Terms of Service

1. Acceptance of Terms

By accessing or using ServeNest, including our platform, software, websites, applications, tools, and related services collectively referred to as the “Platform”, you agree to be legally bound by these Terms of Service “Terms”.

In these Terms, “you”, “your”, or “User” refers to any person or business using the Platform, including restaurants, takeaways, food businesses, administrators, staff members, and customers where applicable.

If you do not agree with these Terms, you must stop using the Platform immediately. Your continued use of the Platform means that you accept these Terms, including any future updates.

2. Nature of Service — SaaS Platform Only

ServeNest provides a software-as-a-service technology platform only.

We are not a restaurant, takeaway, food business, food preparation provider, delivery company, or payment processor. We do not prepare, sell, deliver, inspect, verify, or control any food, drink, menu item, order, delivery, collection, or service offered by businesses using the Platform.

We accept no responsibility for:

• the preparation, quality, safety, suitability, legality, or availability of any food or drink listed or sold through the Platform;
• the accuracy of menus, prices, descriptions, ingredients, allergen information, images, availability, or offers;
• the acceptance, rejection, preparation, fulfilment, cancellation, delivery, or collection of any order;
• the conduct, acts, omissions, delays, mistakes, or failures of any restaurant, takeaway, food business, or merchant using the Platform;
• any promises, representations, warranties, or statements made by merchants to their customers.

All responsibility for food safety, allergen information, hygiene compliance, licensing, menu accuracy, order fulfilment, refunds, customer service, and legal compliance rests solely with the relevant merchant.

3. Platform Provided “As Is”

To the maximum extent permitted by law, the Platform is provided on an “as is” and “as available” basis.

We make no warranties, guarantees, or representations that:

• the Platform will always be available, uninterrupted, secure, error-free, or free from defects;
• the Platform will meet your specific business needs or expectations;
• any data, content, reports, analytics, order information, or system output will always be accurate, complete, reliable, or up to date;
• any bugs, errors, faults, or defects will be corrected;
• the Platform will be free from viruses, harmful components, unauthorised access, or security incidents.

You use the Platform at your own risk. We may suspend, withdraw, restrict, modify, or discontinue all or part of the Platform at any time without notice and without liability, except where required by law.

4. Merchant Responsibilities

If you use the Platform as a merchant, restaurant, takeaway, food business, administrator, or staff member, you are solely responsible for:

• ensuring your business complies with all applicable laws, regulations, licensing requirements, food hygiene rules, food safety standards, allergen information requirements, consumer protection rules, and tax obligations;
• ensuring all menu items, descriptions, prices, images, ingredients, allergen information, dietary labels, availability, delivery areas, opening hours, and business details are accurate, complete, lawful, and not misleading;
• managing orders, cancellations, refunds, disputes, complaints, substitutions, unavailable items, delays, delivery, and collection;
• maintaining your own insurance, licences, registrations, and permissions required to operate your business;
• ensuring staff access, permissions, account credentials, and internal processes are properly managed;
• any activity carried out through your account.

You agree that ServeNest is not responsible for any fines, penalties, complaints, claims, investigations, losses, or legal proceedings arising from your failure to comply with applicable law or your use of the Platform.

5. Customer Responsibility and Merchant Relationship

Customers using a merchant’s online ordering page understand that all orders are placed directly with the relevant merchant.

ServeNest is not a party to the sale of food, drink, or other goods between the customer and the merchant. The merchant is solely responsible for accepting, preparing, fulfilling, delivering, or making orders available for collection.

Any issue relating to an order, including quality, missing items, incorrect items, allergens, delays, cancellations, refunds, or customer complaints, must be raised directly with the relevant merchant.

6. Orders and Payments

All orders placed through the Platform are transactions between the customer and the relevant merchant.

We are not responsible for:

• a merchant accepting, rejecting, cancelling, delaying, or failing to fulfil an order;
• incorrect prices, unavailable items, or menu mistakes;
• unauthorised transactions, chargebacks, payment disputes, fraud, failed payments, or payment processing delays;
• losses caused by payment processor errors, banking issues, card network issues, or third-party payment services.

Where payment processing is provided through a third-party payment provider, such as Stripe or another payment processor, the use of that service may be subject to the provider’s own terms, policies, fees, and requirements.

7. Delivery and Collection

Delivery and collection times displayed on the Platform are estimates only. They may be provided or controlled by the merchant and are not guaranteed by ServeNest.

We accept no liability for:

• late deliveries;
• failed deliveries;
• incorrect addresses;
• missing orders;
• customer unavailability;
• driver issues;
• delays caused by the merchant, customer, delivery provider, weather, traffic, or other circumstances outside our control.

All delivery and collection obligations rest solely with the relevant merchant.

8. Returns, Refunds, and Complaints

Due to the perishable nature of food and drink, returns may not be accepted unless required by law or agreed by the merchant.

All complaints, refund requests, replacement requests, chargeback issues, or order disputes must be handled directly between the customer and the relevant merchant.

ServeNest is not responsible for resolving order disputes and does not guarantee that any merchant will provide a refund, replacement, discount, or other remedy.

We may, at our sole discretion, help facilitate communication between a customer and a merchant, but we are not required to do so and accept no liability for doing so.

9. Account Security

You are responsible for keeping your account login details secure.

