General Terms of Use
General Terms of Use
General Terms of Use

Terms of Services – Pay at Table

Last updated: July 2022

The following terms of services (“Terms“) constitute a legal agreement between you (“you” or “your“) and Sunday (“Sunday,” “we,” or “us“) and govern your access to and use of our Services. By accessing and/or using our Services, you agree to these Terms and any other policies or terms referenced in the Services. You also acknowledge that you have read, understood and accepted our privacy policy (the “Privacy Policy“).

 

Sunday offers to improve the payment experience of your customers. Here are our services (“Services“).

By displaying our QR codes in your establishment, you allow your customers to benefit from the Sunday solution (the “Solution“):

  • Your customers will be able to access your menu of items via the QR code;
  • they will be able to pay their bill, tip, donate to an association and/or obtain a receipt of the payment transaction, all via the QR code. 

We will take care of: 

  • the integration of the Solution to your point of sale (“POS”) and/or to your aggregators and middlewares/software;
  • the creation of QR codes to be printed and displayed in your establishment;  
  • the payment transaction, in real time (which can be implemented and executed by a Payment Service Provider) at the end of which you will receive a notification; 
  • the troubleshooting as well as upgrading and maintenance of the Solution.

Sunday also provides you with a back-office virtual platform where you can: 

  • customize the interface that your customers access, 
  • add, remove or modify your menu and offers,
  • access all payments made via the Solution,
  • access analysis on the use and performance of the Solution

Section 1 – Definitions* 

  • « Anomaly » : any non-compliance of the Solution with the Documentation.
  • « Application » : the Sunday payment application that allows your customers to access the Solution. 
  • « Purchase Order » the document that you must sign in order to subscribe to the Services, thus enabling you to provide your customers with the Solution.
  • « Order » : an order placed by one of your customers in your Establishment(s).
  • « Client Account » : a client account allowing you to control the use of the Services for one or more of your Establishments. This account includes the possibility of giving different accesses to different people involved in your Establishment(s), according to your needs and the rights you wish to give them.
  • « Agreement » : Legal document that binds both parties and allows you to benefit from our Services and that aims at the execution of these Terms.
  • « Documentation » : means the documentation we provide to you setting out the terms and conditions of use of the Services. It is an integral part of our Terms.
  • « Data » : means all data that you provide to us in connection with the use of our Services. 
  • « Personal Data » : data directly or indirectly related to a natural person (e.g., identifier, name, identification number, location data, online identifier) that may be collected by us in the course of using our Services. 
  • « Establishment(s) » : any type of venue open to the public in which you offer food and/or beverage services (e.g. bar, festival, restaurant, food court, stadium, etc).
  • « Back-office platform » : The Sunday interface (consisting of a website) in Software as a Service (SaaS) mode , which we make available to you, and which, associated with the Application, allows you to access our Services.
  • « Intellectual Property Rights » any invention, patent, utility model right, copyright and related right, registered design, unregistered design right, trade mark, trade name, internet domain name, design right, design, service mark, database rights, topography rights, rights in get-up, rights in goodwill or to sue for passing off and any other rights of a similar nature or other industrial or intellectual property rights owned or used by Sunday in any part of the world whether or not any of the same is registered (or capable of registration), including applications and the right to apply for and be granted, extensions or renewals of, and rights to claim priority from, such rights and all equivalent or similar rights or protections which subsist now or will subsist in the future.
  • « Pre requirements » : technical prerequisites necessary for the installation of our Solution and Services.
  • « Payment Service Provider » : means a secure payment service provider that can handle the processing of transactions between you and your customers.  
  • « Beneficiary Companies » : a group of companies, which may belong to the same group or to the same franchise network, which benefit from the Services, and for which the you have obtained all the appropriate authorizations to subscribe to these Terms.

* For the sake of clarity, additional definitions appear in the body of the Terms, when they concern a particular Section.

Section 2 – What we offer 

2.1. Our Services are offered on a non-exclusive basis. 

2.2. With the exception of maintenance periods, our Services are accessible 24 hours a day, 7 days a week. In case of malfunction or interruption of the Services or of Anomalies and upon notification sent by email to support_uk@sundayapp.com, we will make our best efforts to restore the Services as soon as possible. For more details, please refer to our Documentation.

Section 3 – How to Subscribe

3.1. By signing an Agreement to use our Services, you agree to our Terms. Certain additional services may be subject to special terms and conditions, which shall form an inseparable whole with these Terms.

3.2. To use our Services, you must:

  • accept and comply with our Terms (including the Documentation), our Privacy Policy and the Purchase Order, provide the necessary documents, namely: (i) all relevant documents necessary to allow Sunday to comply with all relevant KYC, AML and other relevant regulatory requirements (including a certified copy of a passport or driving licence of two directors, and a bank or utility statement addressed to each director showing their respective home address (each less than 3 months old) and (ii) a copy of the identification document of the legal representative of the Client,
  • comply with the Pre requirements to ensure the technical compatibility of your equipment with our Solution. In the event of a change in your POS, you must inform us at least one (1) month in advance so that we can make the necessary technical adjustments, if possible. However, we reserve the right to terminate the Agreement in the event of a change of POS service or a change that is incompatible with the Pre requirements in accordance with Section 12.

3.3. Where applicable, you will need to contract with a Payment Service Provider approved by us. This is an essential technical requirement for the use of our Services. This subscription is at no additional cost. You must comply with your obligations to the Payment Service Provider, including its own terms and conditions of use. If you do not have a valid subscription with the Payment Service Provider, we will not be able to offer you our Services.

Section  4 – How to use our Services

4.1. Your access

You must create a Client Account and fill in all the updated information about your activity (Establishment(s), menus and prices, Beneficiary Companies, etc.). When you subscribe, we will send you a login. A temporary password is also sent to you. It is up to you to change it, if you wish, according to a minimum level of complexity required to ensure an optimal security. In order to ensure an appropriate level of security and to preserve the integrity of the Solution, the identifier and the password are personal to you and must not be communicated to anyone. In case of loss of a login, you should contact us as soon as possible so that we can provide you with new identifiers. 

You are in charge of determining which users will have access to all or part of the Client Account. Specific access to the Client Account will be created for them. You must ensure that these users comply with our Terms. 

We will not be liable for any damages that may result from your failure to comply with this section. 

4.2. Use of the Services and the Solution 

4.2.1. You must keep up to date the information relating to your business, your Establishment(s) and/or your menus. You must also provide and update information for your customers (including prices, menus, available products and allergens in your products). This completeness and updating is your sole responsibility.

4.2.2. The payment of the Orders can be done, in whole or in part, via our Application, at the choice of your customers, by bank card or restaurant check. You are informed of each payment made via our Application.

4.2.3. The fact that your customers choose to use our Application must not imply any additional billing or additional price. The use of the Application must remain free of charge for your customers.   

4.2.4. We will inform you, in real time, of the payments made, including the payment of the full price of the Order as well as any tips that may have been paid via the App.

Section 5 – Duration

5.1. The Agreement is entered into for an initial period of one (1) month (the “Initial Period“) from the date of execution of the Purchase Order.

5.2. After the Initial Period, the Agreement shall be tacitly renewed for equivalent periods of one (1) month (the “Renewal Periods“) until terminated by either Party. 

Termination shall be notified:

  • By Sunday, by any means with at least fifteen (15) days prior to the expiration of the Initial Term or any Renewal Term,
  • by yourself, at any time to Sunday and without minimum prior notice, by sending an e-mail to that effect at the following address: goodbye@sundayapp.com.

