Extro - Terms and Condition

The terms and conditions ("App Terms") under which Extro Technologies Ltd. ("we," "our," or "Extro") provides access to our App, as well as our website https://www.Extro.io. Before placing any orders for anything through the App, please carefully read the following terms. You consent to be legally bound by these App Terms by placing an order for goods through the App (now or in the future).

We retain the right to periodically update this page with changes to the App Terms. For your convenience, we suggest printing a copy of these App terms.

Use of your personal information submitted via the App is governed by our Privacy Notice.

You acknowledge that you accept these App Terms by accessing any area of the App. You should quit the App right away if you disagree with these terms because you won't be able to place any orders through the App.

I. TERMS AND CONDITIONS OF USE AND SALE

1. ABOUT US

1.1. Information about the company: Extro is a business with registered company number 04656315 in England and Wales.

1.2. The VAT number assigned to us is GB 424588085.

1.3. Product Orders: We give you a mechanism to contact takeaway partners, pubs, or events in the UK ("Partner" or "Partners") listed on the App with your orders for products ("Order" or "Orders"). We shall always act as an agent in facilitating the sale of the Products between you and our Partners. However, the legal contract for the supply and purchase of the Products is between you and the Partner with whom you place your Order.

2. APP ACCESS AND TERMS

2.1 You must create a Extro account before you can order items through our App. When you open an account, you might be required to provide your credit card information as well as create a password or another secure login mechanism. You must keep any password you choose or other secure login information private and restrict access to your email and mobile devices. You are responsible for paying for any items that someone else orders using these ways to access your account, and we are not liable for any additional losses you incur, unless the person using your password was able to do so because we failed to maintain it secure.

You can request to close your account at any time by visiting our App in the "your account" area, or by contacting us at the numbers listed above. If we think someone else has been using your account, we may restrict your access to it or close it completely. If we believe you are misusing our service, we may also terminate your account (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason).

Acceptance of the terms: You acknowledge that you accept these App Terms by accessing any area of the App. You must leave the App right now and won't be allowed to place any orders if you don't accept these products through the App.

2.3. We reserve the right to make changes to these App conditions at any time. Because they are legally binding on you, you should frequently check the App to verify the most recent App Terms. When you place an Order with us, you will be bound by the terms and conditions in effect at that time.

2.4. Making all necessary preparations so that you can access the App is your responsibility. You are also in charge of making sure that anyone using your Internet connection to visit the App is aware of and abides by these App Terms.

2.5. You confirm that all of the information you give us—including our customer care team—is true and accurate at all times and in all respects.

3. ORDERS

To access our App, you must be at least 18 years old. You certify that you are at least 18 years old by submitting an order through our App. Your order won't be verified until it has been accepted by us or the Partner after you place it on our App. If we approve your order, we will notify you by email. When we deliver the Confirmation Notice, a contract for the supply of any item you have ordered is established. Even if you ordered the item for someone else, you are still liable for paying for it and adhering to these Terms for all items placed through your account. A minimum order value policy is followed by some Partners. The information will be shown on our App. All Items are subject to availability. In the preparation of some Items, Partners may employ nuts or other allergens. In some cases Partners will list the allergies in each dish individually. If that information is unavailable or you have more queries, please get in touch with the Partner before placing your order if you have a food allergy. Extro is unable to guarantee the allergen-free status of any of the Items sold by our Partners.

4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED

4.1. Putting together your Order: You will have the option to submit your Order by clicking or selecting the "check out", "pay," or comparable button once you have chosen the Products you desire to order from the menu of your preferred Partner and completed the other necessary information. It is vital that you review all the information that you input and fix any errors before clicking or selecting this button; once you do so you will be entering into a contract with the Partner and errors cannot be remedied (subject to paragraph 4.2. below) (subject to paragraph 4.2. below).

4.2. Your Order cannot be changed or canceled once it has been submitted and confirmed by the restaurant. You also won't be eligible for a refund once your Order has been confirmed (please refer to paragraphs 4.4 and 5.6 for details of the process relating to rejected Orders and refunding of payment). You can get in touch with our Customer Care staff as stated in paragraph 6.3, and they will make an effort to get in touch with the Partner on your behalf. There is, however, no assurance that we will be successful in contacting the Partner or that the Partner would consent to your requests as they may have already started processing your Order.

