworthy, food businesses that make, prepare or handle food that comes from animals (e.g. meat, fish, egg or dairy products) may need to be approved by local authorities or other relevant regulators. In addition to these, Partner Restaurants must also have a valid licence for certain licensable activities (e.g. sale of alcohol, or sale of late-night refreshments, etc.). Partner Restaurants are responsible to ensure that they have all appropriate registrations, licences and permits in place for their business and comply with all conditions and requirements of their registrations, licences and permits.

GASTON displays Food Hygiene Rating scores for respective Partner Restaurants that are provided by local authorities inEngland and Wales and Northern Ireland by the Food Safety Agency (“FSA”). The local authorities carry out Food Hygiene inspections on behalf of and at instructions of the FSA. Each restaurants are rated between 0 and 5 where 5 being the highest rating score given to a restaurant for their excellent food safety and hygiene procedures.

To be listed on our Website or Platform, a restaurant must receive Food Hygiene Rating of at least 2. You will be removed from our Website and Platform if your Food Hygiene Rating scores fall below 2. You will also be removed from our Website and Platform if you follow the process to improve your Food Hygiene Rating scores but fail to receive a rating of at least 2 at your subsequent local authority inspection.

The Partner Restaurants are responsible for ensuring that the products that they sell are safe and compliant with applicable law in their local jurisdiction. If you are uncertain about any legal requirements, please seek advice from an expert.

We expect our Partner Restaurants to have Food Safety procedures in place that deal with all respect of food safety and hygiene for their business in compliance with food hygiene laws and regulations including, but not limited to;

• Hazard analysis;
• Food cross-contamination procedures;
• Food intolerances and allergen procedures;
• Cleaning and safe waste disposal procedures;
• Routine / periodic maintenance;
• Hot and cold food safe storage procedures (chilling, defrosting, freezing, cooking, reheating, etc.);
• Temperature control;
• Food handling procedures (storage of uncooked and cooked food);
• Personal hygiene and fitness to work assessments;
• Pest control procedures;
• Control of hazardous substances and spillage procedures;
• Staff training procedures;
• Supplier assurance;
• Monitoring, controls and audits;
• Recall and withdrawal procedures.

REWARD TERMS

Our Reward Terms apply to all Reward Programs issued by GASTON from time to time for use on the Website, including vouchers with a credit value (“Credit Vouchers”) and promotional discount vouchers (“Discount Vouchers”) or offered together (“Vouchers”). Vouchers will also be subject to additional terms and conditions which are specific to each voucher.

It is your responsibility to read and understand the terms regarding the GASTON Reward Programs. We may update or revise these Reward Terms from time to time. You agree that you will review these Reward Terms periodically. You are free to decide whether or not to accept a modified version of these Reward Terms, but accepting these Reward Terms, as modified, is required for you to continue using the content, features, and services made available by GASTON. If you do not agree to these Reward Terms or any modified version of these Reward Terms, you must terminate your use of the services, in which case you will no longer have access to your GASTON account.

Joining GASTON Reward Program is easy. When you create your Account with us and become a GASTON member, you become eligible to be part of GASTON Reward Programs. You will find your customised rewards under “My Rewards” section of our Website or App. GASTON Reward Programs may not be available in all jurisdictions. To earn rewards, eligible registered GASTON members must first sign-in to GASTON Website or App, and order or make reservations. Eligible members can earn rewards in following ways;

• Earn Credit Vouchers and/or Discount Vouchers; and
• Collect Points when they place orders or make reservations using our Website and / or Platform.

The Vouchers are subject to our Reward Terms and will be supplemented and/or modified by, additional terms and conditions that will be specified on the Voucher or at the time the Voucher is issued.

Number of dining points are awarded to eligible member once s/he makes the payment for their orders and/or honoured their reservation and paid for the meal. If the reservation is eligible for Points, GASTON will disclose the number of Points associated with that reservation through means such as displaying the number of Points on reservation details and confirmation pages or in the reservation confirmation email.

GASTON does not award points if a member is unable, for any reason, to honour an online reservation or when a reservation is cancelled. Unless otherwise stated, reward points will not be awarded for orders or reservations for which rewards under Reward Programs are redeemed.

