Terms & Conditions
This document sets out the terms and conditions (“terms”) on which get down to business limited trading as ‘get lunched’ supplies the services (“services”) and deals (“deals”) offered on its website www.Get lunched.Com (“website”) or through the get lunched app (“app”).
Please read these terms and conditions carefully before committing to buy or make use of any of the services or deals offered on the website or app. You acknowledge that by registering on the website or through the app, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you will not be able to register on the website or app or to make use of any of the services or deals offered by get lunched.
You are advised to print and retain a copy of these terms and conditions for your future reference. These terms and conditions may be subject to change from time to time, and accordingly you are advised to refer back to these terms and conditions before registering on the website or through the app.
The General Provisions under Section A of these Terms shall have general application to all Users (defined below) of the Website and/or App. Section B applies to Registered Users (defined below) in addition to the General Provisions set out in Section A. Section C applies to Registered Users who are Full Members (defined below) and Pay-Per-Connection Members (defined below), in addition to the General Provisions in Section A and the Registered Users provisions in Section B.
The Website and App is owned and managed, operated and maintained by Get Down To Business Limited, a company registered in England and Wales with company registration number 07611590, and having its registered address at 2/14 Westbourne Terrace, London W2 3UW. The Website and App is operated under the trading name Get Lunched (“Get Lunched”).1.2
The Website and App is an online introductions and networking facility. You can access the Website and App either as a visitor (“Visitor”) or by becoming a registered user (“Registered User”) (such Registered Users to include both pay-per-connection members (“Pay-Per-Connection Member”) and full members (“Full Member”) (hereafter collectively referred to as “Users").1.3
Get Lunched shall be entitled at its own discretion to suspend the Website or App for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Website or App, including but not limited to preventing you from purchasing any Deals or using any of the Services available on the Website or App.1.4
Get Lunched reserves the right to make any changes to the Website or App including any functionalities and content therein or to discontinue any aspect of the same without notice to you.1.5
Get Lunched relies on third party providers (such as network providers, data centres and telecommunications providers) to make the Website and App and the content therein and the Services available to you. Whilst Get Lunched takes all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that Get Lunched does not warrant that the Website and App shall be uninterrupted or fault-free at all times. Get Lunched therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services and/or Website or App attributable to Get Lunched’s service providers.1.6
Get Lunched may be contacted by email at firstname.lastname@example.org
By registering your details with Get Lunched, you warrant that:
2.1.1. you are legally capable of entering into binding contracts;
2.1.2. you are at least 18 years old; and
2.1.3. you are not in any way prohibited by the applicable law in the jurisdiction in which you are currently located from entering into these Terms for the use and/or purchase of the Services and/or Deals.2.2
The Services and Deals offered by Get Lunched are only available in the United Kingdom. Accordingly, you acknowledge and agree that if you are based outside the United Kingdom you will not be able to make use of the Deals and Services unless you visit the United Kingdom to do so.2.3
As a Visitor to the Website or App, you acknowledge and agree that your access will be limited to certain aspects of the Services. In order to gain access to all the Services offered by Get Lunched you will need to become a Registered User.