You must not:

• share your account credentials with unauthorised persons;
• allow unauthorised access to your account;
• misuse the Platform;
• attempt to bypass security controls;
• interfere with the operation, integrity, or security of the Platform;
• upload malicious code, harmful content, or unlawful material.

You are responsible for all activity carried out under your account unless caused directly by our gross negligence or wilful misconduct.

10. Data, Content, and Platform Information

You remain responsible for all content, data, files, images, menus, prices, business information, and customer-facing information that you upload, publish, store, or manage through the Platform.

You confirm that you have the necessary rights, permissions, and legal basis to use and upload such content.

We do not verify, approve, endorse, or guarantee the accuracy, legality, completeness, or reliability of merchant-provided content.

We may remove, restrict, or disable access to content if we believe it breaches these Terms, applicable law, third-party rights, or creates risk to the Platform or its users.

11. Third-Party Services

The Platform may integrate with or link to third-party services, including payment processors, email providers, SMS providers, analytics tools, hosting providers, delivery services, map services, and other external systems.

We do not control third-party services and are not responsible for their availability, performance, accuracy, security, fees, terms, policies, or failures.

Your use of third-party services may be subject to separate terms and conditions provided by those third parties.

12. Service Availability, Maintenance, and Changes

We do not guarantee that the Platform will be available at all times.

The Platform may be unavailable due to maintenance, updates, technical issues, security incidents, hosting failures, internet problems, third-party service failures, or events outside our reasonable control.

We may update, change, suspend, restrict, or discontinue any part of the Platform at any time. We are not liable for any loss, inconvenience, business interruption, data loss, missed orders, or reduced revenue caused by Platform unavailability, modification, or interruption.

13. Subscription, Fees, and Billing

Where a merchant uses a paid ServeNest subscription or paid feature, the merchant agrees to pay all applicable fees in accordance with the pricing, billing cycle, and payment terms made available at the time of subscription.

Fees may be charged in advance or on a recurring basis, depending on the selected plan.

Unless stated otherwise:

• subscription fees are non-refundable;
• failure to pay may result in suspension or termination of access;
• prices may change with notice where required;
• merchants remain responsible for any payment processor fees, chargebacks, taxes, or other applicable costs.

We may suspend or restrict access to the Platform if payment fails, a subscription expires, or billing information is invalid.

14. Indemnification

You agree to indemnify, defend, and hold harmless ServeNest, its owners, directors, officers, employees, contractors, agents, affiliates, and service providers from and against any claims, liabilities, damages, losses, costs, expenses, demands, fines, penalties, or legal fees arising out of or connected with:

• your use or misuse of the Platform;
• your breach of these Terms;
• your breach of any law, regulation, licence, or third-party right;
• any content, data, menu, allergen information, pricing, image, or business information you provide;
• any food, drink, goods, services, orders, deliveries, collections, refunds, or customer disputes connected to your business;
• any claim brought by a customer, regulator, authority, payment provider, or third party relating to your business.

15. Limitation of Liability

To the maximum extent permitted by law, ServeNest shall not be liable for:

• indirect, incidental, special, consequential, punitive, or exemplary losses;
• loss of profit, revenue, business, goodwill, reputation, opportunity, data, orders, or customers;
• business interruption;
• payment disputes, chargebacks, fraud, or unauthorised transactions;
• customer complaints or merchant disputes;
• food safety, allergen, hygiene, licensing, or regulatory issues;
• downtime, system errors, data loss, unauthorised access, or third-party service failures;
• events outside our reasonable control.

Our total aggregate liability under or in connection with these Terms shall not exceed the total fees paid by you to us in the three months immediately before the event giving rise to the claim.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under the laws of England and Wales.

16. Suspension and Termination

We may suspend, restrict, or terminate your access to the Platform at any time if:

• you breach these Terms;
• payment fails or your subscription is cancelled;
• we believe your use of the Platform creates legal, security, reputational, operational, or financial risk;
• you misuse the Platform;
• we are required to do so by law, regulation, authority, or court order;
• we decide to discontinue the Platform or any part of it.

Upon termination, your right to use the Platform will immediately stop. We are not liable for any loss caused by suspension or termination, except where required by law.

17. Intellectual Property

All intellectual property rights in the Platform, including software, code, design, layout, branding, features, workflows, documentation, and system functionality, belong to ServeNest or its licensors.

You are granted a limited, non-exclusive, non-transferable, revocable right to use the Platform in accordance with these Terms.

You must not copy, modify, reverse engineer, reproduce, resell, license, distribute, or create derivative works from the Platform unless expressly permitted in writing.

18. Privacy and Data Protection

Use of the Platform may involve the processing of personal data.

Merchants are responsible for ensuring they comply with applicable data protection laws when collecting, using, storing, or processing customer and staff information through the Platform.

Where applicable, our handling of personal data will be described in our Privacy Policy or other relevant data protection documentation.

19. Changes to These Terms

We may update or modify these Terms from time to time.

When changes are made, we will update the “Last updated” date. Where required by law or where changes are significant, we may provide additional notice.

Your continued use of the Platform after changes are posted means that you accept the updated Terms.

20. Governing Law and Jurisdiction

These Terms are governed by and interpreted in accordance with the laws of England and Wales.

Any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

21. Contact

If you have any questions about these Terms, please contact us using the contact details provided on the Platform.