Section 6 – Fees

6.1. The Purchase Order details the fees to be charged by Sunday, which are, cumulatively, the following:  

  • for the activation of the Solution, a fixed amount (“Activation Fee“) will be deducted from the transactions carried out via the Application, until full payment;
  • for the use of our Services, a percentage of the amount of the transactions made via the Application (“Service Fee“). 

6.2. Our invoices will include (i) details of the transactions made through the Application at your Establishment(s) location(s), (ii) the amount of the Activation Fee and Service Fee paid to us for the past period, and (iii) the date on which the Service Fee for the past period was collected by Sunday. Our invoices are due and payable within thirty (30) days.

6.3. We may perform additional services for you. These services are carried out on the basis of a prior fee quote and are subject to additional invoicing.   

6.4. In case of question or disagreement concerning the invoicing, you can contact us at any time by email at support_uk@sundayapp.com. Complaints must be made within thirty (30) days of the date of receipt of the invoice. Otherwise, we will consider the invoice has your full agreement.

Section 7 – Property

7.1. Property of Sunday

7.1.1. We hold all rights, in particular all Intellectual Property Rights and authorizations relating to our website, brands, logos, domain names and other distinctive signs, to the Services, to the Solution (including the software and hardware infrastructure implemented or developed by our teams, namely our Application) and to its documentation, and more generally to the content that we may provide to you in the course of the Agreement. We grant you only a personal, non-assignable and non-transferable right to access and use the Solution and the Services, for the entire duration of the Agreement. This license is reserved solely for your use of the Solution and our Services, to the exclusion of all others. You are also authorized to reproduce our trademarks, solely in connection with the use of the Solution with your customers. Your subscription to our Services does not imply any transfer or assignment of these rights, of any kind, for any reason whatsoever. Any removal or modification of the proprietary notices within the Solution/Services is prohibited. Any unauthorized use of any of the elements listed in this article shall be considered as constituting an infringement and shall be prosecuted in accordance with the legal provisions in this regard.  

7.1.2. We guarantee to you that in the event of an action brought against you on the grounds that our trademarks, Services, Solutions and programs made available to you constitute an infringement of the intellectual property rights of third parties we will indemnify you in the event of a final judgment resulting in an infringement. We do not give any other guarantee. In particular, we do not warrant (i) that the Services will be error-free and/or available on an uninterrupted basis or that Sunday will be able to correct all errors in the Services, (ii) that the Services will work in combination with your content or applications or with any other hardware, software, systems, services or data not provided by Sunday.

7.2. Your property rights 

7.2.1. You are the owner of the Data and of the existing rights on the information relating to your activity that you communicate as well as the materials that you produce within the framework of the use of the Services. In particular, you are the sole owner of the existing rights on your menu, your logos and brands, your graphic design and/or the photographs and content that you communicate to us.

7.2.2. You grant us a non-exclusive right to reproduce and represent your trademarks, logos, designs, trade names, company names and more generally any other rights attached to the content that you communicate via the Solution, in order to integrate them into the Solution and the Services. You authorize us to reproduce and represent your trademarks, logos, designs, trade names, company names, and more generally any other rights attached as a reference, including in the context of marketing operations, on any medium and by any process of your choice, such as presentations, websites, brochures, etc., to any third party, regardless of the method of communication. 

7.2.3. You warrant that you have all the rights and authorizations required to subscribe to our Services, use our Solution and upload your content. You indemnify us, in particular, against any action, request or claim that would be made by any third party to whom your trademarks, logos, menus, and more generally, all content that you can communicate or upload to the Solution, would infringe. You also guarantee us against all damages resulting from the content that you may upload to the Solution. You agree to indemnify Sunday and to bear all defense and conviction costs, if any.

7.2.4. In order (i) to allow the functioning of the Solution and the Services, (ii) to allow you to follow in real time the payment of Orders by your customers in your Establishment(s), (iii) to provide you with statistical data in order to improve the management of your consumers and (iv) to improve our Services and our Solution, you expressly authorize us to access your POS and your aggregators/middlewares and to collect information relating to all the transactions carried out in your Establishment(s).

Section 8 – Liability

8.1. Each of the Parties is liable to the other for the performance of its obligations under the Terms and consequently undertakes to compensate the other Party for any foreseeable damage suffered as a direct result of any non-performance, partial performance or improper performance of its obligations. 

8.2. In particular, in the event of Sunday’s failure to fulfill its obligations, you will have the possibility to claim compensation for the direct and proven damage that you have suffered, excluding any indirect damage and in particular commercial damage, damage to your image, loss of opportunity, profits and earnings, etc. We shall not be liable, in any manner whatsoever or for any reason whatsoever, in the event of a breach by you, one of the Beneficiary Companies or one of your Establishments of these Terms and, in particular, in the event of non-compliant use of the Solution and/or the Services and/or the materials and content that may be made available to you. In any event, if Sunday’s liability were to be established and incurred, it would be expressly limited to the total of the amounts, excluding taxes, that we would have invoiced you for the twelve (12) months preceding the claim on the Establishment(s) concerned.

8.3. You are solely responsible:

  • For complying with the Terms, as well as with any special conditions, additional terms and the Documentation,
  • updating the Data that you communicate to us, whether they relate to your activity, to that of your Establishment(s) or to the Beneficiary Companies, 
  • for obtaining all the appropriate authorizations to carry out your activity and allow the Beneficiary Companies or your Establishment(s) to benefit from the Solution and the Services,
  • in the event of identity theft, fraud, unauthorized use of your Client Account, or in the event of misappropriation by a third party of the data in said account to use the Solution, as a consequence of  any breach by you of the Terms,
  • for the placing of and compliance with Orders placed by your customers. We only provide a tool to facilitate the processing of transactions. We do not intervene in the catering service that you offer to your customers. You are therefore solely responsible for the conditions under which the catering services are offered (including, in particular, the updating of your menus, the availability of products, the quality of the products and services that you offer, the progress of the Order placement, the display of the allergens for your products) as well as for the follow-up of the payments and the customer relationship. Sunday is not responsible for the conclusion and/or proper execution of the Order between you and your customers, nor for the validity or accuracy of the payment made by your customers, 
  • for all content that you may include in the Solution, including links to third-party websites to which you may wish to refer for the presentation of your business. You are responsible in this respect, both to Sunday and to any third party,
  • to comply with all applicable regulations, in particular, in terms of product safety, health rules and consumer law. In this respect, you are, in particular, solely responsible for communicating exhaustive information, and keeping it up to date, relating to the list of ingredients, allergens or calories that may be present in the products that you offer to your customers, in accordance with the regulations applicable at the time the Order is placed by them,
  • where applicable, to comply with the general terms and conditions of sale and other contractual documents imposed by a Payment Service Provider, 
  • all tax and social security consequences resulting from the use of the Solution and the associated Services with respect to any third party and any administrative or public authority. In addition, you warrant to Sunday that you operate your business in accordance with applicable laws and regulations and in particular that you assume and are solely responsible for any consequences in the event of failure to comply with good hygiene practices and Hazard analysis and critical control points (“HACCP”) principles.

As such, you agree to hold Sunday harmless from any dispute, challenge, damage or injury that may arise from this section.

8.4. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Agreement. Except as expressly stated, all terms, conditions, representations, and warranties (whether implied by statute, course of conduct, or otherwise) are hereby excluded to the fullest extent permitted by law.

8.5. Finally, the Solution implies an Internet connection within your Establishment(s). You are informed and aware of the hazards of the Internet. We shall not be held responsible for the consequences of any Internet connection problem.

As such, you agree to hold Sunday harmless from any dispute, challenge, damage or injury that may arise from this section.