You agree that you are solely responsible and liable for all activities carried out by your use of the Website and/or App.3.2
Get Lunched relies on the use of GPS services in providing the Services. You therefore acknowledge and agree that where your access to the Website or App is through a device with GPS enabled, Get Lunched will track your physical location in order to provide you with certain of the Services on the Website or App. If you do not agree to Get Lunched’s use of GPS in this way, please do not use the Website or App or the Services. Further, you acknowledge that if you do not enable GPS, certain aspects of the Get Lunched Website and/or App will not be available.3.3
If you feel that any information, reviews, comments, images, third party URL links or other materials whatsoever in any format which have been submitted to the Website or App by any other User (“User Submission“) are objectionable, please contact Get Lunched using the contact details set out on the Website or App. Get Lunched shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any at all.3.4
In the event that you have a dispute with any other User of the Website or App, you hereby release Get Lunched from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
Get Lunched may be accessed through the Website URL (www.Get Lunched.com) or via mobile Apps for Apple, Blackberry and Android operating systems.4.2
Where you are accessing Get Lunched’s Services through an App, Get Lunched hereby grants you a non-exclusive, non-transferable, revocable licence to use the Services through the App you download, subject to the provisions of these Terms and in particular subject to clause 4.3 below.4.3
Where you access the Services through an App, you warrant that you are doing so on a device owned and controlled by you.4.4
Where you access the Services through an App, you acknowledge and agree that:
4.4.1. Get Lunched is in no way linked, connected or affiliated with Apple, Blackberry or Android;
4.4.2. access to and use of the Get Lunched App may be limited by your network carrier and will be limited if you are attempting to access the App from outside the United Kingdom;
4.4.3. neither your airtime provider nor any App kiosk or kiosk operator (including but not limited to Research in Motion Limited, Blackberry App World, Android Market and App Store) shall bear any responsibility or liability whatsoever in relation to sale, distribution, functionality, accessibility, performance or non-performance of the App;
4.4.4. your airtime provider and any App kiosk or kiosk operator (including but not limited to Research in Motion Limited, Blackberry App World, Android Market and App Store) are third party beneficiaries in respect of this clause 4 and accordingly have the right to enforce the provisions of this clause 4;
4.4.5. Get Lunched is solely responsible for providing any support and maintenance in respect of the App; and
4.4.6. you will comply with any applicable third party terms and conditions in your use of the App.4.5
4.5. Further, where you access the Services via an App obtained from the Apple ‘AppStore’, you acknowledge and agree that:
4.5.1. You are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a ‘terrorist supporting’ country;
4.5.2. you are not listed on any US Government list of prohibited or restricted parties;
4.5.3. these Terms are concluded between you and Get Lunched and accordingly Apple is not a party to these Terms;
4.5.4. Apple has no obligation to provide any maintenance and support services in respect of the App;
4.5.5. if the App fails to conform to any warranty herein, you may notify Apple following which Apple will refund you the purchase price paid (where applicable) for the App (if any). Apple will have no further liability whatsoever in respect of any such failure;
4.5.6. Apple has no responsibility to address any claims by you or any third party whatsoever with respect to the App;
4.5.7. Apple shall not be responsible for any claims made by any third party that the App infringes any third party intellectual property rights; and
4.5.8. ‘AppStore’ and ‘Apple’ are trade marks of Apple Inc,.
You acknowledge and agree that where the Website or App includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not endorsed by Get Lunched and to the maximum extent permitted by law, Get Lunched excludes all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.5.2
Submission, or other information made available to you through your use of the Services and/or the Website or App. Consequently, Get Lunched does not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any User Submission or any other information made available to you through your use of the Website or App and/or Services. Get Lunched advises you not to rely on it to assist in making or refraining from making a decision, or to assist in deciding on a course or specific cause of action. If you so intend to use and/or rely upon any User Submission or any other information made available to you through your use of the Website or App and/or Services, you do so at your own risk and liability.5.3
Subject to clause 5.4, Get Lunched shall not be liable for losses that result from its failure to comply with these Terms that fall into the following categories:
5.3.1. consequential, indirect or special losses;
5.3.2. loss of profits, income or revenue;
5.3.3. loss of savings or anticipated savings, interest or production;
5.3.4. loss of business or business benefits;
5.3.5. loss of contracts;
5.3.6. loss of opportunity or expectations;
5.3.7. loss of goodwill and/or reputation;
5.3.8. loss of marketing and/or public relations time and/or opportunities;
5.3.9. loss of data; or
5.3.10. loss of management or office time
or any loss arising other than from Get Lunched’s failure to comply with these Terms howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.5.4
Nothing in these Terms excludes or limits Get Lunched’s liability for:
5.4.1. death or personal injury caused by its negligence;
5.4.2. fraud or fraudulent misrepresentation; or
5.4.3. any other matter for which it would be illegal for Get Lunched to exclude or attempt to exclude its liability.5.5
Commentary and other materials posted on the Website or App or provided by Get Lunched are not intended to amount to advice on which reliance should be placed. Get Lunched therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any User of the Website or App, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by Get Lunched shall remain solely with you.
