Dookan (t/a Quicklink Media Ltd.)

Terms of Service for Business Clients
Effective date: 01 October 2020

All Clients are encouraged to observe the Terms of Service and our Privacy Policy, as such represents a legally binding contract between Quicklink Media Limited t/a Dookan and the Client. By registering and/or using the Service in any manner, the Client confirms to have acknowledged and accepted all terms and conditions contained herein. Please keep in mind that these provisions, including those which are incorporated by reference, may be modified from time to time, and that only those currently visible on our Website and Apps are up to date and valid at the time. Should any material change take place, we will notify you in advance and your continued use of the  Service shall constitute your acceptance to the changes. If you do not wish to continue using the Service, you may terminate the agreement in accordance with the rights assigned to you pursuant to this agreement. However, acceptance of our Terms of Service is a condition for the Client to use the Service provided by us. Therefore, we encourage you to periodically familiarise with the currently effective version of our Terms of Service made available via our Website and Apps.

Definitions

  • The “Website” means a collection of one or more web pages grouped under the same domain name, which can be found at: www.dookan.co.uk and also refers to Dookan’s web application herein referred to as Dookan and Dookan Dashboard that enables the Client to utilise and access the services pursuant to this agreement. We may exercise our discretion from time to time to update or modify this web application.
  • The “Client” referred to as the “Venue”, “you” or “your”, who is a corporate entity (including any sole trader, partnership, limited company or other organisations or person) that has registered itself with Quicklink Media Ltd to utilise our web application, referred to as Dookan and Dookan Dashboard.
  • The “Client Content” means any information that “you” the corporate entity (including any sole trader, partnership, limited company or other organisations or person) shall retain all right, title and interest in including any and all Intellectual Property Rights pertaining to your business/trade and any other companies under your common control as defined by section 1159 of the Companies Act 2006. This is including but not limited to code, information, data, maps, icons, text, graphics, images, fonts, colour schemes, videos, messages or other materials such as special offers and products that the Client may offer to Dookan Users via our Service.
  • The “Company” referred to as “Dookan”, “we”, “us” and “our” are Quicklink Media Limited whose Company Registration Number is 9670603 and whose Registered Office is 37 Elmcroft Crescent, London, HA2 6HL.
  • The “Intellectual Property Rights” mean all intellectual and proprietary rights including but not limited to trade and service marks, registered and unregistered design rights, all design right applications, patents, copyrights, database rights, moral rights, and rights in know-how, confidential information and inventions and other intellectual property rights of a similar or corresponding character whenever and however arising and all renewals and extensions of such rights which may or in the future subsist.
  • The “Dookan Content” means the content that the Company creates and makes available in connection with the Service. This is including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Dookan Service(s), albeit the exception of Client Content and User Content.
  • The “Service” means the Web application offered by our Company, to facilitate the Client with the ability to upload, post, publish or display information, including but not limited to any special offers, discounts, products, logos, icons, graphics, images, and videos of any goods or services of the Client’s business or trade via our web applications; Dookan and Dookan Dashboard.
  • The “Terms of Service” means these provisions under this agreement which Quicklink Media Limited and its affiliates provide the Services(s) to you. These may be modified from time to time.
  • The “Venue” shall refer to the “Client” who is a corporate entity (including any sole trader, partnership, limited company or other organisations or person) who operate business trade, which may be including but not limited to supermarkets, groceries, butchers, bakeries, newsagents and convenience stores, and any other product places/providers, which are displayed via the web application to facilitate the Service provided to the Client.

Ownership of the Dookan Service

1. This agreement is not a sale and does not convey to you any rights of ownership in or related to the intellectual property of the Website, web application, apps, or the Service(s).

2. Albeit the exception of any Client Content derived from your own website(s), product(s) or service(s), Quicklink Media Limited and any of our parent companies, subsidiaries, joint-venture, or any other companies under our common control as defined in section 1159 of the UK Companies Act 2006, shall own all right, title and interest of all and any Intellectual Property Rights in and related to the Website, web application, apps and the Service(s).

3. We shall retain all rights and ownership in relation to all Intellectual Property Rights, including but not limited to copyrights, trademarks, service marks, unregistered design rights, all design right applications, and patents, as well as all designs, text, graphics, pictures, video, visual interfaces, information, compilation, applications, software, music, sound, and elements and components and their selection and arrangement that are associated with the Content and Service(s) provided by the Company.

Your License to the Dookan Content

4. Subject to these Terms of Service, the Company hereby grants the Client a non-exclusive, limited, non-transferable, freely revocable license to use the Service only as expressly permitted in the provisions contained therein this agreement. You may use information made available through the Services solely for a commercial and lawful purpose only. This is including but not limited to the utilisation of the required equipment for the ongoing provision of the Service.

5. The Company does not grant the Client, or any other third-parties, a right or license to use this in any other way that is not set forth herein our Terms of Service and Privacy Policy, without our express written authorisation.