Section 9 – Personal Data

You and we undertake that the processing of Personal Data carried out in the context of our relationship shall comply with the applicable regulations in this regard and in particular with the provisions of the UK Data Protection Act 2018 as amended (“Data Protection Act“) as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on data protection, which entered into force on May 25, 2018 (“GDPR“) (hereinafter together the “Regulation“). The Parties undertake to implement all appropriate technical and organizational measures so that the processing of Data meets the requirements of the Regulation and guarantees the protection of the data subject’s rights. In this respect, each Party will communicate to the other all documents and personal data policies governing its activity.

Section 10 – Confidentiality 

10.1. The following in particular shall be considered confidential: information relating to the Solution, the Services, know-how, commercial, industrial or organizational strategy, prospects, financial data and any information contained in documents marked “confidential” or whose confidential nature was indicated in writing at the time of their communication or which are confidential in nature (the “Confidential Information“). Subject to Section 7, each of the Parties agrees, both during the performance of the Terms and for a period of five (5) years after its expiration for any reason whatsoever, to keep the Confidential Information secret.

Consequently, each party undertakes to the other during this period to: 

  • to communicate the Agreement only to those members of its staff who need to know about it for the exclusive purposes of the Services. In this respect, each party shall ensure that the members of its staff, their representatives and their external service providers comply with this section; 
  • take the measures it takes with respect to its own confidential information to prevent its communication or disclosure to third parties. 

10.2. This confidentiality obligation shall not apply to information that should be considered Confidential Information, but which the relevant Party can demonstrate:

  • It was already in its possession, its staff, representatives, agents or service providers on the day of their disclosure by the other Party without the latter being bound by an obligation of confidentiality; 
  • it was already in the public domain on the day of its disclosure or became so after this date by other than its actions or that of its staff, its representatives, agents or contractors; 
  • That the information in question has been communicated on a non-confidential basis by a source other than the other Party, its personnel, representatives, agents or service providers who are not subject to any prohibition (in particular, legal or contractual) on revealing this information; 
  • It has been authorized in writing for disclosure by the other Party; 
  • It has been subject to a disclosure obligation based on, among other things, a law, regulation, order or judgment rendered by a judicial or administrative authority;
  •  that its disclosure is necessary for the preservation of its interests in judicial or administrative proceedings.

Section 11 – Insurance 

Each of the Parties to the Agreement shall be able to justify, at any time and upon request of the other Party, the subscription of a civil liability insurance policy, with a solvent and reputable insurance company, covering the risks resulting from all damages, whatever they may be, which could be caused to the other Party by itself or its employees within the framework of the execution of the Terms. You shall ensure that your Establishment(s) and/or the Beneficiary Companies comply with this obligation.

Section 12 – Termination of the Agreement

12.1. Termination for fault

The Agreement may be terminated in the event of breach of any of its obligations by either Party. It may also be terminated in the event that the Client changes a POS service that is not compatible with the Solution, in violation of the Pre requisites. The non-breaching Party will send the defaulting Party, by email, a formal notice to perform the obligation it is responsible for. The defaulting Party will then have a period of five (5) days from the receipt of the formal notice to perform the obligation it is responsible for. If it fails to do so, the Agreement shall be terminated automatically and without prejudice to any damages that may be due to the non-breaching Party. 

12.2. Termination of the Agreement

Subject to the provisions of Section 12.1, the Parties may terminate the Agreement under the conditions set forth in Section 5. In the event of termination of the Agreement, for any reason whatsoever (Section 5 or Section 12.1), it is agreed that:

  • You will no longer be able to use the Services or the Solution and will cease to use all associated communication media.
  • Sunday will collect the Service Fees due to it on any payment made within your Establishment(s), via our Application between the notification of the termination of the Services and their effective suspension.

Section 13 – Force majeure

In case of force majeure, as defined by the law and jurisprudence in force in England and Wales, the responsibility of each Party shall be excluded. 

If, as a result of a case of force majeure, the Parties are forced to interrupt their relations, the performance of the Agreement shall be suspended for the time during which the Party is unable to perform its obligations. 

However, if this interruption is longer than fifteen (15) days, the Agreement may be terminated immediately and without notice by either Party without compensation on either side. 

Section 14 – Anti-corruption

The Parties undertake to, and shall ensure that all persons with whom they have any relationship for the performance of the Agreement (” Associated Person“), including, but not limited to, any employee, director, officer, agent, co-contractor, partner or subcontractor, shall comply, at all times, with all applicable anti-corruption laws, decrees, regulations, codes or regulatory guidelines, including the UK Bribery Act 2010, the so-called “Sapin II” Law of December 9, 2016 on transparency, the fight against corruption and the modernization of economic life, the United Kingdom Bribery Act 2010 and the United States Foreign Corrupt Practices Act (FCPA) (the “Applicable Provisions“) and shall not perform any act that may place the other Party in violation of the Applicable Provisions.

The Parties declare and warrant that neither it nor any Associated Person has violated or breached the Applicable Provisions or acted in such a manner as to place the other Party in breach of the Applicable Provisions.

Section 15 – Miscellaneous

15.1. As the Agreement has been entered into intuitu personae, it may not be assigned or transferred under any circumstances, nor may the rights and obligations contained therein be transferred to any person, in any form whatsoever, by either Party without the express, prior and written consent of the other Party. 

Nevertheless, each of the Parties shall be free to assign or transfer the Agreement, whether by sale of its business, partial contribution of assets, merger, absorption or transfer of shares, to any of its subsidiaries or affiliates, after written notification to the other Party. 

15.2. The personnel of each of the Parties assigned to the performance of the Agreement shall remain, under all circumstances, under the exclusive authority, direction and supervision of their employer. Consequently, such personnel shall continue to be subject to the statutes, collective agreements and management methods of their employer. They shall in no way be considered as employees of the other Party. 

15.3. The Parties are, and shall remain throughout the term of the Agreement, independent business partners and professionals, each assuming the risks of its own business and always acting as such. 

The Parties declare, as necessary, that the Agreement expressly excludes any desire on their part to create a company, association or any other structure whose purpose is to pool skills or share any profits in any form whatsoever or to enter into an agreement whose characteristic is to constitute a hierarchy between them or to establish any subordination of one to the other. 

15.4. Sunday represents and acknowledges that its activity for Client does not represent the entirety of its income. 

15.5. It is expressly agreed between the Parties that in case of invalidity of any of the provisions of the Agreement, the other provisions of the Agreement will remain in full force and effect. The Parties shall then negotiate a clause replacing the nullified clause and having the same economic effect. 

15.6. The failure of a Party to rely on any provision of the Agreement shall in no way constitute a precedent or a general waiver to rely on such provision or any other provision. 

15.7. Pursuant to the provisions of applicable law, the Parties expressly assume the risks associated with a change in circumstances unforeseeable at the time the Agreement was entered into, each Party being responsible for the related contingencies.

15.8. Any notification, formal notice and other notice served under the Agreement must, under penalty of being rendered null and void, be in writing and sent by registered letter with acknowledgement of receipt. They shall be addressed to the registered office of the Parties indicated at the time of conclusion of the Agreement. Any modification shall be notified to the other Party by registered letter with acknowledgement of receipt in order to be enforceable against it.

15.9. The Contracts (Rights of Third Parties) Act 1999 does not apply to the Agreement and no third party has any right to enforce or rely on any provision of the Agreement, except that Sunday may enforce the terms of the Agreement against the Client.

Section 16 – Applicable law – Jurisdiction 

The Agreement is subject to the laws of England and Wales, which shall be the sole applicable law. 

