Multi Multi® Terms & Conditions

1. AGREEMENT

• • (a) These terms of use (Terms) govern your use of the Multi Multi mobile application and website (Platform) and any other content or services made available through the Platform
  • (b) By using the Platform, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Platform (you or User) and us, Multi Multi Stores Limited trading as Multi Multi (Multi Multi, we or us)
  • (c) If you do not agree to these terms, please do not use the Platform.
  • (d) We may change these Terms at any time by updating this webpage, and your continued use of the Platform following such update will represent an agreement by you to be bound by the Terms as amended. We encourage you to check our website for any updates in these Terms regularly.
  • (e) If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.
  • (f) We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

2. ELIGIBILITY

• If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

3. SERVICES

• • (a) When we talk about the "Services" in this agreement, we are referring to the mobile applications we make available on the Apple iOS Store and the Google Play Store, our website and any associated services we offer.
  • (b) The Services enable you to: (i)order delivery or collection services from independent third-party providers of those services, who have an agreement with Multi Multi (Merchants); and (ii)facilitate payments to “Drivers”, who may be representatives of the Merchant or affiliates of Multi Multi, for their services and receive receipts for those payments.
  • (c) Multi Multi introduces Platform users to Merchants so that you may order goods including food, drinks and groceries (Products) for collection by you (Collection) or delivery by Drivers (Delivery). Multi Multi acts as an agent on behalf of the Merchants and Drivers to facilitate your experience from Order to Delivery.
  • (d) The Merchant is responsible for putting in place public and product liability insurance in respect of the Products, their Collection and/or Delivery.

4. ACCOUNTS

• 4.1 ACCOUNT REGISTRATION
• • (a) In order to use most of the functionality of the Platform, you are required to register and receive an account through the Platform (an Account).
  • (b) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Multi Multi from time to time
  • (c) You warrant that any information you give to Multi Multi in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
  • (d) You may register for an Account using your Gmail account, Facebook account or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
  • (e) Once you complete the Account registration process, Multi Multi may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
  • (f) Multi Multi reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
  • (g) Multi Multi may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
• 4.2 ACCOUNT RULES

You agree:

• • (a) to not copy, reproduce, translate, adapt, vary or modify the Platform without the express consent of Multi Multi;
  • (b) to not share your Account with any other person;
  • (c) you will be solely responsible for any activities that occur under your Account;
  • (d) that any use of your Account registration information by any other person is strictly prohibited;
  • (e) to immediately notify Multi Multi of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
  • (f) you must not expressly or impliedly impersonate any other User of the Platform or use the profile or password or account of another User at any time;
  • (g)that you are solely responsible for your mobile phone, access to and connectivity to the internet and all costs, including mobile data, required to use the Platform;
  • (h)to receive marketing materials and other communications from Multi Multi, that you may unsubscribe from, though you cannot unsubscribe from messages on the Platform to your Account;
  • (i) not to use the Platform for any purpose other than for the purpose of making arrangements to receive Orders;
  • (j) not to harass, impersonate, stalk, threaten, bully or endanger any other user of the Platform;
  • (k) to not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting a job which includes illegal activities or purposes);
  • (l)you will not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Multi Multi;
  • (m) to not use the contact details of other Users for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
  • (n)you must not make any automated use of the Platform;
  • (o) not to act in any way that may harm the reputation of Multi Multi or associated or interested parties or do anything at all contrary to the interests of Multi Multi or the Platform;
  • (p) you are solely responsible for your use of the Platform, including for requesting, confirming, booking and using and ceasing to use the Services.

5. PLATFORM USE AND CREATING ORDERS

• • (a) You may, at any time, submit an order request for certain Products available for purchase from a Merchant specifying, where the option is available, your choice of Collection or Delivery (Order Request).
  • (b) Multi Multi will endeavour to confirm whether the Order Request has been accepted, creating an “Order” and, where selected, communicate the agreed window of time for the Delivery (Confirmed Delivery Time) within 10 minutes from receiving the Order Request.
  • (c) In the case of Delivery, the Driver will endeavour to deliver the Order during the Committed Delivery Time
  • (d) In the case of Collection, the Merchant will start preparing your Order upon acceptance of your Order Request and will notify you when the Order is ready for Collection.
  • (e) You must at all times behave in a manner that is respectful and courteous to the Driver.

6. FEES AND PAYMENT PROCESS

• • (a) Using the Platform and creating an Account is free.
  • (b)When you list an Order Request, the Platform will generate a Fee consisting of: (i)the fee for Products ordered, as set by the Merchant (Order Fee); (ii)a fixed service charge to help maintain our Platform (Service Charge); (iii)a variable charge for Delivery, where applicable (Delivery Fare); (iv)a fixed surcharge if the Order Fee is lower than the minimum value set by that Merchant, as displayed on the Platform (Surcharge); and (v)any tip you might wish to give the Driver (Tip).
  • (c) Multi Multi may process payments through a third party payment provider notified to you from time to time (Online Payment Partner). In addition to these Terms, payments made via the Platform will be subject to the terms and the privacy policy of the Online Payment Partner, available on the Online Payment Partner’s website.
  • (d) The Fee will become due immediately upon placing an Order Request and the Online Payment Provider will debit your nominated bank account, bank card or payment provider in order to provide payment to the Merchant and Driver.
  • (e) At the time of payment of the Fee, Multi Multi will deliver to you a copy of the Order, a receipt and an invoice detailing all charges.

