Welcome to the upMarket platform. This document outlines the terms (the “Terms”) which apply when you interact, use, purchase or order any item or service from the upMarket platform or related services (each referred to as the ‘Platform’).
Please read these Terms carefully before engaging with the platform. If you have any questions relating to these Terms, please contact firstname.lastname@example.org before continuing on the Platform. If you are a consumer, your rights are maintained under the relevant legislation.
You can find more information on this here: https://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/
Your rights are not affected by these Terms, they apply in addition to them and do not replace them. By setting up an account, or ordering on our Platform you are confirming that you accept these Terms.
1. Terms & Application
Isoms Market Ltd (Company No: 467974) of Registered address uite 4 Beacon Mall, Beacon Court, Sandyford Business Park, Dublin 18 (upMarket) grants you a non-exclusive, limited and revocable licence to use and access the upMarket smartphone application or website (Application) and/or the upMarket website (www.theupMarket.ie) (Website), (together, the Platform) subject to these terms and conditions (Terms).
In these Terms, “we”, “us” and “our” refer to upMarket and references to “you” and “your” is to you, the user of the Platform.
The Platform allows registered retailers, restaurants and other various vendors (Partners) to sell food, drinks, products (Products) and services (Services) through the Platform and for customers (Customers) to order (Order) and pay for said Products & Services.
You agree that we may change, update or otherwise amend the Platform and these Terms at our absolute discretion.
2. Platform only
We provide the Platform to connect Partners and Customers. We are not and cannot be a party to any transaction between Partners and Customers, including any resultant Order or supply of Products or Services.
We do not accept any responsibility or legal liability whatsoever for any act or omission of the Partner or the Customer arising from or in connection with the use of the Platform, any Orders, Products or Services. The Partner and Customer may enforce any of these Terms against the other party directly in respect of the use of the Platform and each Order.
The Partner shall be fully responsible for any tax and other liability, deduction, contribution, assessment or claim arising from or made in connection with use of the Platform, Services and any Order.
You shall indemnify us against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable in connection with or in consequence of any such liability, deduction, contribution, assessment or claim, other than where such liability, deduction, contribution, assessment or claim arises out of our negligence or willful default.
We may assist with the resolution of any complaint or dispute relating to an Order. However, you acknowledge that any legal recourse arising from or in connection with any Order, whether for breach of contract or otherwise, is against the Partner or Customer (as applicable) and not against us, notwithstanding anything to the contrary in these Terms or on the Platform.
You must cooperate with us and comply with all reasonable requirements, including information and documents relating to use of the Platform.
3. Using the Platform
The Platform allows you to send Orders to Partners. The Partner has sole and complete discretion to accept or reject each Order. Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund of your Order. upMarket encourages all our Partners to accept all Orders and to communicate any rejection promptly, and upMarket will notify you as soon as reasonably practicable if a Restaurant rejects your Order.
If the Partner accepts a request, the Application notifies you and provides an estimate on when your Order will be ready. Neither upMarket nor the Partner guarantee that Orders will be ready for pick-up within the estimated times.
If you have any issues with your order, or wish to change or cancel your order, you need to contact the issuing Partner directly. Should you have issue with getting in contact with the relevant Partner, you may contact us directly through our support chat or email@example.com and we will assist you in getting in touch with the relevant Partner. However, we cannot guarantee that we will be able to get in touch with the Partner to change or cancel an order.
In order to access the Platform you will need to create an account and register a profile (Profile) on the Platform. You must provide a valid login name and a password (Account Information).
You may also be able to create your Account by providing access via a third party account (such as Facebook, Twitter or Google), in which case you consent to our access to the third party account and your access to the Platform remains subject to compliance with the terms and conditions of the third party account and applicable privacy settings.
Your Account will become active when you follow the email link to activate your Account or automatically activated by registration through any third party account.
It is your responsibility to keep your Account Information secure and you agree:
not to give out your email with your Account Information;
not to use another person’s Account or share their Account Information;
to take all measures to prevent a third party from accessing your Account, even without your knowledge;
not to give access to your Account to a third party;
not to loan, share, exchange, donation, purchase, transfer and sell any Account (which action is fully prohibited and will not be enforceable against us); and
to use a personal or professional email address to create an account and not share this account information with any third party.
You are solely responsible for the use of your Account, irrespective of who is utilising it, whether with or without your permission. You indemnify us for any loss or damage we suffer as a result of unauthorised access to your Account.
5. Profiles and Information
We will collect from you or your third party account (such as Facebook or Google), personal information for your Profile, including your name, email address as well as at least one valid payment method (either a credit card or accepted payment partner).
