Gorjes - Service Provider Terms & Conditions

Last updated: 22/04/2021

 

These terms and conditions apply to your access to and use of the Gorjes platform on www.gorjes.co  and our mobile app (Gorjes). The Gorjes platform is provided by R – Cubed Technologies Ltd company number 11061540.

 

R – Cubed Technologies Ltd’s registered address is: Kemp House, 160 City Road, London, EC1V 2NX

 

By accepting a Gorjes order on any Gorjes Platform you confirm that:

  1. You have authority to do so and to bind the person or company you are accepting for.
  2. You accept our offer to provide the Gorjes Service on these terms.
  3. You agree to and will comply in full with these terms.
  4. Your satisfactory completion of certain checks (including ID; insurance and qualifications checks) required by Gorjes from time to time is a condition of this contract coming into effect.

This forms a contract between you and R – Cubed Technologies Ltd, which commences on the later of the date of your acceptance and the date on which you have completed Gorjes’ checks from time to time to R – Cubed Technologies Ltd’s satisfaction.  You should save a copy of these terms for your records.  We may make changes to these terms, so check from time to time. We’ll notify you of material changes before they happen. If you access or use any Gorjes Service after being notified of a change, you’re deemed to have accepted that change.

 

You can procure other services from R – Cubed Technologies Ltd by agreeing and entering into a separate contract with us. Each additional contract entered into by you and R – Cubed Technologies Ltd shall form a separate agreement.

 

If you have questions about these terms and conditions or Gorjes Services please contact us through enquiries@gorjes.co

 

What is the Gorjes Platform

The Gorjes Platform provides an easy to use app for customers to order and pay for massage and beauty services. You can learn more about this on our website: www.Gorjes.co  

 

By signing up to the Gorjes Platform , you authorise R – Cubed Technologies Ltd to act as your agent to solicit, promote and conclude contracts for beauty service orders in your name and on your behalf and to collect customer payments owed to you in respect of those orders.

 

Customer payments made in respect of orders placed with you through the Gorjes Platform will be held by R – Cubed Technologies Ltd on your behalf; payment to Gorjes settles the customer’s payment obligation to you for these orders.

 

Gorjes Platform Fees

Your use of the Gorjes Platform is subject to a service fee calculated as 10% of GMV per order (plus VAT at the applicable rate). You must cooperate with us so that we can comply with our VAT accounting obligations. You will receive payments from us in accordance with our standard payment terms applicable in the country you operate in from time to time.  We will pay you an amount equal to the GMV of your menu items that have been ordered on our platform during the relevant payment period, less the 10% service fee (plus VAT), by electronic bank transfer to a bank account you have nominated.

 

What Gorjes will do

If you are new to Gorjes, when you accept these terms we will enable your account on the Gorjes Platform. You agree that we may subcontract part of the enabling process.

We will, subject to our rights to suspend your use of the Gorjes Platform under these terms, display your site/s and menu items on the Gorjes Platform as available for Beauty Services orders.

We will facilitate and implement a real-time ordering process which will enable customers to place and pay for Beauty Services orders on the Platform.

 

What you must do

You must:

 

Enabling and set-up

 

Provide all information, materials and assistance reasonably required by Gorjes to enable you to use the Gorjes Platform. You must ensure that the information you provide to Gorjes and customers in or in respect of your use of the Gorjes Platform is complete and accurate in all material respects.

If you are new to the Gorjes Platform, provide us with accurate descriptions of menu items to be offered (including applicable VAT amounts). You agree that:

(a) We may make limited and reasonable edits to menu item descriptions from time to time (including where legally required);

(b) To ensure a great customer experience, the prices for the menu items you provide for display on the Platform should be the same as the prices for menu items published in your beauty services menu.

Display any Gorjes Platform signage provided by Gorjes in accordance with our instructions.

 

Use of the Gorjes Platform

 

Keep your menu up to date - by giving us at least three days’ notice of changes you require us to make for you or by making your own changes through your Gorjes profile.