6. As such, the Client shall comply with the following requirements in respecting our ownership of the Service in acknowledging and accepting that:

6.1. The Client will not modify, reproduce, distribute, frame, create derivative works or adaptations of, publicly display, sell or in any way exploit any of the Dookan Content and Service(s) provided in whole or part, except as expressly permitted by the Company;

6.2. The Client will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, web application, or the Service(s). The Company does not grant the Client with any express or implied rights in the Content and Service, and all rights in and to the Dookan Service(s) are retained by the Company;

6.3. The Client shall warrant that they will not modify the paper or digital copies of materials that they have printed or downloaded from the Website, web application or through any other means whereby information relating to the Dookan Content and Service is available, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;

6.4. Should it be deemed that the Client has infringed or violated any of the terms pursuant to the Company’s Intellectual Property Rights provisions, the Client accepts and acknowledges that their right to continue to use the Service(s) may cease immediately.

Our License to your Client Content

7. The Client shall retain all rights and ownership in relation to all Intellectual Property Rights, including but not limited to copyrights, trademarks, service marks, unregistered design rights, all design right applications, and patents, as well as all designs, text, graphics, images, photographs, video, visual interfaces, information, compilation, applications, software, music, sound, that the Client may upload, post, publish or display through our Service, as per the definition of Client Content and our Terms of Service.

8. However, by acknowledgement and acceptance of the terms and conditions set forth herein the Terms of Service, you hereby grant the Company a perpetual, worldwide, irrevocable, non-exclusive, royalty free, sub-licensable and transferable license with full permission to use your Client Content via the Website, web application, or otherwise for any purpose in connection with Dookan’s products and services that exist now or in the future, to facilitate the engagement and use of the Dookan Service(s). By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyse, promote, commercialise, and create derivative works. This is including, but not limited to:

8.1. Printed marketing materials that are printed and distributed, using the Client Content to promote the Client’s brand, products, offers and trade;

8.2. Publicising, marketing and promoting the Venue through the Dookan Website, web application, e-mails, social media, and/or any other marketing/advertising mediums, as permitted through the functionality of the Dookan Service(s).

9. The Client is however responsible for all and any of its Client Content throughout the engagement and duration of use of our Service. The Client must therefore represent, warrant and covenant that:

9.1. The Client shall act in good faith at all times;

9.2. The Client is the owner of, or otherwise have the right to provide, modify and remove any of their Client Content that is submitted, posted, and/or otherwise transmitted and made available through the Dookan Service(s);

9.3. Any information supplied by the Client in connection of their Client Content is accurate, complete and true. The Client accepts and acknowledges that it is their sole and exclusive responsibility to check for the accuracy of any Client Content, including but not limited to its design, grammar and spelling prior to publication on our Website and/or web application, or any other means whereby the Client publishes its Client Content via the Dookan and Dookan Dashboard Service(s);

9.4. The Service(s) provided by the Company shall allow the Client to promote an exclusive special offer through its Client Content displayed via our web application. However, any special offer may have certain conditions restricting its use, such as that the offer may only be used once/ per day/ per user/ per transaction, or that offer cannot be used in conjunction with another offer. The Client therefore must provide us with any such details of any offer-specific terms via the Dookan Dashboard, for these to be enforced by the Client. These offer-specific terms shall then be made available to users through the Dookan web application upon discovery of the offer. However, the Client acknowledges and accepts responsibility over the accuracy and any reliability placed upon any special offer(s).

9.5. Any publication, reproduction or otherwise of the Client Content that is made via the Service is at the Client’s own risk. The Client is aware that they may expose themselves to liability should they breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or violate or infringe any law;

9.6. The Client acknowledges that, in order to ensure compliance with our legal obligations, we may be required to review certain Client Content submitted to the Dookan Service(s) to determine whether it is illegal or whether it infringes or violates our Terms of Service in any manner. We may therefore modify, prevent access to, delete, or refuse to display any Client Content that we believe infringes or violates the law or our Terms of Service;

9.7. The Client is solely and exclusively responsible for maintaining, protecting, and making backups of their Client Content. To the extent permitted by the applicable law, we will not be liable in any way for any failure to store, or for loss, or corruption of your Client Content.

Use of the Dookan Service (for our Clients)

Access, registration and eligibility

10. A Client may browse our Website and view certain Dookan Content without registering. However, as a condition to be eligible to use certain aspects of the Service and the Apps, it is mandatory for a Client to register and represent, warrant and covenant that:

10.1. The Client is a minimum of 18 years of age, and has requisite power and legal authority to enter into this Agreement with all terms and conditions herein;

10.2. If it is deemed that the Client is either a one of the Company’s competitors or has been previously banned from using the Service or if we have previously closed your account, the Client cannot use our Service(s), without the Company’s express written authorisation.

Member Account, Password and Security

11. Upon registration, the Company shall authorise the Client to create, update and monitor their account. Occasionally, Dookan may send you notices to the email address registered with your account. You must therefore keep your email address and where applicable, your contact details and payment details associated with your account current and accurate, as well as any other requisite information about your business/trade.

