Last updated: 24 June 2020
These terms and conditions, including the terms, policies, guidelines and instructions referred to herein (“Zettle Food & Drink Terms”) constitute a legal agreement between Intelligent Point of Sale (Sales) Limited, a limited company, registered in Scotland under company number SC446117 and VAT number is GB 314 4997 84, with our registered office at Mainpoint, 102 Westport, Edinburgh, City of Edinburgh Scotland EH3 9DN, and wholly owned subsidiary of iZettle AB, (“Zettle”, “we”, “our” or “us”) and you, the sole trader, company or other business entity having created an account with us (the “Merchant”, “you” or “your”), governing your access to and use of our software services (together, “Zettle Food & Drink”).
By accepting or otherwise electronically agreeing to these Zettle Food & Drink Terms, you acknowledge that you have read and accept to be bound by these Zettle Food & Drink Terms. If you do not agree to these Zettle Food & Drink Terms (or if you do not have the right to bind the company or other business entity you are representing), you are not permitted to access or use Zettle Food & Drink, and you should not accept these Zettle Food & Drink Terms.
The general terms and conditions governing your access to the Zettle services and which you accept in connection with becoming a Zettle user (“General Terms and Conditions”) shall be deemed incorporated into these Zettle Food & Drink Terms in those parts where the provisions of the General Terms and Conditions refer to ”Additional Terms” for specific services (which includes these Zettle Food & Drink Terms) and to the extent these Zettle Food & Drink Terms specifically refer to provisions in the General Terms and Conditions.
Defined terms used in these Zettle Food & Drink Terms will have the same meaning as those used in the General Terms and Conditions, unless otherwise defined herein.
If you have any questions, you may contact us by telephoning our customer service team at the telephone number set out in your Zettle Account or by e-mailing us at firstname.lastname@example.org.
In order to get access to and use Zettle Food & Drink, you must create a Zettle Account as further described in section 1 of the General Terms and Conditions.
In addition to the warranties provided under section 1 of the General Terms and Conditions you warrant to us that: a) you will use Zettle Food & Drink solely for trade, business or professional purposes, b) you will comply with all applicable laws, b) you will not use Zettle Food & Drink for any illegal or unauthorized purpose, and c) you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
We reserve the right to suspend your access to and use of Zettle Food & Drink if you provide us with inaccurate, untrue, or incomplete information.
You can subscribe to Zettle Food & Drink by signing up online when logged into your Zettle Account or by following such other payment instructions as provided by us to you.
Our sign-up pages will guide you through the steps you need to create a subscription with us, which will allow you to access Zettle Food & Drink (a “Subscription”). Our sign-up process allows you to check and amend any errors before creating your Subscription and to choose the level of Subscription you require. Please take the time to read and check your details at each page of the sign-up process. You will be taken to a confirmation screen, acknowledging that you have created a Subscription.
Our acceptance of your Subscription is confirmed on payment of the first Subscription Fee in accordance with section 3. These Zettle Food & Drink Terms will become an agreement between us and you when the Subscription has been confirmed by us.
Under certain circumstances, we may offer a specific subscription plan where you pay upfront for a subscription (“Upfront Payment Subscription”) for a fixed term, such as twelve (12) months. Should you choose such an Upfront Payment Subscription you will be required to pay in advance for the number of months set out in such offer against a discounted Subscription Fee. You may at any time terminate your Upfront Payment Subscription in accordance with section 13, however such termination will require you to pay a penalty equivalent to the discount on the Subscription Fee received when signing up for Zettle FOOD & DRINK.
Unless you have signed up for a free trial period, your Subscription will become active (allowing access to Zettle Food & Drink) once the first Subscription Fee has been paid. You will not be charged for the Subscription Fee during the trial period if you have added your payment details on a date prior to the end of the free trial period.
3. SUBSCRIPTION FEES
By signing up for Zettle Food & Drink, including after the end of any free trial period, you agree to pay the fees and any applicable taxes as set forth on our Website and/or in your Zettle Account settings or as otherwise agreed in writing as and when due in accordance with the General Terms and Conditions (“Subscription Fee”).
The Subscription Fee is payable monthly in advance and shall be paid in accordance with section 31 of the General Terms and Conditions. If you fail to pay the Subscription Fee within 7 days of the due date for payment we will block access to your Subscription. If you wish to change the number of devices on which your Subscription can be used, we reserve the right to alter your recurring card payment or direct debit. We also reserve the right to alter the recurring payment amount if we discover that additional devices are in use and not being paid for.