Ensure that all relevant menu items are available to be ordered by a customer during your opening hours, and accept and reject Gorjes Platform orders as appropriate. You should not accept cash payment for Gorjes Platform orders.

Ensure that Gorjes Platform orders are completed using all due skill, care and diligence, promptly, and in accordance with the timescales communicated via the Gorjes Platform. In particular, you must ensure that menu items:

(a) correspond with the descriptions on the Gorjes Platform;

(b) are not harmful to health;

(c) are safely and appropriately completed

 

Provide each customer with an official receipt for their Gorjes order (and a VAT receipt, if applicable).

Ensure that customers are at all times treated in a professional manner by staff and are provided with a safe service in accordance with the latest Covid-19 related government guidance.

Use your best endeavours to resolve any customer complaints or requests in a cooperative, timely and professional manner with the customer - unless the customer complaint relates to their use of the Gorjes Platform generally or payment processing, Gorjes does not provide customer support for Gorjes Platform orders.

 

General Requirements

 

Maintain the security and confidentiality of any access credentials we provide to you at all times. You are responsible for the actions of any person using your access credentials.

Comply with all applicable laws and licensing, registration and approvals requirements at all times, and any and all Gorjes policies made available to you from time to time.

Cooperate with Gorjes and provide, in a timely manner, such assistance and information as Gorjes may reasonably require.

 

Equipment and joining fees

You will need a tablet/phone to start accepting Gorjes Platform orders.  If you’re an existing customer, you can use your existing equipment.

You can use your own device (which you are responsible for obtaining and maintaining).  Or you may contact us at enquiries@gorjes.co  to provide you with a device pre-installed with our Gorjes Platform.

We will make software  available to you to use on the equipment so that you can use the Gorjes Platform. This software constitutes R – Cubed Technologies Ltd IP (see below). You must promptly implement any patches, updates, upgrades and/or new versions of such software that we release from time to time.

 

Suspension and termination and suspension

We may suspend your use of the Gorjes Platform on giving you notice if we know or suspect you have breached these terms, or if we otherwise consider suspension reasonably necessary taking account of all relevant circumstances.

 

We will give you the reasons for the suspension where permitted by law. We will maintain the suspension until you have remedied the breach to our reasonable satisfaction or we no longer consider the suspension necessary in the circumstances.

 

These terms take effect on acceptance (see above) and continue until terminated by either party giving 30 days’ written notice to the other. If permitted by law and where we consider immediate termination necessary in the circumstances, we may give you written notice to terminate these terms with immediate effect.

 

Intellectual property

All rights, title and interest in and to Gorjes, any software we provide for your use and any other materials we provide to you under or in connection with these terms are and shall at all times remain R – Cubed Technologies Ltd’s intellectual property (“Gorjes IP”). We grant you a limited, non-exclusive, non-transferrable, non-sublicensable, revocable licence to use the Gorjes IP in the country you operate in during the term of our agreement for the sole purpose of using the Gorjes Platform

 

You must not (and shall not permit any third party to): 

 

copy, adapt, reverse engineer, decompile, modify or make error corrections to any R – Cubed Technologies Ltd IP other than with our express prior written consent;

breach, disable, tamper with, or develop or use any workaround for any security measure in any R – Cubed Technologies Ltd IP or otherwise do anything that disrupts any R – Cubed Technologies Ltd IP, Gorjes or any person.

R – Cubed Technologies Ltd grants you a non-exclusive, royalty-free, non-sublicensable, non-transferable licence to use Deliveroo branding, which includes the “Gorjes” logo, name and/or website address for the Term  in the country you operate in to allow you to advertise Table Service at your sites. You must comply with any Gorjes policy issued from time to time.

 

You grant us and our affiliates a non-exclusive, royalty-free licence to use your branding which includes your logos, name and website address(es) for the Term  in the country you operate in. You warrant and undertake that your branding does not and will not infringe any third party intellectual property rights.  We can use your branding on the Gorjes Platform, for marketing purposes and as reasonably necessary to provide the Gorjes Platform and services.