12. The Client must not register their account by “bots” or other automated methods.

13. The Client shall safeguard their account information and any other credentials used to access that account. The Client accepts the sole responsibility for any and all activities that occur under the Client’s password or account, including where the account is used by anyone other than the Client;

14. The Client must not impersonate another business or create or use an account for anyone other than yourself, nor must you provide an e-mail address other than your own or create multiple accounts;

15. Should there be any unauthorised use of a Client’s password or account or any other breach of security, the Client shall promptly notify the Company as soon as they become aware of this materialising.

Client Responsibility and Conduct

16. The Client is responsible for all and any of its conduct and communications with others throughout the engagement and duration of use of our Service. The Client must therefore represent, warrant and covenant that:

16.1. The Client will not purchase, use, or access the Dookan Service(s) for the purpose of building a competitive product, or service, or for any other competitive purpose;

16.2. The Client will not misuse the Dookan Service(s) by interfering with their normal operation, or by attempting to access the Dookan Service(s) through using any method other than through the interfaces and instructions that we provide upon registration;

16.3. The Client will not circumvent any limitations that the Company imposes on your account, such as by opening a new account that we have closed for violation or infringement of the law or our Terms of Service. The Client moreover will not impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;

16.4. The Client will not engage or assist, encourage or enable others to commit any act that infringes any Intellectual Property Rights of the Company or third-parties, or in any way exploit the Dookan Service(s) or any Content posted via the Website, web application, or otherwise (other than the Client Content);

16.5. Unless expressly authorised by the Company in writing, the Client must not use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of data from the Website, web application, or any other interfaces through which we make the Dookan Service(s) available;

16.6. Unless permitted by the applicable law, the Client must not deny others access to, or reverse engineer the Dookan Service(s), or attempt to do so

16.7. The Client will not pose or create a security risk to the Company, through any attempt or unauthorised access to the Dookan Service(s), user accounts, computer systems or network connected to our Company through containing viruses, corrupted data or harmful, disruptive or destructive files, hacking, password mining or any other means;

16.8. The Client will not engage in any form of behaviour towards the Company and other users of the Service’s that is unlawful, misleading, defamatory, obscene, vulgar, threatening, abusive, harassing or advocates harassment of another person, invasive of another’s privacy or publicity rights, racist, or in any way promotes bigotry, hatred or discrimination towards a particular person/group, or otherwise objectionable, which may restrict or inhibit another person from using or enjoying the Service, or which may expose the Company to any harm or liability of any type;

16.9. If your use of any part of the Dookan Service(s) requires you to comply with industry-specific regulations applicable to such use, the Client accepts sole and exclusive responsibility for such compliance. The Client must not use any part of the Dookan Service(s) in any way that would subject the Company to those industry-specific regulations, unless we have expressly agreed with you otherwise. For example, should you intend to use any part of the Dookan Service(s) to facilitate the promotion and sale of alcohol (which is subject to the Licensing Act 2003), the Client has a strict duty to promptly notify us of such intention so that we can enter into a separate business associate agreement with you that permits you to therefore use the Dookan Service(s) for such purpose.

16.10. The Client will not infringe or violate any of these Terms of Service, Privacy Policy, and/or any of the other policies and rules incorporated herein and any other applicable law.

Fees and Payment

17. The Client shall acknowledge and accept liability to pay the Company any fees for each Service that is purchased or used, in accordance with the pricing and payment terms presented to the Client for such Service.

18. The Client shall acknowledge and accept that when registering to use our web applications, referred to as Dookan and Dookan Dashboard, this is subject to a limited trial-offer only which shall entitle you at a discounted rate to access our Service(s).

19. The Client shall acknowledge and accept that the activation of your user account confirms your acknowledgement and acceptance of the terms and conditions set forth herein the Terms of Service and our Privacy Policy, and such activation shall commence when a payment of a one-off non-refundable fee in the sum of £50.00 is received, via a direct bank transfer, by the Company from the Client.

20. The service fee shall be retained by us in exchange for our marketing and advertisement work, via our web application tools. This is including but not limited to promoting your brand, goods and/or services, trade, location with a goal to enhance consumer awareness and orders for collection.

21. Should we require you to submit payment by any other means, apart from a direct bank transfer to us, you may be required to submit information pertaining to your credit/debit card details and billing address(es). However, we are committed to ensuring that appropriate safeguards are in place to protect your privacy and therefore use a secured third-party service to process payments. Should you make payment through these means, we encrypt your payment information via secure socket layer protection (SSL) to protect it from unauthorised use.

22. Should you decide that you no longer want to use our Service, you have the right to terminate your engagement. You must however write to us to express your wish to terminate at hello@dookan.co.uk.

23. You may only use this trial-offer once.

24. The Company shall reserve the right, in its absolute discretion, to withdraw or modify these pricing and payment terms at any time. However, we will provide you with reasonable prior written notice of any change in fees before such change becomes effective.