4.3. Payment authorisation: Your Order will not be processed or forwarded to the relevant Partner if any payment you make is not authorised.

4.4. Processing your order and Partner rejections: After receiving your order, we'll forward it to the appropriate Partner and give you a push notification or an email to let you know that it's been received and is being handled. Please keep in mind that while any confirmation page you may see on the App and any order confirmation email you may receive each confirm that you and a Partner have a contract for the sale of Products, they do not always imply that the Partner will fulfil your Order. We encourage all of our Partners to accept all Orders and to swiftly communicate any rejections. If a Partner rejects your Order, we will contact you (often by email) as soon as it is practical. Partners, however, possess the capacity to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. In doing so, Partners will be in breach of their agreement with you and any payment made in respect of the order will be returned to you in accordance.

4.5. Commercial agency: For the avoidance of doubt, any orders processed by Extro through the App are processed by Extro in its capacity as agent of the relevant Partner.

5. PRICE AND PAYMENT

Prices including VAT. You certify that you are making personal, non-commercial use of our service. Extro occasionally uses dynamic pricing, which means that while you are browsing, prices of Items could vary. Additionally, prices are subject to change at any time at the Partner's discretion. Existing confirmed orders won't be impacted by modifications unless there is an obvious pricing mistake. Any orders that are already being processed and showing up in your basket will not be impacted by price changes, so long as you finish the order within two hours of adding it to your basket. You will be given the option to confirm the transaction at the original price or to cancel it without penalty and receive a full refund of any money previously paid if there is an obvious pricing error.

The checkout page on our App will list the total cost of your order, which includes the pricing of the Items as well as any applicable Service Fees and taxes.

On our Application, you can use a credit card, debit card, or another payment method Extro has made available to pay for all Items. Your credit or debit card will be authorised and the entire amount will be marked for payment once your order has been confirmed. Payment is made directly to Extro, who is acting as the Partner's exclusive agent. Vouchers and account credit are other payment options. These must be used in accordance with Extro's account credit and voucher policies.

Payment of the price of any Items to us will satisfy your responsibility to pay the price to the Partner because we are authorised by our Partners to take payment on their behalf.

On occasion, unique deals from partners are accessible on our App. When you look at a Partner menu, these are apparent. The Partner may accept or reject these offers. If you haven't previously placed an order based on the offer and we haven't delivered the Confirmation Notice, the offer can be discontinued at any time unless the conditions of the offer specify a set or minimum amount of time for which it must be made available.

6. PICK UP

The Partner will inform you of the time your Items are anticipated to be ready for pick-up when you place a Pick-up Order and the Partner accepts it. Neither we nor our Partners provide any guarantees regarding the Pick-up Time. At the Pick-up Location, you must pick up your Items straight from the Partner. To pick up your Items, you must show up at the Partner's location at or just before the Pick-up Time. After the Pick-up Time, Our Partners will hold your items for you for 30 minutes. The Partner may dispose of your items if you don't pick them up within 30 minutes of the Pick-up Time. You will still be charged for the Item in the event you fail to pick-up your Item from the Partner.

7. DISCOUNT VOUCHERS

7.1.1 All vouchers given by Extro from time to time for use on the App, including vouchers with a credit value and promotional discount coupons, shall be subject to the following general terms and conditions. Additional terms and conditions that will be stated on the voucher or at the time the voucher is provided will also apply to individual vouchers and will supplement and/or modify the general voucher terms. Only online Orders from Partners made through the App are eligible for redemption of vouchers.

7.1.2. If a voucher is not used by the deadline, it will expire. Vouchers must be applied to a registered Extro online customer account voucher and/or at the moment the voucher is granted by entering the appropriate voucher code. The client account will be credited with the appropriate amount if the Voucher is applied before the expiration date. Any credit must be utilised within 90 days of the day the voucher is granted, unless further stated or indicated in the specific voucher terms.

