Terms & Conditions

LAST UPDATED ON: 7 JUNE 2019

These terms and conditions (the 'Terms') (together with the documents referred to in it) tell you the terms on which you may make use of our mobile app 'Vive Lifestyle Concierge' (the 'App', and together the 'Sites'). Use of the Sites includes accessing, browsing, or registering to use the Sites. Please read these Terms carefully before you start to use the Sites, as these will apply to your use of the Sites. By using the Sites, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Sites. The Sites are owned and operated by Velocity Mobile Limited, a company registered in England and Wales under number 08973073 with its registered office at 25 Old Burlington Street, London, England, W1S 3AN ('Velocity Mobile', 'we', 'our', and 'us').

1. Introduction

• 1.1 These Terms constitute the agreement between you and us for the use of the Sites and the contents and services available through them.
  1.2 Our Privacy and Cookies Policy, will also apply to your use of the Sites. This policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Sites, you consent to such processing and you warrant that all data provided by you is accurate.
  1.3 We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on this page and, where appropriate, notified to you by email. Please review this page frequently to see any updates or changes to these Terms.
  1.4 If we do not exercise or enforce any legal right or remedy which may be available to us, this will not be taken to be a formal waiver of our rights.
  1.5 If any part of these Terms shall be unlawful or unenforceable for any reason, this shall not affect the remainder of these Terms and that part shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
  1.6 If we are acquired by, or merge with, a third party, we may transfer any or all of our rights and obligations under these Terms to that third party or the newly merged entity.
  1.7 All legal notices in relation to the Sites or these Terms should be given in writing and addressed to info@concierge.viveconcierge.com.

2. The Sites

• 2.1 We may update the Sites from time to time, and may change the content at any time. However, please note that any of the content on the Sites may be out of date at any given time, and we are under no obligation to update it.
  2.2 We do not guarantee that the Sites, or any content on it, will be free from errors or omissions.

3. Accessing the Sites

• 3.1 The Sites are made available free of charge.
  3.2 You acknowledge that access to the Sites is dependent on you being able to receive data via Wi-Fi or 3G. You are responsible for making all necessary payments including in respect of internet and network connections. We are not responsible for the availability of the internet, or any errors in or damage to connections, equipment, or software that may occur in relation to your use of the Sites.
  3.3 We provide the Sites on an "as is' and "as available" basis with all faults. We do not guarantee that the Sites, or any content on them, will always be available or be uninterrupted. Access to the Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Sites without notice. You agree that your use of the Sites is at your own risk. We will not be liable to you if for any reason any of the Sites are unavailable at any time or for any period.
  3.4 You are responsible for making all arrangements necessary for you to have access to the Sites. You are also responsible for ensuring that all persons who access the Sites through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
  3.5 To the maximum extent permitted by law, we disclaim any and all implied conditions and warranties that the Sites and the services available through them are of satisfactory quality, accurate, fit for a particular purpose, or non-infringing.

4. Your Account and Password

• 4.1 We permit access to certain parts of the Sites only to users who have registered with us. In order to access the services we offer, you must register with us. You must be 18 years or older to be eligible to register with us, use the Sites and the content and services provide through them. By using the Sites, you represent and warrant that you are 18 years or older. If you register with us, you must provide true and accurate information about yourself. Should the registration information provided prove false or misleading, we may suspend or terminate your account.
  4.2 You are responsible for maintaining the confidentiality of your account details, including any user identification codes, passwords or any other piece of information that forms part of our security procedures, and you must not disclose these to any third party.
  4.3 You are responsible for all activity under your account even if someone else uses your account. You authorise us to act on instructions received under your account and we will not be liable for any loss that you might suffer through following such instructions whether by you or another person.
  4.4 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
  4.5 You acknowledge that we may, at any time and at our sole discretion, request that you re-register with the Sites.
  4.6 In the event that your mobile device is lost or stolen you agree that it is your responsibility to notify us at info@concierge.viveconcierge.com as soon as reasonably possible following such loss or theft.
  4.7 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@concierge.viveconcierge.com.
  4.8 You acknowledge and agree that we may share your contact details with third party booking platforms and restaurants in the event that you make a restaurant reservation through the Site.

5. Making payments with the app

• 5.1 In order to pay a bill using the App, you will need to enter your debit or credit card information. You acknowledge that payment processing services are provided by a third party.
  5.2 You warrant that you have appropriate authority to use the payment card details which you input. By inputting your debit or credit card information, you agree to use of that information by Stripe for the purpose of paying your bill and processing your payment.
  5.3 Your card details will be stored securely by Stripe. We do not store your payment card details on our systems, although we retain some of the digits. This enables you to identify your appropriate payment card on subsequent occasions and on your payment receipt. You may add and remove payment cards from the App at any time.
  5.4 You acknowledge and agree that we may pre-authorise your payment card upon your checking in to a venue on the App and upon items being added to your bill.
  5.5 You agree that: the first person to check in to the App on your table shall bear responsibility for full payment of the bill in the event that other users of the App on your table check in to the App and leave the table without paying; and you will check the accuracy of your bill and the amount you pay upon receiving the bill and prior to payment. If you disagree with any part of the bill, you should request that the disputed part is removed from the bill before you pay the bill through the App.
  5.6 You acknowledge that, while the contract for the provision of food, drink and other goods and services is between you and the relevant venue, the venue has authorised us to collect payment on its behalf. In the event of any claim or dispute between you and a venue, while we shall have no liability to you in respect of any such claim or dispute, you may contact us and we shall use our reasonable endeavours to assist in resolving the claim or dispute with the venue.
  5.7 Following payment of a bill using the App, we shall email you a copy of your receipt. You acknowledge that charges incurred through the App will show as "Vive Concierge" or the name of the venue you are paying at on your payment card statement.
  5.8 In the event that your payment card is lost or stolen you agree that it is your responsibility to contact the applicable card company in order to cancel your payment card as soon as reasonably possible following such loss or theft.
  

