Takeaway Direct terms of service

These terms apply to takeaways, restaurants, pubs, bars and other food and drink businesses ("you") that subscribe to Takeaway Direct or TableDirect (together, "the service"). Both are provided by:

Techficient Solutions Ltd trading as Takeaway Direct, a company registered in England and Wales (company number 16289934), registered office 128 City Road, London, EC1V 2NX. Email: brad@techficient.co.uk.

1. The service

Depending on your plan, the service includes a branded online ordering website and installable web app for collection and delivery, QR-code table ordering, an admin portal, kitchen and bar order screens, receipt printing, offers, reports and related tools. Features are described on our websites and may be improved over time. We will give you reasonable notice of changes that materially reduce the service.

2. Fees

• A monthly subscription for your plan and, where your plan includes one, a one-off setup fee, as shown when you subscribe or as agreed in your quote.
• Fees are charged in advance by card through Stripe. The setup fee is included in your first payment. Prices exclude VAT, which is added where applicable.
• We do not charge commission on your orders.
• Card processing fees on your customers' payments are charged to you directly by Stripe under your agreement with Stripe, not by us.
• Optional extras (such as text messages above your allowance) are charged as agreed with you.

3. Term and cancellation

Your subscription runs month to month. Either party may cancel with 30 days' written notice; you can also manage or cancel your subscription from the Billing page. We may suspend the service if fees are more than 14 days overdue, after giving you notice. On cancellation you can request an export of your menu, order and customer data within 30 days.

4. Taking card payments (Stripe)

• Card, Apple Pay and Google Pay payments from your customers are made to your own Stripe account, which you open and connect from the Payments page. Stripe pays the money out to your bank account. We never receive or hold your customers' payments.
• Your Stripe account is subject to Stripe's own terms, including the Stripe Connected Account Agreement and the Stripe Services Agreement. By connecting Stripe you agree to those terms and allow us to create payments, refunds and related records on your account so the service can work.
• You are the seller. You are responsible for your refunds, chargebacks and disputes, and for any Stripe fees, holds or negative balances on your account.
• Customers can also choose to pay you in person (for example at the till) where you allow it. Recording those payments in the service is your responsibility.

5. Your responsibilities

• Keeping your menu, prices, opening hours, delivery areas, table set-up and allergen information accurate.
• Fulfilling orders, handling customer complaints and refunds, and complying with food safety, food information (allergen), consumer, licensing and trading standards law.
• Selling alcohol only where you are licensed to, and checking the age of anyone who appears to be under 25 before serving alcohol ordered through the service (the service flags these orders, but checking ID is your responsibility).
• Passing tips and service charges collected through the service to your workers in full, and keeping the records required by the Employment (Allocation of Tips) Act 2023. Labelling any service charge accurately (for example as discretionary where customers can remove it).
• Looking after the QR codes on your tables and replacing any that are lost or misused (you can issue a new code for any table from the Tables page).
• Keeping staff logins secure and removing access for staff who leave.
• Having a lawful basis for any marketing you send to your customers.

6. Customer data

You are the data controller for your customers' personal data; we process it on your behalf as a data processor, in line with our privacy policy and the data processing terms in Schedule 1 below. Stripe processes card details directly and acts as an independent controller for payment data under its own privacy policy.

7. Availability and support

We aim for high availability but do not guarantee the service will be uninterrupted. We rely on third-party hosting, payment, email and text-message providers. Support is available by email during UK business hours, with best-efforts help for urgent issues during trading hours.

8. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or anything that cannot be limited by law. Otherwise, our total liability in any 12-month period is limited to the fees you paid us in that period, and we are not liable for loss of profits, revenue, or goodwill, or for indirect losses. We are not responsible for payments, payouts, holds or disputes on your Stripe account.

9. General

These terms are governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction.

Schedule 1 — Data processing terms

• We process customer personal data only on your documented instructions (as set by your use of the service) and for the purpose of providing the service.
• Our staff with access are bound by confidentiality.
• We apply appropriate technical and organisational security measures, including access controls that keep each business's data separate.
• We use the sub-processors listed in our privacy policy and will tell you before adding new ones.
• We will help you respond to data subject requests and notify you without undue delay of a personal data breach affecting your data.
• On termination we will delete or return your data, unless the law requires us to keep it.