7.1.3. No change or cash will be issued if the order value is less than the Voucher value that has been credited to the customer account. Any remaining balance, however, will be kept as a credit in the customer's account and may be used to place future transactions.

7.1.4 If the order value exceeds the amount of the voucher that has been deposited to the customer account, the difference must be paid in full online with a debit or credit card.

7.1.5 Vouchers can only be used once. The Voucher Code will become invalid after it has been used, whether it was authorised or not. Recipients of vouchers are in charge of making sure their voucher codes aren't misused.

7.1.6. Discount vouchers must be used by the deadline noted on the voucher, as well as at the moment it is granted, by entering the appropriate voucher code, and they become invalid after that date.

7.2. A Voucher's original recipient is the only person with the right to use it; it cannot be shared. Without our prior written consent, no Voucher may be copied, duplicated, distributed, or published directly or indirectly for use by anyone other than the original recipient or stored in a data retrieval system. In particular, Vouchers disseminated or circulated without our written consent, such as on a message board on the internet or a App dedicated to "bargains," are not valid for use and may be rejected or revoked.

7.2.1. If nothing more is stated or agreed to in the Specific Voucher Terms:

7.3. Vouchers cannot be used with other vouchers, discounts, or special offers that may be offered or publicised sometimes;

7.3.1 Each voucher may only be used once per recipient;

When using a voucher, you represent to us that you are its authorised user and that you are using the voucher in line with these conditions, lawfully, legally, and in good faith. We have the right to refuse or cancel a Voucher if, in our sole discretion, we feel that it has been used in violation of these terms, illegally or in bad faith.

7.4 It is not permitted to exchange vouchers for cash.

7.5. Whatever loss or claim made by a customer due to the denial, rejection, cancellation, or withdrawal of a voucher or the failure or incapacity of a customer or household to use a voucher for any reason shall not subject us to liability.

7.6. We retain the right, at any time and at our sole discretion, to add to or modify these terms and conditions for the use of Vouchers or to change or discontinue a Voucher's operation at any time without prior notice.

7.7. All current standard terms and conditions for using the App and the service are applicable.

8. Stamp Cards

8.1 For each online paid Order placed by a logged-in Extro Customer with a Participating Partner, a Stamp Card—a partner-specific Stamp—is given. The programme entitles you to collect Stamps from Participating Partners on a Stamp Card, which when complete results in a Stamp Card Discount or free gift that can be redeemed with an Order from that Participating Partner.

8.1.1. By placing an Order with a Partner, you consent that these StampCard Terms and Conditions shall govern the contractual relationship between you and Extro as well as any further contractual relationships you may establish with one or more Participating Partners.

8.1.3. Not all Partners on the App are participating in the Stamp Card Programme, and each Partner has the exclusive choice to participate or not.

8.1.4. Unless they expressly differ from these StampCard Terms and Conditions, the App Terms and Conditions continue to apply to your dealings with Extro. Then, these terms will apply instead.

8.2. There is no monetary or currency value to stamps or StampCard Discounts, and they cannot be exchanged for cash.

Stamps are only given to you by a Participating Partner, according to clause 8.2.1.

8.2.2 Extro, who publishes the StampCard Programme on its App, is the only technical provider of the StampCard Programme.

8.2.3. For each online paid Order you place with a Participating Partner, you will automatically obtain 1 Stamp.

8.2.4. Your account will allow you to view your current Stamps immediately on the App.

8.2.5. Stamps lose their validity 1 year after they are granted to you.

8.2.6. You must notify Extro's customer care of any errors in collected Stamps within a month of becoming aware of them.

8.2.7. Extro reserves the right to: a. correct any Stamps that were unfairly or inaccurately given; b. correct any Stamps that were awarded while the Order and/or payment thereof were cancelled; and c. void any StampCard Discounts that are used in conjunction with such Stamps.

8.3. A Stamp Card Discount can only be redeemed with an Order with the Participating Partner from which the Stamps were received.