Termination

25. This agreement is effective and shall remain in force until terminated by either the Company or Client.

26. The Company, at its sole discretion, with or without notice, may suspend a Client’s ability to use certain portions of the Dookan Service(s), and/or or permanently terminate a Client’s account and/or ability to use the Dookan Service(s) should a Client be deemed to violate any of these Terms of Use, Privacy Policy and/or any of the other policies and rules incorporated herein and any applicable law.

27. Should the Company elect to either suspend or terminate a Client’s account, this may result in the forfeiture and destruction of all information associated with the account.

28. A Client is permitted, at any time, without notice to terminate their use of their account by writing to us at hello@dookan.co.uk.

Data Protection

29. During the course of your engagement with us, you may submit content to the Company, including your personal data, referred to as your Client Content. We understand that by providing us with your consent to obtain, process, store, share and disclose your personal information, you are entrusting the Company to adhere to ensuring that the appropriate safeguards are in place to protect you. Together with our Terms of Service and Privacy Policy we honour this in accordance with the (UK) General Protection Data Regulation 2016/679 and any other applicable data protection laws.

30. The Company therefore strongly recommends that you read our Privacy Policy, which can be found at www.dookan.co.uk/privacy. By submitting your personal information to us, you consent to the processing of your personal information as described in this Privacy Policy.

Third-Party Rights

31. The Client accepts and acknowledges that third-party services were used within the Website and web applications and shall acknowledge and agree that they are third-party beneficiaries of these Terms of Service. Upon acceptance of these Terms of Service, these third-parties may seek to elect their right to enforce these Terms of Service against the Client.

32. The Client accepts and acknowledges that the license to use the Website, website application, and Dookan Service(s) are conditioned upon compliance with all third-party terms of the agreement.

Disclaimers and Limitations of Liability

33. The liability of the Company in respect of the engagement with the Client shall be limited as follows:

33.1. To the extent permitted by law, Dookan expressly excludes any liability including any direct or indirect liability to any Client or any other users of our Service for any

direct, indirect or consequential loss or damage incurred by any Client in connection with the Dookan Website or web application, or in connection with the use, inability to use, or results of the use of the Website or web application, any websites linked to it and any materials posted on it. This is including, without limitation and liability for any:

  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time;
  • and, for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

33.2. This does not affect Dookan’s liability for death or personal injury arising from Dookan’s negligence, nor Dookan’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

33.3. The Company do not own or operate the Venue and does not have any influence or control over the rules and regulations of any Venue. The Company does not provide or sell alcoholic beverages. Any sale of alcoholic beverages and other services provided at a Venue are solely transacted between you and the consumer at the Venue, in accordance with the applicable licensing laws, and are not part of the Service. This is further including, without limitation to the Venue’s payment and sales terms, and any rules and regulations related to dress code, age limit, behaviour and conduct of the visitors and their accompanied guests. We further do not have any influence or control over the acceptance of these rules and regulations by other users of our Service(s).

33.4. The Client Content, detailing information about a Venue’s business/trade and the good(s)/service(s) offered by such Venue are displayed by Dookan on an as available basis that is provided to us by the Venue(s). The Company therefore cannot guarantee the quality of any good(s) or service(s) offered by a Venue, the price(s) listed, or the availability of all items at any Venue. Any reliance by a User upon the Client Content shall be strictly at such a User’s own risk.

33.5. By engaging with our Dookan Service(s), the Client acknowledges and accepts that during the course of our engagement with you, the Client may be introduced to third-parties, such as other users of the Dookan Service(s) and members of the public. In such events, the Company shall not take any responsibility for the actions or omissions of any other users or members of the public. The Client is therefore advised to take reasonable precautions with respect to any and all interactions with any third-parties encountered in connection with the said Service(s).

33.6. The Company is not responsible for addressing any disputes that may arise between any Client and other Venues, other users of the Dookan Service(s) and general members of the public. In the event of a concern, claim or dispute, the Client shall communicate directly with the other party in resolving such concern, claim or dispute.

33.7. The Company does not represent, warrant or guarantee that the Website and/or web applications will remain uninterrupted or error free, and in the event that the Website and/or web applications are subject to limitations, delays or other problems inherent in the use of internet and electronic communications, the Company is not responsible for any delays, delivery failures, or other damages, or liabilities arising from such problems.

Changes to our Services

34. The Client acknowledges that the Company may change and improve the Dookan Service(s) offered to you. We may add, alter, or remove functionality from any aspect of the Dookan Service(s). We may also limit, suspend, or discontinue any aspect of the Dookan Service(s) at any time at our sole discretion.

35. However, should we proceed with any of the above mentioned, the Company will provide the Client with reasonable advance notice to provide an opportunity to export a copy of your Client Content from the Dookan Service(s).

36. The Company may also remove Content from the Dookan Service(s) at any time in our sole discretion. Although, we shall endeavour to notify you before we proceed in doing so, should we consider that such removal may materially impact your business or trade.

37. The Client agrees that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Dookan Services(s) or portions thereof. Any updates or upgrades provided to you by us under the Terms of Service shall be considered part of the Dookan Service(s).