 

Except for these limited licences:

 

R – Cubed Technologies Ltd retains ownership of and all rights in and to Gorjes branding; and

You retain ownership of and all rights in and to your branding.

We may collect data about your use of the Gorjes Platform. By using the Gorjes Platform you agree to us collecting and using this information. We may use this information for various purposes, including to improve, maintain, protect and develop our products, and to provide Services to you.

 

Legal terms

WE EXCLUDE ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE HAVE NO LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR SPECIAL DAMAGES OF ANY KIND OR FOR LOSS OF PROFITS, REVENUE OR BUSINESS ARISING OUT OF OR RELATING TO GORJES SERVICES, ORDERS PLACED BY CUSTOMERS USING THE GORJES PLATFORM OR THESE TERMS AND CONDITIONS.

 

THE GORJES PLATFORM IS PROVIDED AS-IS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE GORJES PLATFORM INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON INFRINGEMENT OF THIRD-PARTY RIGHTS.

 

These terms and conditions are the entire agreement between us in relation to the Gorjes platform. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.

 

A delay in enforcing these terms is not a waiver. If part of these terms is found to be illegal or unenforceable, the rest of the terms remain in force. These terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction in respect out of or in connection with these terms.

 

If you contract with R – Cubed Technologies Ltd , these terms are governed by the laws of England and Wales. If you contract with R – Cubed Technologies Ltd, the courts of England and Wales have exclusive jurisdiction in respect of any dispute or claim arising out of or in connection with these terms.

 

Data protection

 

We will each comply with our respective obligations set out in the Data Protection Schedule.

 

Data Protection Schedule

1. DEFINED TERMS

“Controller”, “Data Subject”, “Personal Data” and “processing” all have the meanings given to them in DP Laws (and related terms like “process” have corresponding meanings).

“Complaint” a notice, complaint or request relating to the obligations of either party under DP Laws that is relevant to the Protected Data.

“Data Subject Request” a Data Subject’s request to exercise their rights under DP Laws.

“DP Laws” any law, enactment, regulation, regulatory policy, by law, ordinance or subordinate legislation relating to the processing, privacy, and use of Personal Data, that applies to the Partner, Deliveroo and/or Table Service, including (a) any laws or regulations implementing EU Directives 95/46/EC (Data Protection Directive) or 2002/58/EC (ePrivacy Directive); and (b) the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and all relevant Member State laws giving effect to or corresponding with the GDPR, in each case, as in force and applicable.

“Protected Data” Personal Data received from or on behalf of the Customer for the purposes of placing a Gorjes Platform order.

“Supervisory Authority” any local, national or multinational agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for administering DP Laws.

 

2. USE OF PROTECTED DATA

We will give you the details of the customer’s Gorjes Platform order to allow you to process and fulfil it (“Order Info”).  You must not access or use any Order Info for any purpose other than the fulfilment of the Gorjes Platform order to which it relates in accordance with these terms.

We will also provide access to Protected Data at your request if you reasonably require access to deal with a customer Complaint or respond to a Data Subject Request.

 

3. PROTECTED DATA OBLIGATIONS

The parties acknowledge and agree that, in respect of the Protected Data, each party is an independent controller. Each party shall comply with DP Laws and its obligations under this Schedule in connection with the access to and use of Protected Data.

Each party may deal at its discretion with all Data Subject Requests and Complaints that it receives directly from a Data Subject or the person making the Complaint.

Each party agrees to provide reasonable and prompt assistance to the other party as necessary to assist the other party to ensure compliance with its obligations under DP Laws and enable the other party to comply with Data Subject Requests and/or respond to other queries or Complaints received from Data Subjects or Supervisory Authorities, in each case related to the Protected Data.

To the extent permitted by law, you must not issue any public statement or notification about Protected Data without first obtaining R – Cubed Technologies Ltd’s consent.

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