8.3.1. The Stamp Card Discount can only be used in conjunction with an online payment;

8.3.2. It can only be used for Orders whose value is equal to or greater than the Stamp Card Discount; and 8.3.4.

8.3.3. The StampCard Discount can be used for purchases up to 90 days after it was first given out.

8.4 Extro reserves the right, at any time, and without previous notice, to modify these Stamp Card Terms and Conditions as well as any other feature of the Stamp Card Programme, including rewards and redemption policies. For example, this includes, but is not limited to: adding, deleting, or changing time limits for collection or redemption or use of Stamps or Stamp Card Discounts. Extro will publish the amended Stamp Card Terms and Conditions on the App.

8.4.1 Any modifications to these Stamp Card Terms and Conditions are considered accepted by you if you continue to participate in the Stamp Card programme after they are made.

8.4.2 Extro retains the right to halt the Stamp Card Program at any moment and without warning. If the Stamp Card Program is terminated, you are no longer able to collect stamps.

8.4.3. Without giving you any notice, a Participating Partner is free to stop taking part in the Stamp Card Program at any time. You are no longer able to obtain Stamps from a Participating Partner after their termination. The Stamp Card Discounts from that Partner are still good until the time they expire, though.

8.4.4 The App may be abandoned by a Participating Partner. If a Participating Partner is removed from the App, you will no longer be able to purchase Stamps from that Partner and any remaining Stamp Card Discounts will be forfeited.

8.4.5 In the event of a (suspected) violation of the App Terms and Conditions or these StampCard Terms and Conditions, Extro has the right to prevent you from collecting Stamps or to suspend your ability to do so.

9. USER MATERIAL AND REVIEWS

9.1. General:

• 9.1.1. All information you post, upload, transmit, or upload to the App will be deemed non-confidential and non-proprietary, with the exception of personally identifying information, which is governed by our Privacy Notice. You represent and warrant that you own or otherwise control all of the rights to any Visitor Material you post, upload, or transmit. You acknowledge and agree that we will not be subject to any obligations with respect to any Visitor Material and that we and those we designate will be free to copy, disclose, distribute, incorporate, and otherwise use any Visitor Material and all data, text, images, sounds, and other things embodied therein for any and all purposes, whether personal, commercial, or otherwise.

• 9.1.2. You guarantee that any visitor material you post, upload, or transmit complies with all conditions outlined in paragraphs 9.2 through 9.3 below.

9.2. Visitor Material Policy: It is against the law for you to post, upload, or transmit any Visitor Material (including any Reviews) to or from the App if it:

9.2.1. violates any local, national, or international law;

9.2.2. is illegal or fraudulent;

9.2.3. consists of unlicensed advertising; or

9.2.4. contains viruses or other harmful software.

9.3 Visitor Reviews Policy: Specifically (but not only), any reviews you submit through the App must not:

• 9.3.1. contain any defamatory, obscene or offensive material;

• 9.3.2. promote violence or discrimination;

• 9.3.3. infringe the intellectual property rights of another person;

• 9.3.4. breach any legal duty owed to a third party (such as a duty of confidence);

• 9.3.5. promote illegal activity or invade another\'s privacy;

• 9.3.6. give the impression that they originate from us; or

• 9.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.

9.6. Photographs: Any food-related images presented on the App are merely for aesthetic purposes and are not necessarily (a) a representation of the food you will receive from a Partner, (b) an image of food prepared or produced by the Partner from which you choose to order.

9.7. Liability: You acknowledge that by providing any Reviews or other Visitor Material in violation of any of the representations and warranties, agreements, or restrictions outlined in this paragraph 9, you may expose us to liability and agree to hold us harmless from any losses, damages, and claims (and all associated costs) incurred by or made against us by a Partner or any other third party.

9.8. Disclosure to authorities and courts: You agree that we will cooperate fully with any competent authority that asks or directs us to reveal the identity or whereabouts of anyone posting any Reviews or other visitor material in violation of paragraph 9.2 or 9.3 or any other applicable restriction, and you release us from all liability in connection with such disclosure to the fullest extent permitted by law.