In the event of a dispute or claim arising from the Agreement, including, without limitation, its creation, validity, interpretation, performance and/or resolution, the Parties undertake to seek an amicable solution in good faith. 

If no amicable agreement is reached within 30 (thirty) days following notification of the dispute by the most diligent Party by registered letter with acknowledgement of receipt, any dispute between the Parties shall be submitted to the exclusive jurisdiction of the Courts of London.

 

 

 

Terms of Services – Order & Pay

Last updated: July 2022

The following terms of services (“Terms“) constitute a legal agreement between you (“you” or “your“) and Sunday (“Sunday,” “we,” or “us“) and govern your access to and use of our Services. By accessing and/or using our Services, you agree to these Terms and any other policies or terms referenced in the Services. You also acknowledge that you have read, understood and accepted our privacy policy (the “Privacy Policy“).

 

Sunday offers to improve the payment experience of your customers. Here are our services (“Services“).

By displaying our QR codes in your establishment, you allow your customers to benefit from the Sunday solution (the “Solution“):

  • Your customers will be able to access your menu of items via the QR code and place an Order;
  • they will also be able to be informed of the preparation of their Order;
  • they will be able to pay their bill, tip, donate to an association and/or obtain a receipt of the payment transaction, all via the QR code. 

We will take care of: 

  • the integration of the Solution to your point of sale (“POS”) and/or to your aggregators and middlewares/software;
  • the creation of QR codes to be printed and displayed in your establishment;  
  • the payment transaction, in real time (which can be implemented and executed by a Payment Service Provider) at the end of which you will receive a notification; 
  • the troubleshooting as well as upgrading and maintenance of the Solution.

Sunday also provides you with a back-office virtual platform where you can: 

  • customize the interface that your customers access, 
  • add, remove or modify your menu and offers,
  • access all payments made via the Solution,
  • access analysis on the use and performance of the Solution.

Section 1 – Definitions* 

  • « Anomaly » : any non-compliance of the Solution with the Documentation.
  • « Application » : the Sunday payment application that allows your customers to access the Solution. 
  • « Purchase Order » the document that you must sign in order to subscribe to the Services, thus enabling you to provide your customers with the Solution.
  • « Order » : an order placed by one of your customers in your Establishment(s).
  • « Client Account » : a client account allowing you to control the use of the Services for one or more of your Establishments. This account includes the possibility of giving different accesses to different people involved in your Establishment(s), according to your needs and the rights you wish to give them.
  • « Agreement » : Legal document that binds both parties and allows you to benefit from our Services and that aims at the execution of these Terms.
  • « Documentation » : means the documentation we provide to you setting out the terms and conditions of use of the Services. It is an integral part of our Terms.
  • « Data » : means all data that you provide to us in connection with the use of our Services. 
  • « Personal Data » : data directly or indirectly related to a natural person (e.g., identifier, name, identification number, location data, online identifier) that may be collected by us in the course of using our Services. 
  • « Establishment(s) » : any type of venue open to the public in which you offer food and/or beverage services (e.g. bar, festival, restaurant, food court, stadium, etc).
  • « Back-office platform » : The Sunday interface (consisting of a website) in Software as a Service (SaaS) mode , which we make available to you, and which, associated with the Application, allows you to access our Services.
  • « Intellectual Property Rights » any invention, patent, utility model right, copyright and related right, registered design, unregistered design right, trade mark, trade name, internet domain name, design right, design, service mark, database rights, topography rights, rights in get-up, rights in goodwill or to sue for passing off and any other rights of a similar nature or other industrial or intellectual property rights owned or used by Sunday in any part of the world whether or not any of the same is registered (or capable of registration), including applications and the right to apply for and be granted, extensions or renewals of, and rights to claim priority from, such rights and all equivalent or similar rights or protections which subsist now or will subsist in the future.
  • « Pre requirements » : technical prerequisites necessary for the installation of our Solution and Services.
  • « Payment Service Provider » : means a secure payment service provider that can handle the processing of transactions between you and your customers.  
  • « Beneficiary Companies » : a group of companies, which may belong to the same group or to the same franchise network, which benefit from the Services, and for which the you have obtained all the appropriate authorizations to subscribe to these Terms.

* For the sake of clarity, additional definitions appear in the body of the Terms, when they concern a particular Section.

Section 2 – What we offer 

2.1. Our Services are offered on a non-exclusive basis. 

2.2. With the exception of maintenance periods, our Services are accessible 24 hours a day, 7 days a week. In case of malfunction or interruption of the Services or of Anomalies and upon notification sent by email to support_uk@sundayapp.com, we will make our best efforts to restore the Services as soon as possible. For more details, please refer to our Documentation.

Section 3 – How to Subscribe

3.1. By signing an Agreement to use our Services, you agree to our Terms. Certain additional services may be subject to special terms and conditions, which shall form an inseparable whole with these Terms.

3.2. To use our Services, you must:

  • accept and comply with our Terms (including the Documentation), our Privacy Policy and the Purchase Order, provide the necessary documents, namely: (i) all relevant documents necessary to allow Sunday to comply with all relevant KYC, AML and other relevant regulatory requirements (including a certified copy of a passport or driving licence of two directors, and a bank or utility statement addressed to each director showing their respective home address (each less than 3 months old) and (ii) a copy of the identification document of the legal representative of the Client,
  • comply with the Pre requirements to ensure the technical compatibility of your equipment with our Solution. In the event of a change in your POS, you must inform us at least one (1) month in advance so that we can make the necessary technical adjustments, if possible. However, we reserve the right to terminate the Agreement in the event of a change of POS service or a change that is incompatible with the Pre requirements in accordance with Section 12.

3.3. Where applicable, you will need to contract with a Payment Service Provider approved by us. This is an essential technical requirement for the use of our Services. This subscription is at no additional cost. You must comply with your obligations to the Payment Service Provider, including its own terms and conditions of use. If you do not have a valid subscription with the Payment Service Provider, we will not be able to offer you our Services.

Section  4 – How to use our Services

4.1. Your access

You must create a Client Account and fill in all the updated information about your activity (Establishment(s), menus and prices, Beneficiary Companies, etc.). When you subscribe, we will send you a login. A temporary password is also sent to you. It is up to you to change it, if you wish, according to a minimum level of complexity required to ensure an optimal security. In order to ensure an appropriate level of security and to preserve the integrity of the Solution, the identifier and the password are personal to you and must not be communicated to anyone. In case of loss of a login, you should contact us as soon as possible so that we can provide you with new identifiers. 

You are in charge of determining which users will have access to all or part of the Client Account. Specific access to the Client Account will be created for them. You must ensure that these users comply with our Terms. 

We will not be liable for any damages that may result from your failure to comply with this section. 

4.2. Use of  the Services and the Solution 

4.2.1. You must keep up to date the information relating to your business, your Establishment(s) and/or your menus. You must also provide and update information for your customers (including prices, menus, available products and allergens in your products). This completeness and updating is your sole responsibility.

4.2.2. You are informed of each Order placed via our Application. You must fulfill the Orders according to the terms and conditions that you have configured in the back office and in accordance with the rules, including sanitary rules, that apply to your business.

4.2.3. The payment of the Orders can be done, in whole or in part, via our Application, at the choice of your customers, by bank card or restaurant check. You are informed of each payment made via our Application.

4.2.4. The fact that your customers choose to use our Application must not imply any additional billing or additional price. The use of the Application must remain free of charge for your customers.   

4.2.5. We will inform you, in real time, of the payments made, including the payment of the full price of the Order as well as any tips that may have been paid via the App.