Miscellaneous

Independent Contractors

38. The relationship between the Company and the Client is that of independent contractors, and not legal partners, employees or agents of one another.

Assignment

39. The client may assign the maintenance of their account to an employee, third-party company or contractor. The assignee must acknowledge and accept the terms and conditions set forth herein the Terms of Service and our Privacy Policy. The Client must trust the assignee with their user account login details. The Client must provide contact details for the assignee.

40. The Client may assign the management of their account to the Company, for which the Client may be charged a service fee. Entire Agreement and Severability

41. These Terms of Service, together with any amendments, states the entire Agreement between the Company and Client.

42. If any provision of these Terms of Service is found by a court of competent jurisdiction to be unenforceable, such provision will be modified, rewritten and interpreted to include as much of its nature and scope as will render it enforceable. If it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the Agreement will be enforced as if such provision was not included.

No Waiver

43. The party’s failure to assert any right or remedy, or provision, under these Terms of Service shall not constitute a waiver of that or any other single or partial exercise of any right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.

International Use

44. The Client shall acknowledge and accept compliance with all applicable laws regarding the transmission of technical data exported from the United Kingdom of the county in which the Client resides in, outside of the UK, and with such local laws and regulations regarding the use and conduct on the internet.

Governing Law and Jurisdiction

45. This Agreement, any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in accordance with English Law.

Dookan (t/a Quicklink Media Ltd.)

Terms of Service for Users 
Effective date: 01 October 2020

All Users are encouraged to observe the Terms of Service and our Privacy Policy, as such represents a legally binding contract between Quicklink Media Limited t/a Dookan and the User. By registering and/or using the Service in any manner, including but not limited to visiting or browsing the Site, the User confirms to have acknowledged and accepted all terms and conditions contained herein. Please keep in mind that these provisions, including those which are incorporated by reference, may be modified from time to time, and that only those currently visible on our Website are up to date and valid at the time. Should any material change take place, we will notify you in advance and your continued use of the Service shall constitute your acceptance to the changes. If you do not wish to continue using the Service, you may terminate the agreement in accordance with the rights assigned to you pursuant this agreement. However, acceptance of our Terms of Service is a condition for the User to use the Service provided by us. Therefore, we encourage you to periodically familiarise yourself with the currently effective version of our Terms of Service made available via our Website.

Definitions

The “Website” means a collection of one or more web pages grouped under the same domain name, which can be found at: www.dookan.co.uk and also refers to Dookan’s web application herein referred to as Dookan that enables the User to utilise and access the services pursuant to this agreement. We may exercise our discretion from time to time to update or modify this web application.

The “Client Content” means any information that a Vendor retains all right, title and interest in. This is including any and all Intellectual Property Rights pertaining to the Vendor’s business/trade, and including information relating to its code, information, data, maps, icons, text, graphics, images, fonts, colour schemes, videos, messages or other materials such as special offers and menus that the Client may offer to Users via our Service.

The “Company” refers to as “Dookan”, “we”, “us” and “our” who are Quicklink Media Limited whose Company Registration Number is 9670603 and whose Registered Office is 37 Elmcroft Crescent, London, HA2 6HL.

The “Intellectual Property Rights” mean all intellectual and proprietary rights including but not limited to trade and service marks, registered and unregistered design rights, all design right applications, patents, copyrights, database rights, moral rights, and rights in know-how, confidential information and inventions and other intellectual property rights of a similar or corresponding character whenever and however arising and all renewals and extensions of such rights which may or in the future subsist.


The “Dookan Content” means the content that the Company create and make available in connection with the Service. This is including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Dookan Service(s), albeit the exception of your User Content and Client Content.

The “Service” means the Website and Web Application offered by our Company, to facilitate the Client with the ability to upload, post, publish or display information, including but not limited to any special offers, discounts, menus, logos, icons, graphics, images, and videos of any goods or services of the Client’s business or trade via our Website and Web Applications; Dookan and Dookan Dashboard.

The “Terms of Service” means these provisions under this agreement which Quicklink Media Limited and its affiliates provide the Services(s) to you. These may be modified from time to time.

The “User” refers to “you” or “your” refers to you, as a user of the Dookan Service(s). A user is someone who accesses or uses the Dookan Service(s) for the purpose of ordering, sharing, displaying, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Dookan Service(s).

The “User Content” means content that you upload, share or transmit to, through or in connection with the Service, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile.

The “Vendor” shall refer to corporate entity (including any sole trader, partnership, limited company or other organisations or person) who operate business trade, which may be including but not limited to stalls, shops, grocery stores, butchers, bakers, restaurants, coffee shops, pubs and bars, and any other business that sells products, which are displayed via the Website to facilitate the Service provided to the Client.

Ownership of the Dookan Service

1. Quicklink Media Limited and any of our parent companies, subsidiaries, joint-venture, or any other companies under our common control as defined in section 1159 of the UK Companies Act 2006, shall own all right, title and interest of all and any Intellectual Property Rights in and related to the Website, software platform, and the Service(s).