10. LINKS TO AND FROM OTHER APPS

10.1. Apps operated by third parties: The App contains links to other Apps only as a convenience to you. You leave the App when you click on these links. These third-party Apps are not under our control, and we have not examined them (and are not responsible for these Apps or their content or availability). We do not represent or endorse these Apps, their contents, or the outcomes of utilising them or their content. You do so fully at your own risk if you choose to visit any of the Apps operated by third parties that are linked to the App.

10.2. Linking authorization: You are permitted to link to the home page of the App (www.Extro.io), provided that:

10.2.1. you do not create a link from a App that is not your own or in a way that implies we are associated with or endorsing you when we are not;

10.2.2. you do so in a way that is honest and legal and does not harm or exploit our reputation;

10.2.3 The content standards outlined in these App Terms, particularly paragraph 9 (Visitor Materials and Reviews), must be met by any App from which you link; 10.2.4 We reserve the right to revoke linking permission at any time and for any reason.

11. DISCLAIMERS

11.1. Information on the App: We make every effort to ensure that the information is accurate, but we cannot guarantee that it is. We reserve the right to make any and all unannounced changes to the App's content, functionality, products, and prices. We make no promises to update the content on the App, which may be out of date.

11.2. Information about allergies, diets, and other menu requirements must be provided to us when a Partner signs up with us. We will try to reproduce any allergy or other dietary information included in this information exactly as it is shown on the partner's menu on the App. Prior to placing your purchase, you should always get in touch with the Partner directly if you or the person you are ordering for has any questions or concerns about food allergies, intolerances, or other dietary requirements.

11.3. Partner deeds and omissions: You and the Partner with whom you place your Order are parties to the legal agreement for the supply and purchase of the Products. The deeds or omissions of any Partners are completely beyond our control. Without limiting the scope of the aforementioned, by using the App, you recognise and accept the following:

11.3.1. We make no representations or warranties regarding the suitability or quality of the Products you order from any Partner through the App, and we disclaim any such guarantees.

11.3.2 The Partners provide estimated timelines for collections, which are simply estimates. Orders may not be picked up before or after the expected times, and neither us nor the Partners make this promise.

11.3.3. We encourage all of our Partners to accept all Orders and to swiftly communicate any rejections. If a Partner rejects your Order, we will contact you (often by email) as soon as it is practical. We cannot, however, promise that Partners will accept and complete all Orders. Partners reserve the right to refuse Orders at any time if they are too busy, if you fail to provide identification when buying alcohol, cigarettes, or other tobacco products, because of bad weather, or for any other reason.

11.3.4. The aforementioned disclaimers do not impact your legal rights against any Partners.

11.4. To the fullest extent permitted by law, we disclaim all representations, warranties, conditions, undertakings, and other terms in connection with the App and your use of it. We hereby grant you access to and use of the App (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the App and your use of it, or be otherwise implied or incorporated into these App Terms, by statute, common law or otherwise).

12. LIABILITY

12.1. In general: Nothing in these App Terms excludes or restricts our liability for death or personal damage brought on by our carelessness, for making false or fraudulent representations, or for any other liability that cannot be waived or restricted by applicable law. These App terms have no bearing on your legal rights.

12.2. Exclusion of liability: Subject to clause 12.1, we will under no circumstances be liable to you for any claims arising out of or related to the App (including use, inability to use, or results of use of the App), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable.

• 12.2.1. any loss of profits, sales, business, or revenue;

• 12.2.2. loss or corruption of data, information or software;

• 12.2.3. loss of business opportunity;

• 12.2.4. loss of anticipated savings;

• 12.2.5. loss of goodwill; or

• 12.2.6. any indirect or consequential loss.

12.3. Limitation of Liability: Subject to clauses 11, 12.1 and 12.2, our aggregate liability to you for all other losses arising out of or in connection with the App or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no event exceed twice the amount of your Order or £100, whichever is less.

12.4. Expenses connected with using the App, including without limitation costs associated with maintaining, repairing, or adapting any equipment, software, or data that you may own, lease, licence, or otherwise use, are wholly and entirely your responsibility.