Section 5 – Duration

5.1. The Agreement is entered into for an initial period of one (1) month (the “Initial Period“) from the date of execution of the Purchase Order.

5.2. After the Initial Period, the Agreement shall be tacitly renewed for equivalent periods of one (1) month (the “Renewal Periods“) until terminated by either Party. 

Termination shall be notified:

  • By Sunday, by any means with at least fifteen (15) days prior to the expiration of the Initial Term or any Renewal Term,
  • by yourself, at any time to Sunday and without minimum prior notice, by sending an e-mail to that effect at the following address: goodbye@sundayapp.com.

Section 6 – Fees

6.1. The Purchase Order details the fees to be charged by Sunday, which are, cumulatively, the following:  

  • for the activation of the Solution, a fixed amount (“Activation Fee“) will be deducted from the transactions carried out via the Application, until full payment;
  • for the use of our Services, a percentage of the amount of the transactions made via the Application (“Service Fee“) and an SMS fee for each SMS sent to your customers in connection with the Order (“SMS Fees“). 

6.2. Our invoices will include (i) details of the transactions made through the Application at your Establishment(s) location(s), (ii) the amount of the Activation Fee, Service Fee and SMS Fees paid to us for the past period, and (iii) the date on which the Service Fee and the SMS Fees for the past period were collected by Sunday. Our invoices are due and payable within thirty (30) days.

6.3. We may perform additional services for you. These services are carried out on the basis of a prior fee quote and are subject to additional invoicing.   

6.4. In case of question or disagreement concerning the invoicing, you can contact us at any time by email at support_uk@sundayapp.com. Complaints must be made within thirty (30) days of the date of receipt of the invoice. Otherwise, we will consider the invoice has your full agreement.

Section 7 – Property

7.1. Property of Sunday

7.1.1. We hold all rights, in particular all Intellectual Property Rights and authorizations relating to our website, brands, logos, domain names and other distinctive signs, to the Services, to the Solution (including the software and hardware infrastructure implemented or developed by our teams, namely our Application) and to its documentation, and more generally to the content that we may provide to you in the course of the Agreement. We grant you only a personal, non-assignable and non-transferable right to access and use the Solution and the Services, for the entire duration of the Agreement. This license is reserved solely for your use of the Solution and our Services, to the exclusion of all others. You are also authorized to reproduce our trademarks, solely in connection with the use of the Solution with your customers. Your subscription to our Services does not imply any transfer or assignment of these rights, of any kind, for any reason whatsoever. Any removal or modification of the proprietary notices within the Solution/Services is prohibited. Any unauthorized use of any of the elements listed in this article shall be considered as constituting an infringement and shall be prosecuted in accordance with the legal provisions in this regard.  

7.1.2. We guarantee to you that in the event of an action brought against you on the grounds that our trademarks, Services, Solutions and programs made available to you constitute an infringement of the intellectual property rights of third parties we will indemnify you in the event of a final judgment resulting in an infringement. We do not give any other guarantee. In particular, we do not warrant (i) that the Services will be error-free and/or available on an uninterrupted basis or that Sunday will be able to correct all errors in the Services, (ii) that the Services will work in combination with your content or applications or with any other hardware, software, systems, services or data not provided by Sunday.

7.2. Your property rights 

7.2.1. You are the owner of the Data and of the existing rights on the information relating to your activity that you communicate as well as the materials that you produce within the framework of the use of the Services. In particular, you are the sole owner of the existing rights on your menu, your logos and brands, your graphic design and/or the photographs and content that you communicate to us.

7.2.2. You grant us a non-exclusive right to reproduce and represent your trademarks, logos, designs, trade names, company names and more generally any other rights attached to the content that you communicate via the Solution, in order to integrate them into the Solution and the Services. You authorize us to reproduce and represent your trademarks, logos, designs, trade names, company names, and more generally any other rights attached as a reference, including in the context of marketing operations, on any medium and by any process of your choice, such as presentations, websites, brochures, etc., to any third party, regardless of the method of communication. 

7.2.3. You warrant that you have all the rights and authorizations required to subscribe to our Services, use our Solution and upload your content. You indemnify us, in particular, against any action, request or claim that would be made by any third party to whom your trademarks, logos, menus, and more generally, all content that you can communicate or upload to the Solution, would infringe. You also guarantee us against all damages resulting from the content that you may upload to the Solution. You agree to indemnify Sunday and to bear all defense and conviction costs, if any.

7.2.4. In order (i) to allow the functioning of the Solution and the Services, (ii) to allow you to follow in real time the payment of Orders by your customers in your Establishment(s), (iii) to provide you with statistical data in order to improve the management of your consumers and (iv) to improve our Services and our Solution, you expressly authorize us to access your POS and your aggregators/middlewares and to collect information relating to the transactions carried out through the Services in your Establishment(s).

Section 8 – Liability

8.1. Each of the Parties is liable to the other for the performance of its obligations under the Terms and consequently undertakes to compensate the other Party for any foreseeable damage suffered as a direct result of any non-performance, partial performance or improper performance of its obligations. 

8.2. In particular, in the event of Sunday’s failure to fulfill its obligations, you will have the possibility to claim compensation for the direct and proven damage that you have suffered, excluding any indirect damage and in particular commercial damage, damage to your image, loss of opportunity, profits and earnings, etc. We shall not be liable, in any manner whatsoever or for any reason whatsoever, in the event of a breach by you, one of the Beneficiary Companies or one of your Establishments of these Terms and, in particular, in the event of non-compliant use of the Solution and/or the Services and/or the materials and content that may be made available to you. In any event, if Sunday’s liability were to be established and incurred, it would be expressly limited to the total of the amounts, excluding taxes, that we would have invoiced you for the twelve (12) months preceding the claim on the Establishment(s) concerned.

8.3. You are solely responsible:

  • For complying with the Terms, as well as with any special conditions, additional terms and the Documentation,
  • updating the Data that you communicate to us, whether they relate to your activity, to that of your Establishment(s) or to the Beneficiary Companies, 
  • for obtaining all the appropriate authorizations to carry out your activity and allow the Beneficiary Companies or your Establishment(s) to benefit from the Solution and the Services,
  • in the event of identity theft, fraud, unauthorized use of your Client Account, or in the event of misappropriation by a third party of the data in said account to use the Solution, as a consequence of  any breach by you of the Terms,
  • for the placing of and compliance with Orders placed by your customers via the Application. We only provide a tool to facilitate order taking, order tracking and the processing of transactions. We do not intervene in the catering service that you offer to your customers. You are therefore solely responsible for the conditions under which the catering services are offered (including, in particular, the updating of your menus, the availability of products, the quality of the products and services that you offer, the progress of the Order placement, the display of the allergens for your products) as well as for the follow-up of the payments and the customer relationship. Sunday is not responsible for the conclusion and/or proper execution of the Order between you and your customers, nor for the validity or accuracy of the payment made by your customers 
  • for all content that you may include in the Solution, including links to third-party websites to which you may wish to refer for the presentation of your business. You are responsible in this respect, both to Sunday and to any third party,
  • to comply with all applicable regulations, in particular, in terms of product safety, health rules and consumer law. In this respect, you are, in particular, solely responsible for communicating exhaustive information, and keeping it up to date, relating to the list of ingredients, allergens or calories that may be present in the products that you offer to your customers, in accordance with the regulations applicable at the time the Order is placed by them,
  • where applicable, to comply with the general terms and conditions of sale and other contractual documents imposed by a Payment Service Provider, 
  • all tax and social security consequences resulting from the use of the Solution and the associated Services with respect to any third party and any administrative or public authority. In addition, you warrant to Sunday that you operate your business in accordance with applicable laws and regulations and in particular that you assume and are solely responsible for any consequences in the event of failure to comply with good hygiene practices and Hazard analysis and critical control points (“HACCP”) principles.

