Terms of Use

Welcome to Alacart!

Alacart International Limited, a limited liability company incorporated and registered in England and Wales (registration number: 14302517), whose registered office address is at 3^rd Floor, 1 Ashley Road, Altrincham, Cheshire, WA14 2DT, United Kingdom (“Alacart,” “we,” “us,” “our”) provides its Service (as defined below) subject to the following terms of service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify any part of these Terms of Service at any time. If we do this, we will notify you of the changes next time you request to open a tab with us or use the Chatbot (as defined below). Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

1 . Access to and Use of the Service:

1. Service Description:  The Service is designed to allow you to make payments for menu items (“Menu Items”) ordered at restaurants who have chosen to join our platform (“Restaurants”) via our platform, without waiving down a server or waiting for a card machine (collectively, such services, including our website available at www.alacart.me and any new features and applications, being the “Service”).
2. Eligibility. You must be aged 18 or older to use our Service. By accessing and/or using the Service, you confirm that you are aged 18 or older. You will also need access to the WhatsApp application on your mobile device in order to use the Service. WhatsApp’s terms of use apply to your use of WhatsApp and you must comply with WhatsApp’s terms of use at all times.
3. How to Access and use the Service. To access and use our Service, you simply need to connect your smartphone to our Service by scanning a QR code or an NFC tag, which will be provided to you by a member of the serving staff (a “Waiter”) at a Restaurant. The QR Code or NFC tag will redirect you to the Alacart chatbot via WhatsApp (the “Chatbot”) and you will see a pre-composed message with a user ID decoded from the card containing the QR code or NFC tag you scanned (“Alacart Card”). Once the Chatbot has opened a conversation with you via WhatsApp, you will be asked to confirm your desired payment method (“Payment Method”). If you are using the Service for the first time or adding a new Payment Method, you will be asked to choose it from the available options, which currently are Apply Pay, Google Pay, and Stripe. Any different payment options we have available will be communicated to you at the time of opening a new tab with a Restaurant. The Chatbot will then direct you to click on a link which will take you to our website (available at www.alacart.me) to enter the relevant details for your preferred Payment Method. Once your Payment Method has been successfully added, you will receive a message in the WhatsApp chatbot to confirm this. By opening a tab and confirming your Payment Method, you authorise Alacart to deduct all amounts owed for your Menu Items (including tips or service fees charged by the Restaurant), plus our Service Fees (as defined below) from that Payment Method, and you will be asked to confirm that you agree to this. If you make payment via Apple Pay, Google Pay, Stripe or another third party payment provider, such third party payment provider will take your payment and their terms of use will apply. The relevant third party payment provider’s terms of use will be made available to you at the time you make your payment. Our Service will store your selected Payment Methods, however you can always opt to delete them via the Chatbot or our website (www.alacart.me).
4. Our Contract with You. A request by you to set up a tab constitutes an offer by you to create a contract to use the Service, subject to and in accordance with these terms and conditions (“Offer”). If we accept your Offer (which we reserve the right to refuse, and which we will only do after we have set up and verified your Payment Method), the Chatbot will notify you that your tab at the Restaurant has been opened. At that point, a contract for your use of the Service will be formed between you and us subject to and in accordance with these Terms of Service. You will then be able to get up and walk out of the Restaurant whenever you like without settling the bill with the Restaurant directly, and payment for your Menu Items (plus any tips or service fees charged by the Restaurant, and our Service Fees) will be made via the Service. If you prefer, you can choose to settle your bill directly with the Restaurant. Our contract with you relates solely to the Service.
5. Your Contract with Restaurants. We only act as a commercial agent for the Restaurants to collect payment for your Menu Items. The contract for the supply of any Menu Items you have ordered from a Restaurant is between you and the relevant Restaurant and each Restaurant (including its Waiters) is solely responsible for any Menu Items, or other goods, services, advice, information or materials given to you. We simply provide a platform that enables you to pay for your Menu Items. We do not provide any of the food, beverages or other Menu Items that you can purchase from a Restaurant and we are not responsible or liable for the preparation or supply of any Menu Items. Without limiting the previous sentence, we have no liability for any Menu Items that contain allergens or have not been safely prepared.
6. Information You Give Us: You are required to give certain information to Alacart in order to access and use the Service (including but not limited to your name, Payment Method details, and mobile phone number). You agree to provide and maintain true, accurate and current information about yourself as prompted by the Service. By Using the Service, you warrant that any information you provide, whether to us or a Restaurant, Waiter or third party payment provider, is true and accurate, is not misleading, and is offered in good faith. If you choose not to provide any information requested via the Service, you acknowledge and agree that you may not be able to use or benefit from certain features of the Service. Information you submit via the Service, and certain other information about you, are governed by our Privacy Policy.
7. Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account for WhatsApp and are fully responsible for any and all activities that occur on the Service via your account with us, or any WhatsApp account for which you are responsible. You agree to immediately notify Alacart of any unauthorised use of your WhatsApp or Alacart account or any other breach of security. Alacart will not be liable for any loss or damage arising from your failure to comply with this clause.
8. Your Role. It is your sole responsibility to include accurate information about yourself in the Service and to tell the Restaurant and Waiters about any allergies or special needs that are or may be relevant to the services and Menu Items the Restaurants provide. You are responsible for making all arrangements necessary to access and use the Service (including downloading and registering with WhatsApp) and should ensure you have sufficient anti-virus software. Cancellation Rights. You acknowledge and agree that you do not have a right to cancel the contract for the provision of our Service because you have requested the supply of the services before expiry of the cancellation period under consumer laws, and the Service will be fully performed by the time we take payment for our Service Fees (as defined below).
9. Account suspension / closing your account: You can close your Alacart account at any time with or without notice to us, by following the instructions to delete your account and Payment Method via the WhatsApp chatbot.
10. Modifications to Service: Access to and use of the Service is permitted on a temporary basis. Alacart reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that Alacart will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11. Beta Features. Alacart may, from time to time, create experimental enhancements, upgrades, updates, improvements, modifications, extensions and other experimental changes to the Service and may make these features available to you for early access (“Beta Features”). Alacart may communicate an offer for use of these services to you for purchase or on a free of charge trial basis. You may elect to trial these Beta Features by communicating such election to Alacart via the Chatbot, and by doing so, you hereby authorise Alacart to implement such Beta Features and you agree to pay, on demand, any applicable fee for use of the Beta Features. You understand that Alacart is not responsible for the stability or functionality of Beta Features until such Beta Features have been made into platform updates. You or we may terminate your access to Beta Features at any time. You understand and agree that to the fullest extent permitted by law: (1) Beta Features are provided on an “as-is” and “as available” basis, without any representation, warranty or indemnity and at your sole risk; (2) we disclaim all liability in respect of the same; and (3) your exclusive remedy if it is not satisfied with any Beta Features or you have suffered loss or damage is to cease use of such Beta Features.