2. We shall retain all rights and ownership in relation to all Intellectual Property Rights, including but not limited to copyrights, trademarks, service marks, unregistered design rights, all design right applications, and patents, as well as all designs, text, graphics, pictures, video, visual interfaces, information, compilation, applications, software, music, sound, and elements and components and their selection and arrangement that are associated with the Dookan Content and Service(s) provided by the Company.

Your License to the Dookan Content

3. Subject to these Terms of Service, the Company hereby grants the User a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service only as expressly permitted in the provisions contained therein this agreement. You may use information made available through the Services solely for your personal, non-commercial use.

4. The Company does not grant the User, or any other third-parties, a right or license to use this in any other way, that is not set forth herein our Terms of Service and Privacy Policy, without our express written authorisation.

5. As such, the User shall comply with the following requirements in respecting our ownership of the Service in acknowledging and accepting that:

5.1 The User will not modify, reproduce, distribute, frame, create derivative works or adaptations of, publicly display, sell or in any way exploit any of Dookan’s Content and Service(s) provided in whole or part, except as expressly permitted by the Company;
5.2 The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, or the Service(s). The Company does not grant the User with any express or implied rights in the Content and Service, and all rights in and to the Dookan Service(s) are retained by the Company;
5.3 The User shall warrant that they will not modify the paper or digital copies of materials that they have printed or downloaded from the Website or through any other means whereby information relating to the Dookan Content and Service is available, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
5.4 Should it be deemed that a User has infringed or violated any of the terms pursuant to the Company’s Intellectual Property Rights provisions, the User accepts and acknowledges that their right to continue to use the Service(s) may cease immediately.

Our License to your User Content

6. By submitting your User Content via our Website or otherwise, you hereby grant the Company a perpetual, worldwide, irrevocable, non-exclusive, royalty free, sub-licensable and transferable license with full permission to use your User Content and all IP Rights therein for any purpose in connection with Dookan’s products and service that exist now or in the future. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyse, promote, commercialise, create derivative works, and in the case of third-party services, allow their users and others to do the same. You hereby grant the Company a right to publish your User Content via the Website or otherwise for the purposes of the Company to facilitate the User’s engagement and use of the Dookan Service(s).

7. The User is however responsible for all and any of its User Content throughout the engagement and duration of use of our Service. The User must therefore represent, warrant and covenant that:

7.1 The User shall act in good faith at all times;
7.2 The User is the owner of, or otherwise have the right to provide, modify and remove any of their User Content that is submitted, posted, and/or otherwise transmitted and made available through the Dookan Service(s);
7.3 Any information supplied by the User in connection with their User Content is accurate, complete and true. The User accepts and acknowledges that it is their sole and exclusive responsibility to check for the accuracy of any User Content, including but not limited to its design, grammar and spelling prior to publication on our Website, or any other means whereby the User publishes its User Content via the Dookan Service(s);
7.4 Any publication, reproduction or otherwise of the User Content that is made via the Service is at the User’s own risk. The User is aware that they may expose themselves to liability should they breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or violate or infringe any law;
7.5 The User acknowledges that, in order to ensure compliance with our legal obligations, we may be required to review certain User Content submitted to the Dookan Service(s) to determine whether it is illegal or whether it infringes or violates our Terms of Service in any manner. We may therefore modify, prevent access to, delete, or refuse to display any User Content that we believe infringes or violates the law or our Terms of Service;
7.6 The User is solely and exclusively responsible for maintaining, protecting, and making backups of their User Content. To the extent permitted by applicable law, we will not be liable in any way for any failure to store, or for loss or corruption of you User Content.

Your Use of the Dookan Service

Access, Registration and Eligibility

8. A User may browse our Website and view certain Dookan Content without registering. However, as a condition to be eligible to use certain aspects of the Service, it is mandatory for a User to register and represent, warrant and covenant that:

8.1 The User is a minimum of 18 years of age and has requisite power and legal authority to enter into this agreement with all terms and conditions herein. The Service is not intended for users under the age of 18. We do not knowingly collect any personal information from any User or market to or solicit information from anyone under the age of 18. If we become aware that a person submitting personal information is under this age, we will delete the account and any related information as soon as possible. If you believe we might have any information from or about a User under this age, please contact us at hello@dookan.co.uk
8.2 The User is in full compliance with all laws and regulations in the country in which you live in when you access and use the Dookan Service(s).

9. The User will be able to register to access and use the Service by using log-in credentials associated with your Dookan Account. In doing so, you confirm that you are the owner of any such Dookan Account. 

Member Account, Password and Security

10. The User shall safeguard their account information. The User accepts the sole responsibility for any and all activities that occur under the User’s account, including where the account is used by anyone other than the User.

11. The User must not impersonate another business or create or use an account for anyone other than yourself, nor must you provide an e-mail address other than your own or create multiple accounts.

12. Should there be any unauthorised use of a User’s account or any other breach of security, the User shall promptly notify the Company as soon as they become aware of this materialising.