As such, you agree to hold Sunday harmless from any dispute, challenge, damage or injury that may arise from this section.

8.4. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Agreement. Except as expressly stated, all terms, conditions, representations, and warranties (whether implied by statute, course of conduct, or otherwise) are hereby excluded to the fullest extent permitted by law.

8.5. Finally, the Solution implies an Internet connection within your Establishment(s). You are informed and aware of the hazards of the Internet. We shall not be held responsible for the consequences of any Internet connection problem.

As such, you agree to hold Sunday harmless from any dispute, challenge, damage or injury that may arise from this section.

Section 9 – Personal Data

You and we undertake that the processing of Personal Data carried out in the context of our relationship shall comply with the applicable regulations in this regard and in particular with the provisions of the UK Data Protection Act 2018 as amended (“Data Protection Act“) as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on data protection, which entered into force on May 25, 2018 (“GDPR“) (hereinafter together the “Regulation“). The Parties undertake to implement all appropriate technical and organizational measures so that the processing of Data meets the requirements of the Regulation and guarantees the protection of the data subject’s rights. In this respect, each Party will communicate to the other all documents and personal data policies governing its activity.

Section 10 – Confidentiality 

10.1. The following in particular shall be considered confidential: information relating to the Solution, the Services, know-how, commercial, industrial or organizational strategy, prospects, financial data and any information contained in documents marked “confidential” or whose confidential nature was indicated in writing at the time of their communication or which are confidential in nature (the “Confidential Information“). Subject to Section 7, each of the Parties agrees, both during the performance of the Terms and for a period of five (5) years after its expiration for any reason whatsoever, to keep the Confidential Information secret.

Consequently, each party undertakes to the other during this period to: 

  • to communicate the Agreement only to those members of its staff who need to know about it for the exclusive purposes of the Services. In this respect, each party shall ensure that the members of its staff, their representatives and their external service providers comply with this section; 
  • take the measures it takes with respect to its own confidential information to prevent its communication or disclosure to third parties. 

10.2. This confidentiality obligation shall not apply to information that should be considered Confidential Information, but which the relevant Party can demonstrate:

  • It was already in its possession, its staff, representatives, agents or service providers on the day of their disclosure by the other Party without the latter being bound by an obligation of confidentiality; 
  • it was already in the public domain on the day of its disclosure or became so after this date by other than its actions or that of its staff, its representatives, agents or contractors; 
  • That the information in question has been communicated on a non-confidential basis by a source other than the other Party, its personnel, representatives, agents or service providers who are not subject to any prohibition (in particular, legal or contractual) on revealing this information; 
  • It has been authorized in writing for disclosure by the other Party; 
  • It has been subject to a disclosure obligation based on, among other things, a law, regulation, order or judgment rendered by a judicial or administrative authority;
  •  that its disclosure is necessary for the preservation of its interests in judicial or administrative proceedings.

Section 11 – Insurance 

Each of the Parties to the Agreement shall be able to justify, at any time and upon request of the other Party, the subscription of a civil liability insurance policy, with a solvent and reputable insurance company, covering the risks resulting from all damages, whatever they may be, which could be caused to the other Party by itself or its employees within the framework of the execution of the Terms. You shall ensure that your Establishment(s) and/or the Beneficiary Companies comply with this obligation.

Section 12 – Termination of the Agreement

12.1. Termination for fault

The Agreement may be terminated in the event of breach of any of its obligations by either Party. It may also be terminated in the event that the Client changes a POS service that is not compatible with the Solution, in violation of the Pre requisites. The non-breaching Party will send the defaulting Party, by email, a formal notice to perform the obligation it is responsible for. The defaulting Party will then have a period of five (5) days from the receipt of the formal notice to perform the obligation it is responsible for. If it fails to do so, the Agreement shall be terminated automatically and without prejudice to any damages that may be due to the non-breaching Party. 

12.2. Termination of the Agreement

Subject to the provisions of Section 12.1, the Parties may terminate the Agreement under the conditions set forth in Section 5. In the event of termination of the Agreement, for any reason whatsoever (Section 5 or Section 12.1), it is agreed that:

  • You will no longer be able to use the Services or the Solution and will cease to use all associated communication media.
  • Sunday will collect the Service Fees due to it on any payment made within your Establishment(s), via our Application between the notification of the termination of the Services and their effective suspension.

Section 13 – Force majeure

In case of force majeure, as defined by the law and jurisprudence in force in England and Wales, the responsibility of each Party shall be excluded. 

If, as a result of a case of force majeure, the Parties are forced to interrupt their relations, the performance of the Agreement shall be suspended for the time during which the Party is unable to perform its obligations. 

However, if this interruption is longer than fifteen (15) days, the Agreement may be terminated immediately and without notice by either Party without compensation on either side. 

Section 14 – Anti-corruption

The Parties undertake to, and shall ensure that all persons with whom they have any relationship for the performance of the Agreement (” Associated Person“), including, but not limited to, any employee, director, officer, agent, co-contractor, partner or subcontractor, shall comply, at all times, with all applicable anti-corruption laws, decrees, regulations, codes or regulatory guidelines, including the UK Bribery Act 2010, the so-called “Sapin II” Law of December 9, 2016 on transparency, the fight against corruption and the modernization of economic life, the United Kingdom Bribery Act 2010 and the United States Foreign Corrupt Practices Act (FCPA) (the “Applicable Provisions“) and shall not perform any act that may place the other Party in violation of the Applicable Provisions.

The Parties declare and warrant that neither it nor any Associated Person has violated or breached the Applicable Provisions or acted in such a manner as to place the other Party in breach of the Applicable Provisions.

Section 15 – Miscellaneous

15.1. As the Agreement has been entered into intuitu personae, it may not be assigned or transferred under any circumstances, nor may the rights and obligations contained therein be transferred to any person, in any form whatsoever, by either Party without the express, prior and written consent of the other Party. 

Nevertheless, each of the Parties shall be free to assign or transfer the Agreement, whether by sale of its business, partial contribution of assets, merger, absorption or transfer of shares, to any of its subsidiaries or affiliates, after written notification to the other Party. 

15.2. The personnel of each of the Parties assigned to the performance of the Agreement shall remain, under all circumstances, under the exclusive authority, direction and supervision of their employer. Consequently, such personnel shall continue to be subject to the statutes, collective agreements and management methods of their employer. They shall in no way be considered as employees of the other Party.

15.3. The Parties are, and shall remain throughout the term of the Agreement, independent business partners and professionals, each assuming the risks of its own business and always acting as such. 

The Parties declare, as necessary, that the Agreement expressly excludes any desire on their part to create a company, association or any other structure whose purpose is to pool skills or share any profits in any form whatsoever or to enter into an agreement whose characteristic is to constitute a hierarchy between them or to establish any subordination of one to the other. 

15.4. Sunday represents and acknowledges that its activity for Client does not represent the entirety of its income. 

15.5. It is expressly agreed between the Parties that in case of invalidity of any of the provisions of the Agreement, the other provisions of the Agreement will remain in full force and effect. The Parties shall then negotiate a clause replacing the nullified clause and having the same economic effect. 

15.6. The failure of a Party to rely on any provision of the Agreement shall in no way constitute a precedent or a general waiver to rely on such provision or any other provision. 

15.7. Pursuant to the provisions of applicable law, the Parties expressly assume the risks associated with a change in circumstances unforeseeable at the time the Agreement was entered into, each Party being responsible for the related contingencies. 

