SideKick! Terms of Use

Effective as of 20th August 2017

1. Introduction

  1. These Terms constitute the agreement between you and us for the use of the Sites and the contents and services available through them.

  2. Additional terms may apply to your use of some of our services. If so, we will tell you what those terms are. If there is any conflict between these terms and any additional terms, the additional terms will prevail. PROVIDED HOWEVER: the (GSA-B) Global Service Agreement for Businesses is held paramount.

  3. Our Privacy 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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

  8. SideKick! is entitled to donate all account profits to any charity it sees fit.

  9. 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 However, please note that any of the content on the Sites may be out of date at any given time, and we are under no obligation to update it.

  10. We do not guarantee that the Sites, or any content on it, will be free from errors or omissions.

2. Accessing SideKick & Membership
  1. We are not obliged to provide services unless we accept your application. We can decide whether or not to accept any application.

  2. Sidekick membership fees are charged upon acceptance of applications by Terrible Foundation. SideKick membership fees are non-refundable.

  3. Terrible Foundation may rescind membership from any SideKick member at any time, at its sole discretion, and without refund.

  4. Your membership will automatically renew every year on the anniversary date of your initial membership being granted, unless you inform us of your intention to cancel prior to the renewal date.

  5. Membership fees shall be divided and collected monthly; unless otherwise agreed in writing.

  6. In the event that membership fees increase, we will inform you no less than 30 days prior to your renewal anniversary.

  7. You acknowledge that access to the SideKick is dependent on you being able to receive data via Wifi or 3G/4G. 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 Site and/or SideKick.

  8. We will use all reasonable endeavours to make our services available to you at all times. However, our services rely on us using networks and services owned by other people. As a result we cannot promise that our services will always be available or fully functioning. If our services are unavailable for any reason, we will endeavour to restore them as soon as possible.

  9. We provide SideKick on an "as is' and "as available" basis with all faults. We do not guarantee that SideKick or the sites, or any content on them, will always be available or be uninterrupted. Access to SideKick is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the SideKick without notice. You agree that your use of SideKick is at your own risk. We will not be liable to you if for any reason SideKick is unavailable at any time or for any period.

  10. You are responsible for making all arrangements necessary for you to have access to SideKick. You are also responsible for ensuring that all persons who access SideKick through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

  11. To the maximum extent permitted by law, we disclaim any and all implied conditions and warranties that SideKick and the services available through them are of satisfactory quality, accurate, fit for a particular purpose, or non-infringing.

3. Your Account and Password
  1. We permit access to certain parts of the SideKick 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 SideKick and the content and services provided. By using SideKick, 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.

  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.

  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. 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.

  5. You acknowledge that we may, at any time and at our sole discretion, request that you re-register with SideKick.

  6. In the event that your mobile device is lost or stolen you agree that it is your responsibility to notify us at [email protected] as soon as reasonably possible following such loss or theft.

  7. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]

  8. You acknowledge and agree that we may share your contact details with third parties in the event this is required to complete requests made through SideKick.

4. Making Payments
  1. In order to pay a bill using SideKick, you will need to enter your debit or credit card information. You acknowledge that payment processing services are provided by a third party.

  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 Terrible Payment Services for the purpose of paying your bill and processing your payment.

  3. Your card details will be stored securely by Terrible Payment Services. 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 SideKick at any time.

  4. You acknowledge and agree that we may pre-authorise your payment card upon confirmation and upon items being added to your bill.

  5. You agree that: upon confirmation you have accepted responsibility for full payment of the bill. 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 your account; disputes must be raised five days within the expense being charged.

  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.

  7. Following payment of a bill using SideKick, we shall email you a copy of your receipt. You acknowledge that charges incurred through SideKick will show as "*TF SIDEKICK" or the name of the venue you are paying at on your payment card statement.

  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.

5. Intellectual Property Rights and Use of SideKick
  1. We grant you a non-exclusive, non-transferable licence to install and use SideKick on your mobile device in the United Kingdom and every Territory Terrible Foundation operated within for the purposes of the services offered by SideKick, which include (where applicable in relation to each venue) to make reservations at, pay bills at and receive tailored offers from.

  2. We are the owner or the licensee of all intellectual property rights in SideKick and it's sites, and in the material published on it. Those works are protected by copyright, trade marks, database right and other intellectual property rights. All such rights are reserved.

  3. You may not without our prior written consent (except to the extent required in order to use SideKick in accordance with these Terms) copy, sell, reproduce, publish, modify, or distribute any of the content published, displayer or performed on SideKick or systematically extract such content or in any way use or exploit commercial any such content.

6. Limitation of Our Liability
  1. Our liability is limited 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 to an amount no greater than your initial payment for service.

  2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to SideKick or any content on it, whether express or implied.

  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, SideKick; or use of or reliance on any content displayed on the Sites.

  4. You agree when using Sidekick for any commercial or business purposes, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  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 SideKick or to your downloading of any content on it, or on any website linked to it.

  6. We assume no responsibility for the content of websites linked on SideKick or our 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.

  1. you ('you', 'the customer' or 'your');
  2. SideKick ('us', 'we' or 'our')
  3. Additional terms of service that apply to your services ('GSA' , 'Global Service Agreement').