2. How Payment Works

1. Paying your Restaurant Bill. If the Restaurant has connected its point of sale system (“POS”) to our Service, then you will be able to check your live bill with the Restaurant via the Chatbot at any time. If the Restaurant has not connected its POS to our Service, this functionality will not be available. At the end of your meal, when you are ready to proceed to payment, you can either: (a) click ‘Request Final Bill’, and (once the Restaurant has confirmed that your final bill has been uploaded to the Service) choose ‘Pay Now’ via the Chatbot; or (b) simply walk out, and we will deduct all amounts owed for Menu Items (including any tips or service fees charged by the Restaurant), together with our Service Fee (as defined below) from your chosen Payment Method. If at the end of your meal you decide not to make payment via the Service, you can ask your Waiter to close the tab and to bring you a bill to pay the Restaurant directly. Your Waiter will then notify us that you have paid the bill. If you don’t either settle your bill via the Service or in person with the Waiter within 15 minutes of either you clicking Request Final Bill or your Waiter notifying us that you have left the Restaurant, payment for your Menu Items (including any tips or service fees charged by the Restaurant), together with our Service Fee (as defined below) will be automatically be taken via your selected Payment Method. Payment is made directly to Alacart acting as commercial agent on behalf of the Restaurants only. We are authorised by the Restaurants to accept payment on their behalf and payment of any amounts you owe for your Menu Items to us will fulfil your obligation to pay the Restaurant for such Menu Items. The prices for Menu Items are set by the Restaurants and will be communicated to you by the relevant Restaurants at the time you order. It is your responsibility to ensure you are aware of the amounts Restaurants will charge you for Menu Items (including but not limited to any tips or service fees the Restaurant may add to your bill) prior to ordering them.
2. Our Fees. We reserve the right to charge you a fee (“Service Fee”), which may be subject to change, for your access to and use of our Service. You will be notified of any applicable Service Fees (or the manner in which they will be calculated, e.g. on a percentage basis) and taxes prior to setting up your tab through the Chatbot.
3. Authorisation Hold. Once your Payment Method has been set up, we may verify your Payment Method by issuing a temporary authorisation hold from your bank. This will usually be either an estimate of your total bill, or a nominal amount of e.g. £0.01. Once you have paid your bill and all associated Service Fees and Credit Card Fees, we will cancel the authorisation hold automatically. Your bank may take some time to cancel the hold, however (in some cases up to one to two weeks), so you may temporarily see two charges on your account balance. We are not responsible for the time taken for your bank to cancel the hold amount, and we can’t make them do this any faster.
4. Invoices. After you have settled your tab via the Service, you will receive an invoice, either in electronic form via the Service or as an image of the physical bill issued by the Restaurant.
5. Issues and Disputes. If you have any disputes or complaints in relation to payment, please contact Alacart’s support team via the WhatsApp chatbot. If you have any issues or concerns with any Menu Items (including amounts charged to you for Menu Items), advice, information, instructions, materials or content provided to you by a Restaurant or Waiter, you should raise these directly with the Restaurant or your Waiter. If you request a refund or dispute any payment, we and the Restaurant may take into account relevant factors in considering your request, such as the details of your bill, your account history (including any previous refund requests you have made), and information from the Waiter and/or Restaurants. If the Restaurant agrees that you are entitled to a refund, we will provide a refund or account credit in respect of the affected Menu Item(s). As noted above, the contract for the supply of Menu Items is between you and the Restaurant, and we are not able to issue refunds in respect of amounts owed by you to a Restaurant for Menu Items without the Restaurant’s consent.