Your opportunities to collect points and amount of dining points collected for any orders and/or restaurant reservations or other activity may change from time to time at GASTON’s sole discretion.

Subject to the other provisions of these Reward Terms, Points will expire after 2 years from the end of the calendar day in which such dining points were collected. For example, Points collected before 01 January 2021 will expire at 11:59 pm GMT on 31 December 2022. Additionally, if a member remains inactive on GASTON App or Website for the period of 12-month period, then all of the member’s collected Points shall be forfeited.

Eligible GASTON members can redeem their Vouchers and Points in following ways;

• Credit Vouchers and Discount Vouchers issued by GASTON can be redeemed towards your qualifying orders placed online or at restaurants you have dined-in. These Vouchers are redeemable only for payments made through GASTON Website or App;
• Redeem your Points into a Credit Voucher which you can use towards your qualifying orders placed online or at restaurants after you have dined-in, at GASTON’s sole discretion, depending on the restaurant, date and time of the redemption. This Credit Voucher is redeemable only for payments made through GASTON Website or App, and may also subject to restaurant’s terms and conditions.

When you activate to redeem your Points into Credit Vouchers, you will receive an email from GASTON which contains your Credit Voucher Code (“Code”). You must use this Code within 12 months of receiving the activation email. Further following terms apply for Rewards;

• Rewards are redeemable in full (no partial redemptions) and in the same currency as the applicable issued Vouchers;
• Except to the extent required by applicable law, Reward Vouchers are not redeemable for cash;
• Resales or transfers of Vouchers are prohibited;
• Redemption of you Points into Credit Voucher is non-returnable and non-refundable;
• GASTON may add to, withdraw, limit, change or cancel any or all Reward Programs and their applicable terms in its sole discretion without notice. We are not liable for any loss or claims arising out of the refusal, rejection, cancellation or withdrawal of any Voucher or any failure or inability of a member to use a Voucher for any reason;
• GASTON may also modify the number of Points required for redemption or withdraw, limit, change, or cancel the number, value or type of rewards or redemption options offered. GASTON will make the final determination (in its sole and absolute discretion) should any disputes over Points or redemption options arise;
• GASTON reserves the right to terminate member’s account and cancel any or all collected Points if GASTON believes, in its sole discretion, that the member is abusing the GASTON Reward Program or is misrepresenting any information furnished to GASTON;
• Should GASTON offers Vouchers from or through any partners, GASTON shall not be responsible for any partner’s participation in or withdrawal from the GASTON Reward Program;
• Members are solely responsible for any tax liability related to participation in GASTON Reward Programs;
• GASTON is not responsible for any unauthorised use of Reward Vouchers or for any lost reward Codes. GASTON may, in its sole discretion, cancel and replace a lost Reward Voucher (if it is not already been redeemed) with a new one, as applicable;
• As a standard banking procedures, your bank or card issuer may authorise the full amount from your chosen payment option for your order before Voucher credits are applied. There this amount may be unavailable in your account for the period between 3 to 5 working days (or longer, depending on your bank or card issuer). 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 released by your bank or card issuer back into your available balance.

DISCLAIMER

WEBSITE INFORMATION

We will use our reasonable endeavour to ensure that information on our Website is correct, accurate and complete. We may make changes to the material on our Website and/or platform, or to the functionality, products, prices described on it at any time without notice. The material on the Website or Platform may be out of date and we make no commitment to update that material.

ALLERGY, DIETARY AND OTHER MENU INFORMATION

Keeping our communities safe is our top priority. When a restaurant signs up with GASTON, during onboarding our Partner Restaurant, they have to provide us with accurate and up to date description of menu items to be offered including any relevant allergen advice as well as dietary and other menu information. In order to ensure a great customer experience (including presenting meal options to you based on your dietary profiles), as a commercial agent to our Partner Restaurants, we may make limited and reasonable visual edits to the information provided to us under such categories.

We follow stringent food hygiene processes and rigorous Partner Restaurant onboarding standards for activating restaurants on our Website or Platform. Restaurants also have option to add menu information, including thereof, food allergens using our “Menu Engineering” feature. Restaurants can also their specific allergens declarations in Restaurant Information information based on their own risk assessments. Restaurants are legally obliged to add written notices of allergen content with each meals they prepare so that consumer can receive this information upon delivery. Restaurants are also responsible to take due care to avoid cross-contaminations at all stages in their food handling to preparation to delivery steps.