Fees for Zettle Food & Drink exclude VAT. VAT will be charged in accordance with local VAT legislation. However, if the rate of VAT changes during the term of these Zettle Food & Drink Terms, we may adjust the VAT you pay on the fees. If you are a VAT registered company purchasing the Subscription as an intra-community acquisition, you must submit your VAT registration number to us upon signing up for Zettle Food & Drink (and apply the reverse charge mechanism where applicable). Should you have any questions regarding your VAT liability, please contact your local tax authority.
4. YOUR WARRANTIES
You confirm that you have authority to bind any business on whose behalf you use our site to purchase Zettle Food & Drink. You acknowledge that when agreeing to these Zettle Food & Drink Terms you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Zettle Food & Drink Terms or any document expressly referred to in them.
You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Zettle Food & Drink Terms.
You warrant that you are not a ‘consumer’ as defined in the UK Consumer Protection (Distance Selling) Regulations 2000 or corresponding legislation applicable in your jurisdiction.
The personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services included in section 20 of the General Terms and Conditions shall be deemed to include a license to Zettle Food & Drink.
Use of Zettle Food & Drink under the Licence shall be restricted to use of Zettle Food & Drink for loading Zettle Food & Drink into temporary memory or permanent storage on the relevant device(s) by downloading Zettle Food & Drink from the App store or accessing your desktop (hosted on our cloud servers) from any device using a web browser.
6. YOUR DATA
When you start to use Zettle Food & Drink, Zettle Food & Drink will automatically store your trading data in the cloud, on servers that we maintain.
All trading data gathered through Zettle Food & Drink and stored on our servers is owned by you. We will give you a full download of your data at any time during your Subscription, upon payment of a reasonable administration fee. We will do our best to inform you about such administration fee in advance.
Any issues with either Zettle Food & Drink or your Subscription should be raised using our remote support procedures. Full details of these procedures and how to contact us are available in the Support section of our site or through our App.
The personal data we collect about you will be handled in accordance with section 12 of the General Terms and Conditions.
9. YOUR ADDITIONAL LIABILITY AND INDEMNIFICATION
In addition to what is set out in section 16 of the General Terms and Conditions, you are responsible for all liabilities incurred by a third party or us caused by your access to and use of Zettle Food & Drink and/or arising from any breach by you of any provision of these Zettle Food & Drink Terms. You agree to reimburse such third party or us for any and all such liability.
Notwithstanding the above or any other provision of these Zettle Food & Drink Terms and in addition to what is set out in section 16 of the General Terms and Conditions, you agree to defend, indemnify, and hold us and each of our respective directors, agents, affiliates and representatives harmless from and against any claim, cost, suit, demand, loss, liability, damage, action, proceeding judgment, penalty, interest and expense (including without limitation reasonable attorneys’ fees) arising out of or relating to: a) any actual or alleged breach by you of any provision of these Zettle Food & Drink Terms, b) your wrongful or improper use of Zettle Food & Drink, c) third party liability or indemnity obligations we incur as a direct or indirect result of your acts or omissions.
In the event you are liable for any amounts owed to us, we may immediately collect such amounts from funds credited to your Zettle Account. If there are insufficient funds to cover your liability, you agree to reimburse us immediately on demand through other means.
10. OUR LIABILITY
Our liability for Zettle Food & Drink shall be governed by sections 5 (Service Level), 17 (No warranties) and 18 (Limitation of liability) of the General Terms and Conditions.
You agree that we may at any time update or modify Zettle Food & Drink subject to prior notification in accordance with section 19 of the General Terms and Conditions. However, we reserve the right to implement such updates and modifications with immediate effect without prior notice to you where necessary to maintain the security of our systems or to comply with applicable laws, rules and regulations.
12. TERM AND TERMINATION
These Zettle Food & Drink Terms are effective upon the date you agree to them and will remain in force until terminated by you or by us in accordance with these Zettle Food & Drink Terms or the General Terms and Conditions.
You may terminate these Zettle Food & Drink Terms upon 30 days’ prior notice by contacting our customer success team at foodanddrink.zettle.com or as set out in the General Terms and Conditions. You may at all times during a free trial period terminate your Subscription without incurring any costs.
Upon termination of these Zettle Food & Drink Terms, unless otherwise provided in these Zettle Food & Drink Terms, you will not be entitled to refunds of any fees already paid, but shall be entitled to use your Subscription until the next Subscription Fee is due to be paid.
13. GOVERNING LAW AND DISPUTES
Any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Scotland.
We both irrevocably agree that the Scottish courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).