You acknowledge that the Partners and upMarket rely on the accuracy and completeness of all information provided during the registration process, completing your Profile and updated on the Platform. You shall be responsible for keeping your Account details and Profile up to date.
You warrant and represent that all information provided to us is accurate, complete and not misleading and remains so. You must notify us of any change to such information.
All Products are subject to availability. Your Partner may offer an alternative for any Product it cannot provide you with. Please call our Partner prior to ordering if you have an allergy. upMarket cannot guarantee that any of the Products sold by our Partners are free of allergens.
While allergen information is displayed on the Platform, upMarket does not provide, stand over, or supply this information. This information is provided by the relevant Partner and is kept up to date by said Partner. upMarket accepts no responsibility for the accuracy of this information.
Please note that if you are pregnant or are a food allergy sufferer you may need to take caution when consuming any of the Products which the Partner states or informs you contain these allergens listed above. For any questions regarding the allergen contents of specific Products please contact the Partner directly; the Partner are exclusively responsible for all information regarding the contents of Products, including (but not limited to) food labelling information and information regarding allergens in the Products.
7. Customer duties
The Customer agrees to:
be over the age of 16;
provide us with detailed Profile information;
order items from the Partners that you are legally entitled to purchase;
drink responsibly and that you are solely responsible for monitoring your drinking; and
inform Partners of any allergies or food intolerances in the comment section of the upMarket Platform before placing each order.
The Partners are solely responsible for and we do not guarantee that product or services supplied by our Partners will comply with the Product description.
8. Sale of Age Restricted Products
Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold and delivered to persons aged 18 or over. By placing an order for an age restricted product or service, you confirm that you are at least 18 years old. upMarket advises our Partners to operate the Challenge 25 age verification policy whereby customers who look under aged 25 will be asked to provide proof that they are aged 18 or over. The Partner may refuse to sell or deliver any age restricted product to any person who does not look aged 25 unless they can provide valid photo ID proving that they are aged 18 or over. The Partner and/or the delivery driver may refuse to sell or deliver alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. If delivery of any age restricted product is refused, you will still be charged for the relevant Item and for delivery.
9. Price and Payment
Each Partner is solely responsible for ensuring that the pricing of Products on their Partner Profile are accurate, up to date and reflects the pricing of such Products as published by the Partner, unless a separate pricing of Products is jointly agreed in writing between the Partner and us.
upMarket shall charge you on behalf of the Partner for the Order placed by you. You agree that you will pay for all Products and services you purchase from the Partner, and that upMarket may charge you the total amount for your Order using the payment method provided by you when registering for the Service for the Products (including any taxes, as applicable). You are responsible for the timely payment of all fees and for providing upMarket with a valid method of payment at all times. Any payment made is non-refundable. No cash payments are accepted.
All prices for the Products & Services are inclusive of VAT unless specified on the Platform and subject to change at any time. You agree to pay any duties or taxes with respect to the Services and indemnify us against any claim arising from failure to make such payment. You confirm that you are using our service for personal, non-commercial use. Therefor should you need a VAT invoice, you will need to specifically request it through firstname.lastname@example.org.
The use of the Platform and the Service is available to you free of charge. upMarket reserves the right to introduce a fee for the use of the Platform and/or the Service. If upMarket decides to introduce such a fee, upMarket shall inform you accordingly and allow you to either continue or terminate your use of the Service.
Payments must be made in advance by credit card, payment service provider or any other payment method specified on the Platform. Surcharges may apply for certain payment methods. You warrant that there are sufficient funds on the relevant credit or debit card to pay for all charges, including variable fees for Orders. Any payment made is non-refundable.
upMarket uses a third-party payment processor (the "Payment Processor") to link the payment card you provide to the Application and Service.
The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of your credit card issuer in addition to these Terms. upMarket is not responsible for any errors by the Payment Processor.
10. Platform availability & access
You acknowledge that we are not required to keep the Platform available for your use and we make no warranties as to its availability or that the Platform will operate continuously or error-free.
We accept no responsibility for the unavailability of this Platform, or any offer of Services found on the Platform, or any interruption or malfunction for any reason whatsoever (including failures of our Internet provider or web hosting service provider, third party intrusions or force majeure) and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Platform.
We make no guarantees, implied or express, as to the ongoing availability of the Platform or Services.
You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact email@example.com straight away to let us know. We can deactivate your account at any time.
You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Intellectual Property clause 12 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.
We may at our discretion issue a code for certain promotions (Code) to a Customer offering a discount from the total price of an Order. Codes for each promotion are one time usage codes, have a finite expiry date and may only be applied once per Order. If the full value of a Code is not used in the Order the residual unused value will be lost. A Code may be withdrawn at anytime at our sole discretion.