Get Lunched and its licensors own all patents, trade marks (whether registrable or non-registrable), designs, rights in database, rights in software (including without limitation the source and object code), copyright and all proprietary rights (“Intellectual Property Rights”) relating to the Website or App, Deals and Services.6.2
You are expressly prohibited from:
6.2.1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website or App; and
6.2.2. removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by Get Lunched or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Get Lunched or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to Get Lunched.
Get Lunched shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).8.2
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Get Lunched’s reasonable control and includes in particular (without limitation) the following:
8.2.1. strikes, lock-outs or other industrial action;
8.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
8.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
8.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
8.2.5. impossibility of the use of public or private telecommunications networks; and
8.2.6. the acts, decrees, legislation, regulations or restrictions of any government.8.3
Get Lunched’s performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and Get Lunched shall have an extension of time for performance for the duration of that period. Get Lunched will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms may be performed despite the Force Majeure Event.
If you have reason to believe that any of the terms herein have been breached or you have a complaint to make, please email Get Lunched at: email@example.com All notifications and communications to Get Lunched should be sent to the contact details provided herein.
If Get Lunched fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.10.2
No waiver by Get Lunched of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.10.3
A waiver by Get Lunched of any default shall not constitute a waiver of any subsequent default.10.4
For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.10.5
Get Lunched reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these Terms.10.6
If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent then such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.10.7
These Terms and any document expressly referred to in them represent the entire agreement between you and Get Lunched in respect of your use of the Website or App and your purchase and use of the Deals and/or Services, and shall supersede any prior agreement, understanding or arrangement between you and Get Lunched, whether oral or in writing.10.8
You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the Website or App, the internet or in negotiation between you and Get Lunched except as expressly set out in these Terms.10.9
Get Lunched reserves the right to amend these Terms without notice to you, subject always that such amendments shall not be applicable to Deals already purchased by Registered Users.10.10
These Terms are governed by and construed in accordance with English law. The Courts of England and Wales shall have exclusive jurisdiction over any disputes arising out of these Terms.
In order to purchase any of the Deals and/or make use of the Services offered on the Website or App you will need to become a Registered User. In order to become a Registered User you will need to complete the online registration form made available to you on the Website or App, including providing a username and password and setting up a profile (“Profile”). For the avoidance of doubt, certain Services on the Website and App will only be available to Pay-Per-Connection Members and Full Members, as more specifically detailed in Section C below. Further, Get Lunched reserves the right to offer certain Deals only to Pay-Per-Connection Members and Full Members.B1.2
By completing the online registration form you consent to Get Lunched conducting verification and security procedures in respect of the information provided by you in such online registration form.B1.3
You hereby warrant that the information you provide to Get Lunched is true, accurate and correct. You further warrant that you shall promptly notify Get Lunched in the event of any changes to such information.B1.4
You shall keep your username and password for the Website and/or App (“Login Details”) confidential and secure. Without prejudice to the other rights and remedies of Get Lunched, Get Lunched reserves the right to promptly disable your Login Details and suspend your access to the Services and/or the Website and/or App in the event that Get Lunched has any reason to believe that you have breached any of the provisions herein.B1.5