7. AGE RESTRICTED PRODUCTS

• Certain Products, such as alcohol, tobacco or cigarettes, can only be sold and/or delivered to people aged 18 years and over. By ordering any age restricted Products, you confirm that you are at least 18 years old. Drivers may require proof of age upon Delivery and may refuse to complete a Delivery if valid identification cannot be provided. In this case, you shall not be entitled to a refund of any Delivery Fare or Service Charge.

8. PRODUCT DISCLAIMER

• • (a) Product images and summary details have been prepared for illustration and information purposes only. On occasion the actual Product may differ from that shown.
  • (b) You acknowledge that Products may contain allergens, which may or may not be displayed on the Platform. Where that information is not available or if you have any questions, please contact the Merchant prior to submitting an Order Request.
  • (c) Multi Multi does not provide any guarantees that Products are free from allergens.
  • (d) Whilst we have taken every care in preparing Product summaries and believe them to be accurate, it is not a substitute for reading the Product packaging or label prior to use. You should note that Products and their ingredients are subject to change. If you do require precise ingredient information you should consult the manufacturer, whose contact details will appear on the packaging or label.
  • (e) Multi Multi is therefore unable to accept liability for any incorrect information. Where Product descriptions contain a link to another party's website for further information on the Product, please note that Multi Multi has no control over and no liability for the contents of that website.

9. CANCELLATIONS & REFUNDS

• • (a) You have a right to a partial or full refund in the event of an incomplete Order or one which contains Products which are of unsatisfactory quality or not as described on the Platform, in accordance with Multi Multi’s Refund Policy.

10. RATINGS AND REVIEWS

• • (a) You may rate the Services you received (Rating) and/or provide feedback to the Driver’s after receiving a Driver Service from them (Review).
  • (b) You must provide true, fair and accurate information in your Review.
  • (c) If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review. We do not undertake to review each Review made by you.
  • (d) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

11. INTELLECTUAL PROPERTY

• • (a) Multi Multi retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
  • (b) You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of using the Services. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Multi Multi or as permitted by law.
  • (c) In this clause 11, "Intellectual Property Rights" means any patents, utility models, rights to Inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

12. CYBER SECURITY

• Multi Multi does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference

13. SERVICE LIMITATIONS

The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree that the Company cannot and does not represent, warrant or guarantee that:

• • (a) the Platform will be free from errors or defects;
  • (b) the Platform will be accessible at all times;
  • (c) messages sent through the Platform will be delivered promptly, or delivered at all;
  • (d) information you receive or supply through the Platform will be secure or confidential; or
  • (e) any information provided through the Platform is accurate or true.

14. DISCLAIMER

• • (a) (Limitation of liability) To the maximum extent permitted by applicable law, Multi Multi excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Merchant or Driver. This includes the transmission of any computer virus.
  • (b) (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
  • (c) (Consumer law) Nothing in this agreement is intended to limit the operation of consumer law in the UK, under which you may be entitled to certain remedies (like a refund, replacement, discount or repair) if there is a failure with the goods or services we provide.
  • (d) (Indemnity) You agree to indemnify Multi Multi and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives': (i)breach of any term of this agreement; (ii)use of the Platform; or your receipt of the Services
  • (e) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Multi Multi be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by Multi Multi or any Driver or Merchant (except to the extent this liability cannot be excluded by law)

15. DATA PROTECTION

• We will process your personal data in accordance with Multi Multi's Privacy Policy, which can be accessed here.

16. COLLECTION NOTICE

• • (a) We collect personal information about you in order to provide you the Services and for other purposes set out in our Privacy Policy.
  • (b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

17. DISPUTES BETWEEN USERS

• • (a) You should direct any complaint relating to a Merchant to that Merchant at first instance.
  • (b) If any issue or problem relating to the Platform remains unresolved after directing a complaint to the relevant Merchant, or if the complaint does not relate to a Merchant, you must report it to Multi Multi. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
  • (c) Any costs you incur in relation to a complaint or dispute will be your responsibility regardless of the outcome of that complaint or dispute.
  • (d) Multi Multi may, in its absolute discretion, appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between the users that are party to the dispute.
  • (e) Multi Multi reserves the right to direct the Online Payment Provider to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
  • (f) If you have a dispute with Multi Multi, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.

18. TERMINATION

• • (a). Multi Multi reserves the right to terminate your Account and access to any or all of the Platform (including any listings and memberships) at any time without notice, for any reason
  • (b) You may also terminate this agreement with Multi Multi at any time by using the Platform's functionality.
  • (c) Notwithstanding termination or expiry of your membership or this agreement, any provision which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

19. RECORD/AUDIT

• To the maximum extent permitted by law, Multi Multi reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Multi Multi.

20. NOTICE REGARDING APPLE

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

• • (a) this agreement is are between you and Multi Multi and not with Apple. Apple is not responsible for the Services or any content available on the Services;
  • (b) Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
  • (c) in the event of any failure of Multi Multi to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Multi Multi’s responsibility;
  • (d) Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to: (i)product liability claims; (ii)any claim that the Services fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy, or similar legislation;
  • (e) in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
  • (f) that you represent and warrant that: (i)you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and (ii)you are not listed on any U.S. Government list of prohibited or restricted parties;
  • (g) you must comply with applicable third party terms of this agreement when using the Services; and
  • (h) Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.

22. JURISDICTION

• This agreement is governed by the law of England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims). Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

23. ACCEPTANCE

• By ticking the ‘I accept’ box below, you acknowledge that you have read and taken steps to consider the consequences of this agreement and that you agree to be bound by its terms and conditions.