3. Intellectual Property Rights

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• Service Content, Software and Trademarks. You acknowledge and agree that the Service and its content and features (“Service Content”) are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Alacart grants to you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Service and Service Content solely to the extent required to enable you to set up tabs and pay bills for Menu Items at Restaurants via the Service. You may only use the Service for your own private use, and not for any commercial, business or resale purposes. Except as expressly authorised by Alacart, you agree not to modify, copy, reverse engineer, reverse assemble or otherwise attempt to discover any source code in any Service Content, or to frame, scrape, rent, lease, loan, sell, assign, sublicense, distribute or create derivative works based on, or otherwise transfer any right or interest in any Service Content, in whole or in part, except to the extent such actions cannot be restricted by applicable law. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Alacart from accessing the Service or any Service Content (including by blocking your IP address, email address, name or credit card details), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or Service Content other than as specifically authorised herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Alacart, our affiliates and our licensors. Any rights not expressly granted herein are reserved by Alacart.
• Trade Marks. The Alacart name and logos are trademarks and service marks of Alacart (collectively the “Alacart Trademarks”). Other product and service names and logos used and displayed via the Service and/or Service Content may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Alacart. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Alacart Trademarks or any other trade marks, service marks or logos displayed on the Service or Service Content, without our prior written permission in each instance. All goodwill generated from the use of Alacart Trademarks will inure to our exclusive benefit.
• Feedback. If you provide Alacart with suggestions or comments for enhancements or improvements, new features or functionality or other feedback about Alacart or the Service, Alacart will have: (a) full discretion to determine whether or not to proceed with the development of any requested enhancements, new features or functionality; and (b) an unencumbered right, without any obligation to compensate or reimburse you, to use, incorporate and otherwise fully exercise and exploit any such suggestions or comments in connection with our products and services.
• Customer Data: You grant to Alacart, its affiliates and service providers, a non-exclusive, non-transferable, sub-licensable (through multiple tiers), fully paid-up, worldwide right and licence to use all data, information, documentation and all other materials provided by, or on behalf of, you to Alacart or submitted by or on behalf of you to the Service (“Customer Data”): (a) to provide the Service; (b) on a perpetual, irrevocable basis, to internally develop and improve our products and services; and (c) on a perpetual, irrevocable basis, to create anonymised or aggregated Customer Data and other data collected by us in connection with the Services (“System Data”). You acknowledge and agree that Alacart may share Customer Data with Restaurants, Waiters and our service providers. You will own all Customer Data, and Alacart has no rights to it other than those specifically set out in these Terms of Use. All personal data forming part of Customer Data will be processed by us in accordance with our Privacy Policy (available at link).
• Usage Data. You acknowledge and agree that we may collect and retain data relating to your use of the Service and your activities and purchase history at Restaurants (“Usage Data”). Alacart shall own all such Usage Data, except to the extent that it contains any personal data. You acknowledge and agree that Alacart may share Customer Data with Restaurants, Waiters and our service providers. Any personal data contained in or forming part of the Usage Data will be processed by us in accordance with our Privacy Policy (available at link).
• Alacart Data. As between Alacart and you, Alacart exclusively owns all data, information, documentation and all other materials contained in and / or made available through the Service and / or provided by, or on behalf of, Alacart to you, including but not limited to any third party data and the Usage Data and System Data (together, the “Alacart Data”), but excluding the Customer Data.
• Confidentiality. Each party agrees that to keep all confidential information of the other party (including the Service, Service Content and Alacart Data, which are the confidential information of Alacart) confidential, to use it solely in accordance with the provisions of these Terms and Conditions, and not to disclose it to any third party without the other party’s prior written consent, except as otherwise permitted hereunder (including without limitation as permitted under clause 3(d) and clause 3(e) above). However: (a) Alcart may disclose your confidential information to Restaurants and its and their employees, officers, directors, attorneys, auditors, financial advisors and other representatives who have a need to know such confidential information; and (b) either party may disclose confidential information of the other party as required by law (in which case the receiving party will provide the disclosing party with prior written notification thereof, will provide the disclosing party with the opportunity to contest such disclosure, to the extent permitted by applicable law).

5. General