13. If any dispute whatsoever arises due to the usage or ownership of the User account, the Company reserves the right to suspend a User’s account, at its sole discretion, until the Company have fully investigated the dispute. The User therefore hereby agrees that the Company has sole control as to whether any User account shall be displayed on the Service.

Using our Branding, Endorsements and Recommendations

14. The Company shall not permit or grant the User any rights and/or privileges with regards to any services or products offered by us and/or any organisations associated with us, without express mutual agreement and written consent of the Company.

15. The Company does not authorise the User to indicate, publicise or otherwise advertise that the Company endorses your service(s), product(s) or company or associated service(s), product(s), company, or other.

16. The Company does not authorise the User to use the corporate identity of Dookan in promotion of the User’s non-commercial or commercial use, in any way whatsoever, without the express written agreement of the Company.

User Responsibility and Conduct

17. The User is responsible for all and any of its conduct and communications with others throughout the engagement and duration of use of our Service. You must therefore represent, warrant and covenant that you will not:

17.1 Misuse the Dookan Service(s) by interfering with their normal operation, or by attempting to access the Dookan Service(s) through using any method other than through the interfaces and instructions that we provide upon registration;
17.2 Circumvent any limitations that the Company imposes on your account, such as by opening a new account that we have disabled for violation or infringement of the law or our Terms of Service;
17.3 Engage or assist, encourage or enable others to commit any act that infringes any Intellectual Property Rights of the Company or third-parties, or in any way exploit the Dookan Service(s) or any Dookan Content and Client Content posted via the Website, Social Media or otherwise;
17.4 Engage in any form of behaviour towards the Company and other users of the Service’s that is unlawful, misleading, libellous, defamatory, obscene, vulgar, threatening, abusive, harassing or advocates harassment of another person, invasive of another’s privacy or publicity rights, racist, or in any way promotes bigotry, hatred or discrimination towards a particular person/group, or otherwise objectionable, which may restrict or inhibit another person from using or enjoying the Service, or which may expose the Company to any harm or liability of any type;
17.5 Write any fake or defamatory review, trading reviews about another User and/or Vendor, or compensate someone or be compensated by someone to write or remove a review posted on the Service;
17.6 Engage in any form of unsolicited or unauthorised advertising, promotions, mass mailings, spamming, surveys, transmission of junk mail, chain letters, political campaigning, pyramid schemes, contests, sweepstakes or any other form of solicitation;
17.7 Other than appropriate use of an Add-to Link, involves commercial activities (whether or not for profit) and/or sales without the Company’s express consent;
17.8 Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of data from the Website, Web Application or any other interfaces through which we make the Dookan Service(s) available;
17.9 Deny others access to, or reverse engineer the Dookan Service(s), or attempt to do so;
17.10 Pose or create a security risk to the Company, through any attempt or unauthorised access to the Dookan Service(s), user accounts, computer systems or network connected to our Company through containing viruses, corrupted data or harmful, disruptive or destructive files, hacking, password mining or any other means;
17.11 Infringe or violate any of these Terms of Service, Privacy Policy, and/or any of the other policies and rules incorporated herein and any other applicable law.

User Feedback

18. Over the course of your engagement with our Service, should you share or send any ideas, suggestions, changes or documents regarding Dookan’s existing or current business, herein referred to as “User Feedback”, you agree to the following:
18.1 Your User Feedback does not contain the confidential, secretive or proprietary information of third- parties;
18.2 We are under no obligation of confidentiality with respect to your User Feedback, and shall be free to use the such on an unrestricted basis;
18.3 By providing User Feedback, you hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty free, sub-licensable and transferable license with full permission to use your User Feedback, and you irrevocably waive, against the Company and its users any claims/assertions, whatsoever of any nature, with regards to such User Feedback.
19. Notwithstanding the above, the Company nor any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works in any form to the Company or any of its employees.

Subscription and Membership Fees

20. At present, it is currently free of charge to use the Dookan Website. However, the Company reserves the right, in its absolute discretion, to charge a subscription and/or membership fee from a User, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Dookan Platform anytime in future.
21. Should we make any changes to this effect, you may be required to submit transactional information pertaining to your credit/debit card details and billing address(es) to continue to use our Service. However, we are committed to ensuring that appropriate safeguards are in place to protect your privacy and therefore use a secured a third-party service to process payments. Should you make payment through these means, we encrypt your payment information via secure socket layer protection (SSL) to protect it from unauthorised use.

Termination

22. This agreement is effective and shall remain in force until terminated by either the Company or User.
23. The Company, at its sole discretion, with or without notice, may suspend a User’s ability to use certain portions of the Dookan Service(s), and/or or permanently terminate a User’s account and/or ability to use the Dookan Service(s) should a User be deemed to violate any of these Terms of Use, Privacy Policy and/or any of the other policies and rules incorporated herein and any applicable law.
24. Should the Company elect to either suspend or terminate a User’s account, this may result in the forfeiture and destruction of all information associated with the account.
25. A User is permitted, at any time, without notice to terminate their use of their account by writing to us at hello@dookan.co.uk.