15.8. Any notification, formal notice and other notice served under the Agreement must, under penalty of being rendered null and void, be in writing and sent by registered letter with acknowledgement of receipt. They shall be addressed to the registered office of the Parties indicated at the time of conclusion of the Agreement. Any modification shall be notified to the other Party by registered letter with acknowledgement of receipt in order to be enforceable against it.

15.9. The Contracts (Rights of Third Parties) Act 1999 does not apply to the Agreement and no third party has any right to enforce or rely on any provision of the Agreement, except that Sunday may enforce the terms of the Agreement against the Client.

Section 16 – Applicable law – Jurisdiction 

The Agreement is subject to the laws of England and Wales, which shall be the sole applicable law. 

In the event of a dispute or claim arising from the Agreement, including, without limitation, its creation, validity, interpretation, performance and/or resolution, the Parties undertake to seek an amicable solution in good faith.

If no amicable agreement is reached within 30 (thirty) days following notification of the dispute by the most diligent Party by registered letter with acknowledgement of receipt, any dispute between the Parties shall be submitted to the exclusive jurisdiction of the Courts of London.

 

 

 

User terms

last updated: March 2022

The Sunday App is an application (the “Application“) developed by our Sunday teams (“we” or “SUNDAY“), in order to simplify the placing of orders (the “Order“) and/or the payment of the bills within all the establishments using our services, whether it is a restaurant, a bar, a hotel, etc. (the “Establishment(s)“).

The purpose of these General Terms of Use (the “GTU“) is to define the conditions of our service offer (the “Service(s)“). The use of the Application and our Services is conditional upon the unreserved acceptance of our GTU and our Privacy Policy

Section 1 – Our services

By either displaying our QR codes or enabling other means of connection, an Establishment may allow you to benefit from some or all of the following Sunday Services (the “Services”):

  • access a menu of items and place an Order;
  • pay the bill, tip, donate to an association and/or obtain a receipt of a payment transaction;
  • leave a review of the Establishment.
  • Please follow the instructions in the Application to know how to use the Services provided.

 

1.1 Accessing a menu of items and Ordering

You may view the menu of an Establishment and place all or part of your Order directly via the Application.

You are solely responsible for reviewing the menu and checking that it is suitable to you, including with the staff of the Establishment.

 

1.2. Paying the bill

You may pay all or part of the bill via the Application, whether this Order was placed via the Application or directly with the staff of the Establishment.

You are solely responsible for checking the details of the Establishment’s bill provided to you by the Establishment to ensure that they are correct before you pay.

Payment of bills is made available by means authorized by the Establishment, which, depending on the markets, may include debit/credit card, online payment or meal vouchers.

By paying a bill, you agree to provide accurate information and to comply with the terms and conditions of your payment providers (credit card providers, prepaid corporate services, online payment systems, etc.) (if applicable). We will not be held responsible for your failure to comply with any of these obligations.

Once the bill is paid via the Application, all of the following information is provided to the relevant Establishment: (i) the payment of the table concerned, operated and recorded via the Application and (ii) your identity, namely your first and last name. You can access your receipt on our Application. You can also have it sent to you by email, to the address you have provided.

In case of failure of payment via the Application, the payment of the bill will have to be done directly with the Establishment.

 

1.3 Tipping

When paying the bill via the Application, you may be able to leave a tip for the service provided by the Establishment if you wish to do so. The amount you choose to tip will be added to your bill. You are solely responsible for the amount you tip the Establishment for their services.

1.4 Donating to an association

At the time of your payment, we may present some associations for you to consider donating an amount of your choosing if you wish to do so. In no case is it mandatory or necessary to make such a donation to use our Services.


The amount of the donation is automatically added to the total of the bill. One hundred percent (100%) of your donation will be transferred to the association.

1.5 Regarding reviews

You have the possibility to publish on the Application comments, testimonials and satisfaction ratings about the Establishment, the quality of its products and its service. These reviews are public and available to other users of the Application as well as to the Establishments concerned.

You hereby agree not to enter any content that is defamatory, derogatory, insulting, hateful or terrorist in nature, towards us, the Establishment, their staff or customers, or third parties, or that is likely to offend public order or morality or contravene the legal and regulatory provisions in force.

Sunday reserves the right to eliminate any content that does not follow the guidelines listed on this section or overall may be harmful to Sunday’s good name and reputation.

No compensation will be provided to you in exchange for submitting your review.

 

Section 2 – Your User Account

2.1 The creation of a user account on the Application is not mandatory to make payments via the Application, but is necessary to access some of our Services (the “User Account“).

Only one User Account is permitted per person. You agree to create only one User Account. Account sharing is not allowed. Don’t let another person use your account, and never share your personal information used in connection with your account, including but not limited to username, password, or bank card information.

The required information provided when filling in the registration form available on the Application (such as your name, first name, email address, telephone number, your means of payment, i.e. credit card or restaurant vouchers, etc.) must be accurate, complete and regularly updated.

You can change the information you have entered or terminate your User Account at any time and without condition, by going to the Application and following the procedure provided for this purpose.

2.2 Your User Account is strictly personal.

The access codes to your User Account are under your responsibility. They are strictly confidential and must not be communicated in any way whatsoever, to anyone.

In case of unauthorized use of your User Account or any breach of confidentiality and security of your means of identification, you must, without delay, inform us by sending an email to the following address: support-uk@sundayapp.com.

Not having the obligation and not having the technical means to verify the identities of people who register on the Application, we will not be responsible in case of usurpation of your identity. However, we will use our best efforts to assist you in case of difficulty.

Section 3 – Terms of Use of the Application and Services

3.1 Use of the Application requires a smartphone and an Internet connection. In order to ensure proper functioning of the Application, it is optimized for the latest versions of Android or iOS and requires activation and authorization of geolocation for its use on your terminal. All hardware and software necessary to access the Application and use the Services are at your expense.

Payment via our Application implies active means of payment and attached to a solvent account.

3.2 You agree to use the Application and the Services in a fair manner, in accordance with their purpose, the applicable legal and regulatory provisions, the GTU and the practices in force.

In this respect, you agree not to, in particular:

  • create fictitious profiles or use the User Account of others;
  • provide inaccurate information in the data collection forms of the Application and not regularly update the information in your User Account;
  • disseminate data, information or content on the Application contrary to the laws and regulations in force, public order or morality;
  • refer or create links to any content or information available on the Application without our express, written and prior consent;
  • use any information, content or data on the Application to provide a service that we deem, in our sole discretion, to be competitive with the Application;
  • sell, trade or monetize any information, content or data on the Application or Services without our express prior written consent
  • reverse engineer, decompile, disassemble, decipher or otherwise attempt to obtain the source code of any proprietary material used to provide all or any part of the Services on the Application;
  • use any manual or automated software or devices, robots or other means to access, explore, retrieve or index any page of the Application;
  • endanger or attempt to endanger the security of our sites or applications, including attempts to monitor, scan or test the vulnerability of any system or network or to breach security or authentication measures without express prior authorization
  • infringe or use any of our intellectual property rights;
  • simulate the appearance or operation of our sites or applications, for example by using a mirror effect;
  • directly or indirectly disrupt or interfere with the Application or Services, or impose a disproportionately large load on the Application’s infrastructure or attempt to transmit or activate computer viruses through or on the Application.

 

We reserve the right to restrict, suspend, modify, replace, deny access to, or delete, at our discretion and without notice, your User Account in the event of any use of the Services and/or the Application contrary to the GTU.

You will be solely responsible for any damages that may result from any breach of the above listed commitments and will indemnify Sunday from any action or damages that may result.