GASTON App applies filters while populating and providing meal and restaurant choices based on users’ dietary preferences, lifestyle profiles, food intolerances, food allergies, nutritional goals and other such information provided to us during user registration onto our App. We prominently signpost customers with allergies to contact Partner Restaurant to ask about ingredients and cooking methods.

GASTON Website and App and our algorithms do not constitute medical advice and should not serve as the basis for any medical decision by you or anyone else. We strongly encourage you to always seek professional advice from your doctor or dietitian for any questions relation to these.

If you have or someone you are ordering for has a concern about food allergies, intolerances or any other dietary preferences, you should always contact the restaurant direct before placing your order. Please do not use ‘leave a note for restaurant’ box for your food allergies or intolerances, instead contact our partner restaurant directly.

Restaurants must also be able to substantiate any marketing, nutrition and health claims. For example, certain descriptions and foods may be controlled by specific regulations. Use of terms such as “organic” or “gluten free” may not be used unless the food meets the relevant regulatory requirements and care must be taken when referring to foods with protected descriptions such as chocolate, meet products (sausages, burgers and pies), olive oil, wine and spirits; as well as foods with protected geographical indications (e.g. Cumberland Sausages), protected designation of origin (e.g. Stilton) or traditional speciality guaranteed (e.g. farm fresh turkey). If you are uncertain bout the use of regulated descriptions or where they may apply, please seek advice from an expert.

Partner Restaurants must provide all information about the food that they sell accurately, clearly and in an easily understandable format so that consumers can make informed food choices based on their dietary preferences, lifestyle profiles, food intolerances, food allergies, personal taste and costs. Information must not be misleading as to the food’s characteristics, nature, identity, properties, composition, quantity, durability, country of origin or method of manufacture or production.

PARTNER RESTAURANTS' ACTIONS

The legal contract for supply and purchase of products is between you and the Partner Restaurant that you place your order with. We have no control over the actions or omission of any Partner Restaurants. Without limiting the generality of the foregoing, you acknowledge and accept the followings by using our Website or Platform;

• We do not give any undertaking that the products ordered from any Partner Restaurant through the website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties;
• Estimated times for deliveries and pick-ups are provided by our Partner Restaurants and are only estimates. Neither we nor the restaurants guarantee that your orders will be delivered or will be available for pick-ups within the estimated times; and
• we encourage all our Partner Restaurants to accept most orders and to communicate any rejection promptly, and we will notify you (generally can be found under ‘My Orders’) as soon as reasonably practicable in case restaurant rejects your order. However, we do not guarantee that our Partner Restaurant will accept and fulfil all orders, and they have discretion to reject orders at any time because they are too busy, if you fail to provide proof of age for purchases of alcohol, cigarettes or other smocking products when required, due to weather conditions or any other reasons. Partner Restaurants will not be obliged to deliver an order to an address outside their set delivery radius, which may change time to time.

The foregoing disclaimers do not affect your statutory rights against any of our Partner Restaurants.

MISCELLANEOUS

PRIVACY NOTICE

We are committed to your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy.

OTHER TERMS

You should also review our Cookie Policy for information regarding how and why we use cookies to improve the quality of our Website and your use of it, our Reward Terms for information regarding the use of Credit and Discount Vouchers on our Website and/or App. All of these are incorporated into these Terms by this reference.

SEVERABILITY

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

WRITTEN COMMUNICATIONS

Applicable laws require some of the information or communications we send to you should be in writing. When using or ordering via our Website and/or Platform, 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 our Website. 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 requirements that such communications be in writing. This condition does not affect your statutory rights.

ENTIRE AGREEMENT

We provide you with access to and use of GASTON Website and 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 Website and App and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and App and your use of it, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise).

These 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.

NO WAIVER

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

ASSIGNMENT

You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these 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.

GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and constructed in accordance with English law. You can bring legal proceedings in respect of Terms in English courts. If you live in a part of the United Kingdom other than England or any other Member State of European Union, you can bring legal proceeding in respect of these Terms in either the English courts or the courts of your home country.

As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. nothing in these Terms, including paragraphs above affect your rights as a consumer to rely on such mandatory provision of local law.