Each Code for a promotion may only be used once per Customer. Further conditions may be specified in the terms of the offer for each Code, including via the Platform.
In order for the Code to be applied to an Order it must be entered into the Platform before the completion of an Order. At our discretion we may or may not provide any further information about a Code and we do not guarantee a Code may be applied to any particular Order.
Vouchers with credit amount redeemable for Products (Vouchers) may be provided via the Platform and redeemed against Products or Orders (as applicable). Unless specified otherwise, Vouchers expire 12 months from the date of issue and must be used on a single Order.
Vouchers cannot be used for previous purchases, reloaded, resold, transferred for value, redeemed for cash or used to make a payment towards third party items, except to the extent required by law. The risk of loss and title for Vouchers pass to the recipient upon our electronic transmission of the Voucher to the recipient or designated Customer. We are not responsible if any Voucher is lost, stolen, destroyed or used without your permission.
We will have the right to close Customer accounts and take payment from alternative forms of payment if any fraudulently obtained Voucher is redeemed and/or used to make a Order.
We make no warranties, express or implied, with respect to Vouchers, including any express or implied warranty of availability of Products, merchantability or fitness for a particular purpose. In the event a Voucher is non-functional, your sole remedy, and our sole liability, will be the replacement of the Voucher for the same or equivalent Product.
12. Intellectual Property
The Partner hereby grants us a non-exclusive royalty-free licence to use its logo and/or name and as otherwise reasonably necessary or desirable in connection with these Terms. The Partner shall on request supply us such images or other artwork so as to enable us to accurately reproduce the Partner’s logo on advertising materials.
All content on the Platform is our copyright and property and can be used for any purpose relating to the Platform or our business, without our express written permission, you shall not copy the Platform for your own commercial purposes, including:
replicate or use the details and profiles of any Customer or Partner;
replicate all or part of the Services or Platform in anyway;
use any “deep-link”, “robot”, “spider”, “page-scrape” or other automatic device, programme, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, Profiles or any content, nor in any way reproduce or circumvent the navigational structure or presentation of same, nor obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform; and
incorporate all or part of the Platform in any other webpage, website, platform, application or other digital or non-digital format.
All content remains our Intellectual Property, including (without limitation) any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the Partner or any Customer.
To the extent permitted by law, upMarket provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither upMarket nor any Partner shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Services. In the event that upMarket or the Partner is found to be liable to you our total aggregate liability is limited to the purchase price of the products or services you have paid for in your order. This does not include or limit in any way upMarket or any Partner liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
15. Third Party Services
The Platform may contain information and advertising from third-party businesses, people and websites (Third Parties). You consent to receiving this information as part of your use of the Platform.
Users must maintain in confidence any written information that (Confidential Information):
contains personal information or, where applicable, details of the business of the Partner;
details the business of upMarket;
contains personal information of any Customer; and
is identified by either party as confidential and/or proprietary,
other than information that the relevant party can establish:
was in the public domain at the time it was disclosed;
was already in the possession of a party when given, without having been acquired (directly or indirectly) from the other party; or
was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.
Users must not:
use any of the Confidential Information except to the extent necessary to exercise its rights and perform its obligations under this Agreement; or
disclose any of the Confidential Information,
provided that each party may disclose Confidential Information that is required to be disclosed:
by law or by order of any court or tribunal of competent jurisdiction;
by any Government Agency, stock exchange or other regulatory body; or
to its personnel and advisors, where the party informs the recipient of the obligations in relation to the Confidential Information under this Agreement.
If a user is required to make a disclosure under this Clause, that user must:
to the extent possible, notify the other party if it anticipates that it may be required to disclose any of the Confidential Information; and
only disclose Confidential Information to the extent necessary to comply.
The obligations under this Clause continue in full force and effect after this Agreement ends.
17. Suspension and/or Termination
Your use of the Platform may be suspended or cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Platform should you receive a notice suspending or cancelling your licence to use the Platform.
We may end the agreement formed by the Terms immediately by giving you written notice. It is not essential to provide reasons for the termination. Where these Terms have been terminated you must immediately cease using the Platform.
Customers may terminate their use of the Platform and suspend or have an Account removed at any time, provided that no amounts are outstanding. Any amounts standing to the credit of a Customer’s Account shall be forfeited.
Partners may terminate their use of the Platform pursuant to the conditions set out in the Partner Terms & Conditions.
Your use of the Platform may be cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Platform should you receive a notice cancelling your licence to use the Platform.
18. Entire Agreement
These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
19. Our Right To Vary These Terms and Conditions
20. Jurisdiction and Applicable Law
22. Your Concerns
If you have any concerns about material which appears on our Service, please contact firstname.lastname@example.org