Third-Party Links

24. The Dookan Service(s) will contain information or promotional material, or other material submitted to the Company, via our Website, Website Application by a Vendor or other third-parties. This material may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by the Company.
25. The User acknowledges and accepts that they have understood that these Terms of Service and Privacy Policy do not apply to their use of any third-party sites made accessible to the User via our Website, Website Application or otherwise.

Disclaimers and Limitations of Liability

26. The liability of the Company in respect of the engagement with the User shall be limited as follows:

26.1 All Dookan Content and Client Content displayed via our Website, Website Application, or otherwise is strictly for informational purposes only. We disclaim any liability for any information that may have become outdated since the last time such information was updated. We reserve the right to make changes and corrections to any part of the Dookan Content and Client Content via these mediums at any time without prior notice to you.
26.2 The Company shall not in any event be liable directly or indirectly to any User of our Service for any direct, indirect or consequential loss or damage, that may arise directly or indirectly from a breakdown, an accident, adverse weather conditions or any circumstances beyond the Company’s control (including but without limitation in relations to: any strike, industrial action, fire, flood, acts of God, any consequence of riot or destruction of property by an act of terrorism and any other force majeure event).
26.3 The Company do not own or operate the Vendor and does not have any influence or control over the rules and regulations of any Vendor. The Company does not provide or sell alcoholic beverages. Any sale of alcoholic beverages and other services provided by a Vendor are solely transacted between you and the applicable Vendor, in accordance with the applicable licensing laws, and are not part of the Service. This is including, without limitation to its payment and sales terms, and any rules and regulations related to dress code, age limit, behaviour and conduct of the visitors and their accompanied guests. We further do not have any influence or control over the acceptance of these rules and regulations by other users of our Service(s).
26.4 The Client Content, detailing information about a Vendor’s business/trade and the good(s)/service(s) offered by such Vendor are displayed by Dookan on an as available basis that is provided to us by the Vendor(s). The Company therefore cannot guarantee quality of any good(s) or service(s) offered by a Vendor, the price(s) listed in menus, or the availability of all products by any Vendor. Any reliance by a User upon the Client Content shall be strictly at such a User’s own risk.
26.5 The User acknowledges and accepts that during our engagement with you, the User may be introduced to third-parties, such as other users of the Dookan Service(s), Vendors and members of the public. In such event, the Company shall not take any responsibility for the actions or omissions of any other users or members of the public. The User is therefore advised to take reasonable precautions with respect to any and all interactions with any third-parties encountered in connection with the said Service(s).
26.6 The Company is not responsible for addressing any disputes that may arise between any User and Vendor, other users of the Dookan Service(s) and general members of the public. In the event of a concern, claim or dispute, the User shall communicate directly with the other party in resolving such concern, claim or dispute.
26.7 The Company does not represent, warrant or guarantee that the Website and/or Website Application will remain uninterrupted or error free, and in the event that the Website and/or Website Application are subject to limitations, delays or other problems inherent in the use of internet and electronic communications, the Company is not responsible for any delays, delivery failures, or other damages, or liabilities arising from such problems.

Data Protection

27. During your engagement with us, you may submit content to the Company, including your personal data, referred to as your User Content. We understand that by providing us with your consent to obtain, process, store, share and disclose your personal information, you are entrusting the Company to adhere to ensuring that the appropriate safeguards are in place to protect you. Together with our Terms of Service and Privacy Policy we honour this in accordance with the (UK) General Protection Data Regulation 2016/679 and any other applicable data protection laws.
28. The Company therefore strongly recommends that you read our Privacy Policy, which can be found at www.dookan.co.uk/privacy. By submitting your personal information to us, you consent to the processing of your personal information as described in this Privacy Policy.

Changes to our Services

29. The User acknowledges that the Company may change and improve the Dookan Service(s) offered to you. We may add, alter, or remove functionality from any aspect of the Dookan Service(s). We may also limit, suspend, or discontinue any aspect of the Dookan Service(s) at any time at our sole discretion.

Miscellaneous

Assignment

30. The User may not assign these Terms of Service without the Company’s prior written consent, which may be withheld at the Company’s sole discretion.

Entire Agreement and Severability

31. These Terms of Service, together with any amendments, states the entire agreement between the Company and User.

32. If any provision of these Terms of Service is found by a court of competent jurisdiction to be unenforceable, such provision will be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. If it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the agreement will be enforced as if such provision was not included.

No Waiver

33. The party’s failure to assert any right or remedy, or provision, under these Terms of Service shall not constitute a waiver of that or any other single or partial exercise of any right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.

International Use

34. The User shall acknowledge and accept compliance with all applicable laws regarding the transmission of technical data exported from the United Kingdom or of the country in which the User resides in, and shall further comply with any local laws and regulations regarding the use and conduct on the internet.

Governing Law and Jurisdiction

35. This agreement, any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in accordance with English Law.