MYQSAFE WEBSITE TERMS AND CONDITIONS

IMPORTANT LEGAL NOTICE

This page sets out the terms and conditions ("Website Terms") on which we, MYQSAFE Ltd (" we", "our" or "MYQSAFE "), provide access to our website http://www.myqsafe.co.uk and any MYQSAFE mobile application through which you order products (together, " the Website"). Please read these Website Terms carefully before purchasing any products through, the Website. By ordering products through the Website (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.

We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.

Use of your personal information submitted via the Website is governed by our Privacy Notice.

For the avoidance of doubt, please note that references to " Website" in these Website Terms include any current or future version of our website https://www.myqsafe.co.uk and any MYQSAFE mobile application through which you access and use our Website, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing and using our Website that may be developed from time to time).

By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any products through the Website.

I. TERMS AND CONDITIONS OF USE AND SALE

1. INTRODUCTION AND OUR ROLE

1.1. Company details: MYQSAFE Ltd is a company registered in England and Wales with registered company number 12657835, whose registered office is at 40 Broad Street, Worcester, United Kingdom, WR1 3LR.

1.2. VAT number: We are not currently registered for VAT.

1.3. Queue Joining: We provide a way for you to communicate your request (“Request” or "Requests") for services (“ Service” or "Services") to service providers through the use of a QR Code. The legal contract for the supply and purchase of services is between you and the service provider whose queue you joined. MYQSAFE do not handle any payments between the customer and the service provider and are not responsible or liable for the provision of the requested service.

2. WEBSITE ACCESS AND TERMS

2.1. Website access: You may access some areas of the Website without making a service request or registering your details with us. Most areas of the Website are open to everyone.

2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to request any services through the Website.

2.3. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you requesting a service through us.

2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.

3. YOUR STATUS

3.1. Capacity and age: By placing an service request through the Website, you warrant that:

• 3.1.1. You are legally capable of entering into binding contracts with the service provider; and
• 3.1.2. You are at least 18 years old.

3.2. You acknowledge and agree that if you have a specific requests, you will contact the service provider directly to check that the service is suitable for you.

4. HOW TO MAKE AN SERVICE REQUEST AND HOW IT IS PROCESSED

4.1. Joining a queue : On arrival at the service providers facility, if you wish to produce the servicers or the service provider you will be required to enter the MYQSAFE virtual queuing system. Using the website or mobile application you will scan the presented (location specific) QRCode, select the service you require and join the queue.

4.2. Changing or leaving a queue : If you no longer require the requested service you have the ability to leave the queue using the website or mobile application.

4.3. Queue rejections : On notification of your service request, we will send it to the relevant service provider. We encourage all our service providers to accept all service requests and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a service provider rejects your service request. However, all service providers have the ability to reject queue requests at any time because they are too busy, due to weather conditions or for any other reason.

4.5. Timing of service : Estimated times for service delivery can be seen by reviewing the current queue for the service you requests. Any estimated timescales provided are pure estimates and are not legally binding.

4.6. Provision of service : When your slot is becoming available the service provider will notify you to return to the service delivery location.

4.7. Notification acceptance : Upon receipt and acceptance of the service delivery notification you agree to return to the service delivery location with immediate effect.

4.8. Queue management : For the avoidance of doubt, any service requests processed by MYQSAFE through the Website are processed by MYQSAFE in its capacity as an agent of the relevant service provider. MYQSAFE are not responsible for the service provision delivery, or quality of the service provision in any way.

5. PRICE AND PAYMENT

5.1. PRICING : The price of the services are decided by the service provider, not my MYQSAFE.

5.2. PAYMENT : The payment for the services are handled by the service provider, not by MYQSAFE.

6. LICENCE

6.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:

• 6.1.1. You must not misuse the Website (including by hacking or \"scraping\").
• 6.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 6.1 is prohibited.
• 6.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 6.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
• 6.1.4. You must ensure that our status as the author of the material on the Website is always acknowledged.
• 6.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.

6.2. Limitation on use: Except as stated in paragraph 6.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.

6.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.

7. WEBSITE ACCESS

7.1. Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.

7.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.

7.3. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

8. VISITOR MATERIAL AND REVIEWS

8.1. General:

• 8.1.1. Other than personally identifiable information, which is covered under our Privacy Notice any material you post, upload or transmit or upload to the Website will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any material, you represent and warrant that you own or otherwise control all of the rights to such material. You agree that we will have no obligations with respect to any material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
• 8.1.2. You represent and warrant that any material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 8.2 to 8.3 below.