6. Intellectual Property Rights and Use of the App

• 6.1 We grant you a non-exclusive, non-transferable licence to install and use a copy of the App on your mobile device in the United Kingdom for the purposes of the services offered by the App only, which include (where applicable in relation to each venue) to make reservations at, pay bills at, split bills with other users, and receive tailored offers from, venues listed on the App.
  6.2 We are the owner or the licensee of all intellectual property rights in the Sites, and in the material published on it. Those works are protected by copyright, trademarks, database right and other intellectual property rights. All such rights are reserved.
  6.3 You may not without our prior written consent (except to the extent required in order to use the Sites in accordance with these Terms) copy, sell, reproduce, publish, modify, or distribute any of the content published, displayer or performed on the Sites or systematically extract such content or in any way use or exploit commercial any such content.

7. referral scheme

• 7.1 Referral Credits may be redeemed only when paying a bill using the App. You acknowledge that you may use only one Referral Credit at a time when paying a bill using the App.
  7.2 Referral Credits cannot be transferred to other users of the App.
  7.3 No cash alternative to the Referral Credit is available.
  7.4 The Referral Credit shall remain in your account indefinitely until:
  7.5 it is used by you;
  7.6 it is revoked by us in accordance with clause 7.4;
  7.7 it expires in accordance with clause
  7.8 We reserve the right to suspend your account or revoke any and all Referral Credits at any time if we in our discretion consider that such Referral Credit was earned inappropriately.
  7.9 You acknowledge that we may, at any time and at our sole discretion, suspend or discontinue the referral scheme. If we do so, we shall where possible, provide you with advance notice of any such changes.

8. Limitation of Our Liability

• 8.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
  8.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Sites or any content on it, whether express or implied.
  8.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, the Sites; or use of or reliance on any content displayed on the Sites.
  8.4 Please note that we only provide the Sites for domestic and private use. You agree not to use the Sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  8.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Sites or to your downloading of any content on it, or on any website linked to it.
  8.6 We assume no responsibility for the content of websites linked on the Sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

9. Viruses

• 9.1 We do not guarantee that the Sites will be secure or free from bugs or viruses.
  9.2 You are responsible for configuring your information technology, computer programmes and platform in order to access the Sites. You should use your own virus protection software.
  9.3 You must not misuse the Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Sites, the server on which the Sites are stored or any server, computer or database connected to the Sites.

10. Linking To the Sites

• 10.1 You may link to the Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  10.2 You must not establish a link to the Sites in any website that is not owned by you.
  10.3 The Sites must not be framed on any other site, nor may you create a link to any part of the Sites other than the home page.
  10.4 We reserve the right to withdraw linking permission without notice.

11. Third Party Links

• 11 Where the Sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or the performance of the services. Your dealings with, and interest in, services, merchants or promotions found on or via the Sites are solely between you and the person with whom you are dealing. Accordingly, you use these services at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
  

12. Venue Loyalty Schemes

• 12.1 We offer customers the option to join venue specific loyalty programs. Our users can join as many schemes as they choose and by joining any of the venues schemes, you agree to and accept the following:
  12.1 To be bound by the relevant venue loyalty scheme rules.
  12.2 You consent to your email address and other information being shared with that specific venue for marketing and communication of future offers etc. Your personal details will not be used for any other purpose, and the user can decide to opt out of venue communication at later date.
  12.3 All Scheme rules are defined and operated by the venue directly, We are not liable for any rewards/offers and cannot make alternative offers.
  12.4 All questions / issues regarding operation of any of the schemes, its offers or terms and conditions should be addressed to the venue directly.

13. Booking

• 13 You can make bookings by following the process outlined on the Service. You acknowledge that by making a booking you will be under an obligation to pay the restaurant for any food and drink provided by the restaurant, and, where applicable, service fees charged by the restaurant. All bookings are subject to acceptance by the restaurant. We will inform you when your booking is confirmed. Although we try to ensure that all availability displayed on the Service is accurate, restaurants may cancel or amend bookings after they have been confirmed. We are not responsible for any cancelled or amended bookings. Please contact the restaurant directly if you have any queries. If you wish to amend a booking, you will need to discuss this with the restaurant directly. We cannot guarantee that the restaurant will be able to accommodate any changes.

14. VIVE CONCIERGE SERVICE

• 14.1 Access to Vive Concierge applications are either accepted or declined at the sole discretion of the vive committee.
  14.2 The membership committee may rescind membership from any Vive Concierge membership at any time, at its sole discretion, and without refund.
  14.3 In the event that membership fees increase, we will inform you no less than 30 days prior to your renewal anniversary.

15. Applicable Law

• 15 These Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact Us

Questions, comments and requests regarding these Terms should be sent by email to info@concierge.viveconcierge.com