You must promptly notify Get Lunched in the event that there is any actual or suspected breach of security or any unauthorised use or attempted use of your Login Details. Get Lunched may be contacted by email at firstname.lastname@example.orgB1.6
You agree that at all times, you shall:
B1.6.1 not use your Login Details with the intent of impersonating another person;
B1.6.2 not allow any other person to use your Login Details;
B1.6.3 not use the information presented on the Website or App or derived from the Services for any purposes other than those expressly set out in these Terms;
B1.6.4 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or App or in respect of the network;
B1.6.5 not use the Website or App, the content therein and/or do anything that will infringe the Intellectual Property Rights or any other rights of any third parties;
B1.6.6 not use any information obtained using the Services and the Website or App otherwise than in accordance with these Terms;
B1.6.7 comply with all instructions and policies from Get Lunched from time to time in respect of the Services and the Website or App;
B1.6.8 co-operate with any reasonable security or other checks or requests for information made by Get Lunched from time to time; and
B1.6.9 use the information made available to you on the Website and/or App and through the Services at your own risk.B1.6
Subject to any additional obligations that may apply to you under Section C below, you may terminate your registration at any time by requesting such termination in writing to Get Lunched at email@example.com
In order to purchase a Deal, you will need to view the Deal information on the specific Deal page. Such Deal page will display, amongst other things, the number of the particular Deal available for purchase, the length of time for which the Deal will be available for purchase, and the price (“Price”) of the Deal.B2.2
By clicking on ‘Purchase Deal’ you are expressing your interest in purchasing the Deal, and you will be redirected to a payment page in order to make payment for the Deal.B2.3
By making payment and clicking ‘Pay Now’ you are committing to purchase the Deal at the advertised Price. After purchasing a Deal you will be sent an email confirmation of your purchase (“Deal Confirmation Email”).B2.4
Your contract with Get Lunched (“Contract”) shall be formed at the time that you receive a Deal Confirmation Email from Get Lunched.B2.5
By purchasing a Deal, you will receive a voucher (“Voucher”) for use at a particular provider. Upon receipt of payment of the Price by Get Lunched, you shall be sent the Voucher for the Deal you have purchased. The Voucher shall be sent to you via the method of receipt you have chosen.B2.6
In order to use the Voucher, you must present such Voucher to the relevant provider within the time and date stipulations set out on the Voucher.
You shall not submit to appear on the Website and/or App through your use of the Services, whether within your personal Profile or elsewhere on the Website and/or App, any User Submissions that in Get Lunched’s reasonable opinion may be deemed to be offensive, illegal, inappropriate or that in any way:
B3.1.1 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
B3.1.2 harass or advocate harassment of another person;
B3.1.3 display pornographic or sexually explicit material;
B3.1.4 promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
B3.1.5 promote any illegal activities;
B3.1.6 provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
B3.1.7 promote or contain information that you know or believe to be inaccurate, false or misleading;
B3.1.8 engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of Get Lunched; or
B3.1.9 infringe any rights of any third party.B3.2
You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the Website and/or App whether or not the submission of such User Submission is part of the Services. You agree that Get Lunched may, at its sole discretion, choose to display or to remove any User Submission or any part of the same that you make on the Website and/or App, and you hereby grant to Get Lunched a non-exclusive, perpetual, irrevocable, worldwide licence to do so.B3.3
You agree that you shall contact Get Lunched at firstname.lastname@example.org if you consider any User Submission posted by another User to breach any of the Terms herein.
You warrant and represent that you own or are licensed to use any and all Intellectual Property Rights in all User Submissions that you make to the Website and/or App as part of your use of the Services.B4.2
You hereby grant to Get Lunched a non-exclusive, irrevocable licence to make the User Submissions available to other Users of the Website and/or App.B4.3
Provided that Get Lunched is unaware of any infringement of any third party Intellectual Property Rights at the time you submit any User Submissions, Get Lunched shall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you or Get Lunched.