3.3 The Application may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions“) on or through the Application.

Any User Contribution you post to the Site (https://sundayapp.com/) or via the Application will be considered non-confidential and non-proprietary. By providing any User Contribution on the Application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that: (i) You own or control all rights in and to the User Contributions or have a license to do so; (ii) All of your User Contributions do and will comply with these GTU; (iii) You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Sunday or its affiliates, have full responsibility for such content.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Application.

3.4. We take claims of any infringement seriously. We will respond to notices of alleged infringement under applicable laws. If you believe any materials accessible on or from the Application infringe on your rights under applicable law, you may request removal of those materials (or access to them) from the Application by submitting written notification to our agent designated below.

If using the Application in the United States, in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated agent to receive infringement Notices is: support-uk@sundayapp.com.

Section 4 – Intellectual Property

4.1. Our rights

We hold all rights, including intellectual property rights, and authorizations, relating to all content of the Application and Services, including designs, text, graphics, images, photographs, illustrations, visuals, videos, information, logos, trademarks, designs, button icons, software, databases, audio files and other.

We grant you a limited, revocable, non-exclusive, non-transferable and strictly personal right of access to our Application and Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material related to the Application or the Services.

You acknowledge that the use of the Services and features of the Application does not entitle you to claim any intellectual property rights of any kind on all or part of them, no assignment or license being granted to you beyond the right of use provided herein.

Our name, the term “sunday,” our logo and all related names, logos, product and service names, designs, and slogans are trademarks of Sunday or its affiliates or licensors. You must not use such marks without the prior written permission from us. All other names, logos, product and service names, designs, and slogans found in the Application or Services are the trademarks of their respective owners.

Any use of all or part of the aforementioned elements, without our express, prior and written authorization and/or that of the Establishments, is strictly forbidden, under penalty of criminal and civil proceedings, subject to the exceptions provided for by the law and regulations in force.

4.2. Your rights

You have the ability to post reviews on the Application about the Establishments where you have used the Application and received our Services.

In the event that your reviews are likely to be protected by an intellectual property right, you warrant that you are the owner of the rights or have the necessary authorizations and you grant a non-exclusive license to Sunday. You hereby authorize Sunday to reproduce and communicate to the public your opinions on all media (in particular, digital – including our Site (www.https://sundayapp.com/), our social networks and our Application – or paper, on our promotional media – including our posters, flyers, etc.), solely for promotional and informational purposes, for the entire world and for the entire duration of the protection of the intellectual property right concerned. The non-exclusive nature of this license to use implies that you also have the right to exploit your intellectual property rights in parallel.

Section 5 – Liability

5.1. The conditions for the realization of the Orders (placing, follow-up, execution) are under the sole responsibility of the EstablishmentInstitution.

We only play a technical role in the context of your use of the Services and the Application and shall in no way act as a vendor of the products of an Establishment, as an employer or guarantor of an Establishment and/or as a guarantor for you.

You are required to organize with the Establishments the legal and financial conditions of your relations for which you will be the only ones responsible, in compliance with the applicable legal and regulatory conditions. Thus, we cannot be held responsible, in particular, for the failure of the Establishments by not complying with their obligations, for any damage caused to you by the products of the Establishments or to any third party, including in particular in the event of intoxication, for any prejudice resulting from your fault or that of an Establishment, or from an event attributable to a third party or to a case of force majeure.

5.2. The information relating to the Establishments (menus, allergens, product availability, conditions of service and any other offers, graphics and photographs illustrating the products of the Establishments, link to a third party site set up by the Establishment) has been communicated by the Establishment where the Order is placed, under its sole responsibility. We do not verify or control this information. We cannot guarantee that this information is complete and up-to-date. It is your responsibility to request any confirmation or additional information directly from the Establishment.

In case of difficulty encountered with an Establishment, we naturally remain at your disposal. To do so, you can contact us through our support mechanisms at our Application or website (https://sundayapp.com/).

5.3. You are solely responsible for the consequences of your use of the Application and of our Services. You are responsible for ensuring that your use of the Application and our Services complies with the legal and regulatory provisions in force as well as with the GTU. We do not give you any guarantee in this respect.

You are also solely responsible for the notices you may leave on our Application. You release us from any action, claim, condemnation or eviction relating to your use of the Application and/or the Services, for any reason whatsoever, in particular on the basis of the infringement of third-party rights or unfair competition, in any country whatsoever. In such a case, you agree to provide any assistance necessary for our defence. In addition, you agree to assume the full cost of any judgment rendered against us, and all costs, expenses, and attorney’s fees that may result for us. More generally, you agree to fully indemnify us for any direct economic and financial consequences that may result.

5.4. You are reminded that the notices you publish are public and communicated to other users of the Application as well as to the Establishments, which you accept.

5.5. You may not blame us for the non-receipt or loss of data transmitted on the Application, on any grounds whatsoever and for any reason whatsoever, and you must ensure that you keep a backup of such data.

5.6. In any event, under no circumstances shall we be liable for any indirect or consequential loss or damage to you or any third party, including without limitation any lost profits, inaccuracy or corruption of files or data or loss of opportunity in connection with the GTU on any basis whatsoever.

5.7. We shall not be liable for any delay in the performance or non-performance of the GTUs justified by a case of force majeure, as defined by the applicable laws.

5.8. Finally, you are aware of the technical hazards and access interruptions that may occur on the Application and more generally related to the Internet. Consequently, we cannot be held responsible for the unavailability or slowdown of the Services and/or the Application.
 

Section 6 – Legal Notice

The Application is created, upgraded, managed and published by Sunday App, Inc. PBC, whose principal place of business is located 305 Delmont Drive, N.E. Atlanta, GA 30305 (USA), represented by Mr. Victor LUGGER, in his capacity as President.

Email address : support-uk@sundayapp.com

Section 7 – Modifications

We reserve the right to modify, supplement or replace the GTU, in which case we will notify you accordingly by way of publishing the new GTU on our SIte or within the Application. Your continuous use of our Application and Services shall be deemed as your acceptance of these changes.

Section 8 – Applicable law – Jurisdiction – Consumer dispute resolution

8.1. These Terms shall be exclusively governed by and construed in accordance with the laws of the Delaware (USA), excluding its conflict of law rules, unless, if you are located in the European Union, the consumer protection regulations of your country of residence contains provisions that are more advantageous to you, in which case those provisions will apply.

8.2. In the event of any dispute or claim relating to the GTU, including without limitation, their formation, validity, interpretation, performance and/or resolution, you and we agree to seek in good faith, an amicable solution. In the absence of an amicable agreement within 30 (thirty) days following notification of the dispute by the most diligent party by registered letter with acknowledgement of receipt, any dispute between the Parties will be subject to the exclusive jurisdiction of the Courts of the Delaware (USA), subject to the mandatory provisions applicable when you are a consumer.

To do so, you can send us any possible complaint by email : support-uk@sundayapp.com, or by mail to the following address: 305 Delmont Drive, N.E. Atlanta, GA 30305 (USA).

8.3. When you are a consumer, and in case of a complaint not resolved amicably with us, you can submit the dispute to a consumer mediator. Consumer mediation is available to any person who has a dispute with a professional who has sold him a product or provided a service. Mediation is a method of amicable dispute resolution, free for the consumer and confidential.

Thus, you can refer to the consumer mediator in the country in which you used the Application, within one (1) year from the written complaint you sent us.

You may also attempt to resolve the dispute amicably via the online dispute resolution platform implemented by the European Commission, if applicable, and accessible on the following website: https://ec.europa.eu/consumers/odr/main/