8.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any material that:

• 8.2.1. breaches any applicable local, national or international law;
• 8.2.2. is unlawful or fraudulent;
• 8.2.3. amounts to unauthorised advertising; or
• 8.2.4. contains viruses or any other harmful programs.

8.3. Service Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:

• 9.3.1. contain any defamatory, obscene or offensive material;
• 9.3.2. promote violence or discrimination;
• 9.3.3. infringe the intellectual property rights of another person;
• 9.3.4. breach any legal duty owed to a third party (such as a duty of confidence);
• 9.3.5. promote illegal activity or invade another\'s privacy;
• 9.3.6. give the impression that they originate from us; or
• 9.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.

8.4. Removal of Reviews: The prohibited acts listed in paragraphs 8.2 and 8.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs 8.2 or 8.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.

8.5. Use of Reviews: The Reviews and other material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and material reflect the opinions of customers who have requested services through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.

8.6. Images: Any images of service displayed on the Website are provided as a design feature of the Website only and may not be either (a) an image of the actual services you choose to request; or (b) representative of the service delivery you may receive from a service provider.

8.7. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a service provider or any other third party arising out of or in connection with any Reviews or other material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 8.

8.8. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other material in breach of paragraph 8.2 or 8.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.

9. LINKS TO AND FROM OTHER WEBSITES

9.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

9.2. Linking permission: You may link to the Website's homepage (www.just-eat.co.uk), provided that:

• 9.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;
• 9.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
• 9.2.3. any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 9 (Visitor Materials and Reviews));
• 9.2.4. we have the right to withdraw linking permission at any time and for any reason.

10. DISCLAIMERS

10.1. Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the functionality, services and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.

10.2. Service Provider actions and omissions: The legal contract for the supply and purchase of services is between you and the service provider that you place your Order with. We have no control over the actions or omissions of any serive provider. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:

• 10.2.1. We do not give any undertaking that the services ordered from any service provider through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
• 10.2.2. Estimated times for service delivery are only estimates. Neither we nor the service provider guarantee that requests will be fulfilled within the estimated times.
• 10.2.3. We encourage all our service providers to accept all service requests and to communicate any rejection promptly. However, we do not guarantee that service providers will accept and fulfil all service requests, and service providers have the discretion to reject service requests at any time because they are too busy.
• 10.2.4. The foregoing disclaimers do not affect your statutory rights against any service provider.

10.3. Exclusion of terms: We provide you with access to and use of the Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise ).

11. LIABILITY

11.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.

11.2. Exclusion of liability: Subject to clause 11.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:

• 11.2.1. any loss of profits, sales, business, or revenue;
• 11.2.2. loss or corruption of data, information or software;
• 11.2.3. loss of business opportunity;
• 11.2.4. loss of anticipated savings;
• 11.2.5. loss of goodwill; or
• 11.2.6. any indirect or consequential loss.

11.3. Limitation of liability: Subject to clauses 10, 11.1 and 11.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your service requests or £25, whichever is lower.

11.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

12. TERMINATION

12.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that:

• 12.1.1. you have used the Website in breach of License;
• 12.1.2. you have posted Reviews or other material in breach of material and Reviews;
• 12.1.3. you have breached paragraph statements regarding Links to and from other websites or
• 12.1.4. you have breached any other material terms of these Website Terms.

12.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.

13. WRITTEN COMMUNICATIONS

13.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering services via the Website, you accept that communication with us will be mainly electronic. We will contact you by email, electronic alerts or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14. EVENTS OUTSIDE OUR CONTROL

14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").

14.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• 14.2.1. strikes, lock-outs or other industrial action;
• 14.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (whether declared or not) or threat or preparation for war;
• 14.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• 14.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• 14.2.5. impossibility of the use of public or private telecommunications networks; and
• 14.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

14.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.

15. ADDITIONAL TERMS

15.1. Privacy Notice: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Notice. You should review our Privacy Notice

15.2. Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

15.3. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

15.4. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.

15.5. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

15.6. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.

16. GOVERNING LAW AND JURISDICTION

16.1. These Website Terms shall be governed by and construed in accordance with English law. You can bring legal proceedings in respect of Website Terms in the English courts. If you live in a part of the United Kingdom other than England or any other Member State of the European Union, you can bring legal proceedings in respect of these Website Terms in either the English courts or the courts of your home country.

16.2 As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Website Terms, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.