You acknowledge and agree that you shall only be entitled to cancel a Contract where you have not yet taken advantage of the Deal you have purchased by using the Voucher sent to you.B5.2
Subject to Clauses B5.1 and B5.5, you may cancel your Contract at any time within seven (7) days of the day after the day you receive your Deal Confirmation Email (“Cooling Off Period”).B5.3
To cancel your Contract, you will be required to notify Get Lunched of your intention to cancel in writing at any time within the Cooling Off Period.B5.4
If you cancel your Contract in accordance with this Clause B5, Get Lunched shall refund you the Price you have paid under the Contract within thirty (30) days of your notification to cancel.B5.5
You understand and agree that if you fail to comply with Clause B5.1 and B5.3, Get Lunched shall be entitled to refuse your request to cancel and shall not be required to refund you the Price you paid to Get Lunched for the relevant Contract.B5.6
Once Get Lunched receives notification of your intention to cancel, Get Lunched shall invalidate the Voucher provided to you for the Deal you have purchased and you will no longer be able to make use of the relevant Voucher.
Subject to clause 5.4 of Section A, if Get Lunched fails to comply with these Terms, Get Lunched shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations hereunder. If Get Lunched’s failure to comply with its obligations is not remedied as in this clause B6.1, then Get Lunched’s total liability for all losses, damages, costs, claims and expenses howsoever arising shall be limited:
B6.1.1 where the failure relates to a particular Deal, to the total paid by you for the Deal to which such failure relates; or
B6.1.2 where the failure relates to any other aspect of the Services, to the total fees paid by you for your use of the Services in the 6 months prior to the date on which such failure relates.B6.2
Get Lunched does not in any way participate nor shall it be liable in any way for whatever reason for any communication, transaction, meet-up, set-up or relationship between you and other Users or Registered Users. Get Lunched therefore recommends that you take all available safety precautions when contacting, socialising and engaging in social gatherings or meetings with other Users or Registered Users.
By becoming a Pay-Per-Connection Member or Full Member, in addition to being able to purchase any of the Deals offered on the Website and/or App, you will have the ability to make connections (“Connections”) with other Users of Get Lunched and to contact such Users through Get Lunched’s networking facility.C1.2
As a Pay-Per-Connection Member, you will be able to purchase single Connections with other Registered Users of the Website and/or App.C1.3
As a Full Member, you will be able to make use of all the Services and make unlimited Connections with other Registered Users.
C2.1.1 To become a Pay-Per-Connection Member, you will be required to select ‘Purchase Connection’. You will then be directed to a payment page and will be required to enter your payment details.
C2.1.2 By clicking ‘Buy deal’ you are expressing your intention to purchase a Connection.
C2.1.3 Your contract (“Contract”) with Get Lunched shall be formed at the time that you receive a confirmation email confirming your connection purchase (“Connection Purchase Email”).C1.2
C2.2.1 To become a Full Member. You will be directed to a payment page and will be required to input your payment details.
C2.2.2 By clicking ‘Buy deal’ you are expressing your intention to purchase a subscription for the period you have selected.
C2.2.3 Your contract with Get Lunched shall be formed at the time that you receive an email confirming your subscription (“Subscription Confirmation Email”).
You acknowledge and agree that you shall only be entitled to cancel your Contract if you have not made any Connections since the date of your Connection Purchase Email or Subscription Confirmation Email.C3.2
Subject to Clause C3.1 and C3.4:
C3.2.1 where you are a Pay-Per-Connection Member you may cancel your Contract at any time within seven (7) days of the day after the date of your Connection Purchase Email; and
C3.2.2 where you are a Full Member, you may cancel your Contract at any time within seven (7) days of the day after the date of your Subscription Confirmation Email;C3.3
To cancel your Contract, you will be required to notify Get Lunched of such intention in writing at any time within the relevant period as set out in Clause C3.2 above.C3.4
If you cancel your Contract in accordance with this Clause C3, Get Lunched shall refund you the price you have paid for the Contract within thirty (30) days of your notification to cancel.C3.5
You understand and agree that if you fail to comply with Clause C3.1 and C3.3, Get Lunched shall be entitled to refuse your request to cancel and shall not be required to refund you the price you paid to Get Lunched for the cancelled Contract.