Merchant Agreement

Wimzy Ltd. is a company registered under company number 13844275, with its registered office at 1 Beadon Road, London W6 0EA. Wimzy operates the website wimzy.co.uk & wimzypos.com, and various other sub-domains and Wimzy URLs which are connected to this website (collectively known as the "Website").

Understanding these Terms

1.1 These guest terms of service (these "Terms") describe how you may access and use the Website. The Website allows you to place orders for food, beverages, and related products and services ("Purchases") from restaurants, takeaways, and other stores ("Merchants"). The services provided by Merchants to you via the Website will be referred to herein as the "Merchant Services".

1.2 When certain words and phrases are used in these Terms, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

1.3 In these Terms, when we refer to "we", "us" or "our" (or similar), we mean Wimzy; and when we refer to "you" or "your" we mean:

• 1.3.1 you, the person accessing or using the Website; and
• 1.3.2 where applicable, the business on whose behalf you are acting.

1.4 If you are acting on behalf of your employer or another business when you access and use the Website, you represent and warrant that:

• 1.4.1 you have full legal authority to bind your employer or that business; and
• 1.4.2 you agree to these Terms on behalf of the business that you represent.

Please note:

• 1.4.3 if you are acting for purposes that are wholly or mainly outside your trade, business, craft, or profession, you are acting as a "consumer"; or
• 1.4.4 if you are acting for purposes relating to your trade, business, craft, or profession, then you are acting in the course of a business (a "Business User").

1.5 These Terms apply to:

• 1.5.1 consumers who are habitually resident in the UK; and
• 1.5.2 Business Users based in the UK who access and use the Website for the purposes of using the Merchant Services.

1.6 If you are based elsewhere, then these Terms do not apply to you - please navigate to the correct page for your jurisdiction.

1.7 Please note that we only use your personal information in accordance with our Privacy Statement.

The Website

2.1 The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.

2.2 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.

2.3 The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.

2.4 Any material downloaded or otherwise obtained through your use of the Website is done at your own discretion and risk and you are responsible for any damage to your computer system or device or loss of data that results from the download of any such material.

2.5 You acknowledge that neither Wimzy nor its third-party providers controls the transfer of data over communications facilities, including the Internet, and that neither Wimzy nor its third-party providers are responsible for any limitations, delays, or other problems inherent in the use of such communications facilities. Without limiting the foregoing, neither Wimzy nor its third-party providers guarantees that any or all security breaches or attacks will be discovered, reported or remedied, or that there will not be any security breaches by third parties.

Merchants

3.1 You acknowledge and agree that:

• 3.1.1 all aspects of the Purchases and Merchant Services beyond the services that Wimzy provides, as well as all engagement and interactions between the Merchant and you, are solely the responsibility of the Merchant;
• 3.1.2 each Merchant is solely responsible and liable for all marketing, selling, pricing, packaging, information (including as to nutritional and allergen information) and provision of any products or services offered to you through the Merchant Services in compliance with all applicable law and rules;
• 3.1.3 the Merchant is solely responsible for any and all damages, claims, liabilities, costs, injuries or illness caused in whole or in part by the Merchant.

3.2 Wimzy makes no guarantee regarding whether:

• 3.2.1 a Merchant holds any applicable permit, licence, registration, or other credential for its business;
• 3.2.2 representations by a Merchant are true and accurate; or
• 3.2.3 a Merchant complies with applicable law and rules, and Wimzy is not responsible for the quality of the products or services provided by Merchants.

3.3 Wimzy relies upon Merchants to provide accurate allergen and dietary information and general product safety. Wimzy does not guarantee that the information or content accessible through the Merchant Services are accurate, complete, reliable, current, or error-free, including, without limitation, menus, nutritional and allergen information, photos, food quality or descriptions, pricing, hours of operation, or reviews. All content is provided for informational purposes only. The reliance on any information provided through the Merchant Services is solely at your own risk, including, without limitation, nutritional and allergen information.

3.4 Any Purchases you make via the Website are transactions as between you and the Merchant only, and not with Wimzy or any of our affiliates. Wimzy is not the seller of any product or service offered by Merchants via the Website and is not a party to any payment transaction facilitated through the Website.

3.5 Certain Merchants may hold alcoholic beverage licences and sell alcoholic beverage products. Wimzy has no responsibility or liability to you or any other person for any alcoholic beverage products you may purchase from a Merchant or for any Merchant’s compliance with applicable law and rules, including without limitation, any regulations regarding sale of alcohol. By making a Purchase through the Website for alcoholic beverage products, you confirm that: (i) you are eighteen (18) years of age or older; (ii) you are not procuring alcoholic beverage products for a person under eighteen (18) years of age; and (iii) you will provide bona fide government-issued photo identification evidencing your age.

3.6 Merchants each set their own cancellation and refund policies and are responsible for ensuring that such policies are in compliance with applicable consumer protection laws. Once a Purchase has been made through the Website, you will need to contact the Merchant directly to inquire if you can make a change to or cancel the Purchase or whether you may receive a refund.

3.7 For questions or customer service regarding a Purchase or the product or service provided by a Merchant, please contact the Merchant directly.