13. TERMINATION

13.1. Reasons for termination: We may, in our sole discretion, immediately terminate or suspend your use of the App and notify you in writing (including by email) if we determine that:

• 13.1.1. you have used the App in breach of paragraph 7.1 (License);

• 13.1.2. you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);

• 13.1.3. you have breached paragraph 10.2 (Links to and from other Apps);

• 13.1.4. you have breached any other material terms of these App Terms;

• 13.1.5. there is misuse, unauthorised, fraudulent or otherwise suspicious activity taking place on your account; or

• 13.1.6. you have significantly or repeatedly breached paragraph 2.5 (Information).

13.2. Upon termination or suspension, you are required to promptly destroy any extracts you have downloaded or printed from the App.

14. WRITTEN COMMUNICATIONS

14.1. Some of the information or communications we send to you must be in writing per applicable legislation. You acknowledge that communication with us will take place primarily online when using the App or placing an order for Products through the App. We will email you or post notices on the App informing you of information. You acknowledge that all contracts, notices, information, and other communications that we deliver to you electronically satisfies any legal need that such communications be in writing. You consent to this electronic method of communication for contractual reasons. Your statutory rights are unaffected by this condition.

15. EVENTS OUTSIDE OUR CONTROL

15.1. Any failure or delay in our execution of our obligations under these App Terms that is brought on by circumstances beyond our reasonable control will not subject us to liability or responsibility ("Force Majeure Event").

15.2. Any act, incident, non-occurrence, omission, or accident outside of our reasonable control is referred to as a "force majeure event" and includes, without limitation, the following:

15.2.1. strikes, lock-outs or other industrial action;

15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (whether declared or not) or threat or preparation for war;

15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

15.2.5. impossibility of the use of public or private telecommunications networks; and

15.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

15.3. For the length of any Force Majeure Event, our performance under these App Terms shall be deemed to be suspended, and we shall have an extension of time for performance. We will make a reasonable effort to stop any Force Majeure Event or devise a way to carry out our duties under these App Terms even in the face of a Force Majeure Event.

16. ADDITIONAL TERMS

16.1. We are committed to keeping your information private and secure. We will process any personal information we obtain about you in accordance with our Privacy Notice. Please read our Privacy Notice.

16.2 Additional terms: Additionally, you should read our Voucher Terms and Conditions for information on how to use credits and promotional discounts on the App, our Cookies Policy for information on how and why we use cookies to improve the App's quality and your use of it, and our Competitions Terms and Conditions for information on the rules that apply to competitions that we may occasionally run. By reference, all of these are included in these App Terms.

16.3. Severability: Any term, condition, or provision found to be invalid, illegal, or unenforceable to any degree by any competent authority shall be severed from the remaining terms, conditions, and provisions, which will remain in effect to the fullest extent authorised by law.

16.4 Complete agreement All prior discussions, correspondence, negotiations, prior arrangements, understandings, or agreements between you and us regarding the subject matter of any contract are superseded by these App Terms and any document expressly referred to in them. They also constitute the entire agreement between you and us.

16.5. No waiver: Neither your nor our omission or delay in fully or partially implementing any provision of these App Terms shall be construed as a waiver of our or your rights or remedies.

16.6. Assignment: Without our prior written approval, you may not assign any of your rights or duties under these App Terms. Without your prior written approval, we may assign any of our rights or responsibilities under these App Terms to any of our affiliates or any company with which we form a joint venture, buy out, or sell ourselves.

16.7. Heads: These App terms' headings are given merely for convenience and have no bearing on how they should be read.

17. GOVERNING LAW AND JURISDICTION

17.1. English law shall govern these App terms and be followed in their interpretation. In relation to the App Terms, you may file a lawsuit in English courts. You may file a lawsuit over these App terms in either the English courts or the courts of your home country if you reside in any other part of the United Kingdom than England or any other Member State of the European Union.

17.2 Any requirements imposed by the legislation of the nation in which you reside would benefit you as a consumer. Nothing in these App Terms—including the sentence above—affects your ability to rely on such binding local laws as a consumer.