The Secret Takeaways website and mobile apps (the “App”) is owned and operated by Occupyd Limited (“we”, or “Occupyd”, or “Secret Takeaways”) a company registered in Scotland with company number SC598965, having its registered office address at Exchange Tower, 19 Canning Street, Edinburgh, Scotland, EH3 8EH.

These Terms of Use apply to the use of the Site by you, the User. Certain capitalised terms used throughout these Terms of Use have the meaning given to them in clause 13.

  1. Basis of Contract
  1. By creating a Secret Takeaways account and/or by using the Service, Users agree to be bound by these Terms of Use and agree to Secret Takeaway’s Privacy Policy which is incorporated by reference into the Contract and is available at Privacy Policy. Users should not create an account or use the Service if they do not agree to the Terms of Use.
  2. The Contract shall be deemed to be entered into by the User when the User creates an account on the App and agrees to enter into the Contract on the basis of these Terms of Use by ticking the box confirming that they have read and accept these Terms of Use.
  3. In order to use the Service, Users must have or create an account by completing the account opening form or via Facebook or a Google mail account. If Users sign in using a Facebook account, Users authorise Secret Takeaways to access and use certain Facebook account information, including but not limited to User’s public Facebook profile and information about Facebook friends Users might share in common with other Secret Takeaways Users. For more information regarding the information Secret Takeaways collects from Users and how Secret Takeaways uses it, please consult our Privacy Policy.
  4. Any descriptive matter or advertising issued by Secret Takeaways is issued or published for the sole purpose of giving an approximate idea of the Service described therein and shall not form part of the Contract or have any contractual force.
  5. These Terms of Use apply to the Contract to the exclusion of any other terms that the User seeks to impose or incorporate, or which are implied by trade, custom, practice, purchase order or course of dealing.
  1. Supply of the Service

Secret Takeaways shall make the Service available to the Users on the basis of these Terms of Use.

  1. Obligations of all Users
  2. Users shall co-operate with Secret Takeaways in all matters relating to the Service.
  3. Users shall comply with Applicable Laws and ensure that health and safety standards are maintained at all times.
  4. You must provide accurate, complete, and current registration information at all times. Failure to do so constitutes a breach of these Terms of Use, which may result in immediate termination of your Secret Takeaways account. 
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Secret Takeaways immediately of any unauthorised use of your account or any other breach of security. Secret Takeaways will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Secret Takeaways or another party due to someone else using your account or password. You must not use anyone else’s account at any time without the permission of the account holder.
  5. Users must not use the Service for any purpose that is unlawful or prohibited by these Terms of Use.
  6. Users must not use the Service in any manner that could damage, disable, overburden, or impair any Secret Takeaways server, or the network(s) connected to any Secret Takeaways server, or interfere with any other party’s use and enjoyment of any Service. You must not attempt to gain unauthorised access to any servers, other accounts, computer systems or networks connected to any Secret Takeaways server or to the Service through hacking, password mining or any other means. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
  7. Users must not use the Service for the promotion of third party platforms or any communication Secret Takeaways judges to be unrelated to the Service. Users must not require or encourage other users to open an account, leave a review, or otherwise interact, with a third party website, application or service before, during or after using the Service.
  1. Secret Takeaways’ Rights
  1. Secret Takeaways reserves the right, at its sole discretion, to modify the App or Service or to modify add, or delete portions of these Terms of Use, including the Fees, at any time and without prior notice. If we modify these Terms of Use, we will post a notification on the Site or otherwise provide you with notice of the update on the Site and by email. By continuing to access or use the Site or any related Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, you must cease using any and all Services provided by us.
  1. Secret Takeaways’ Responsibility
  1. Secret Takeaways is not the owner of the businesses listed on the App.
  2. Secret Takeaways disclaims all liability for the legality, accuracy or completeness of any Listings or Content posted on the App.
  3. Secret Takeaways is not liable for denial of any services advertised on Secret Takeaways, for example if a Takeaway refuses or is unable to provide its services to the User.
  4. Secret Takeaways has no part in any payments/transactions between the User and a Takeaway and is not liable for transactions made outside of the App.
  5. Secret Takeaways takes reasonable care in employing conventionally available security measures to keep data of Users safe. Secret Takeaways cannot guarantee safety of this data if its servers or website application are hacked with malicious intent and Users’ data is compromised. If a User has evidence or suspects that another User is accessing their account to deface it or defame them, that User should inform Secret Takeaways immediately. In response, Secret Takeaways may bar access of that the offending User to its systems. Notwithstanding our attempts to prevent such activity, Secret Takeaways does not assume responsibility for any subsequent successful hacking attempt of any User.
  6. Although Secret Takeaways provides rules for User conduct, Secret Takeaways does not control or direct Users’ actions on the Site and is not responsible for the content or information Users transmit or share on the Site. Secret Takeaways is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on the Site. Secret Takeaways is not responsible for the conduct, whether online or offline, of any Use.

  7. Your use of the Service is at your sole risk. The Service is offered on an “as is” and “as available” basis.
  8. To the extent permitted by Applicable Law, no warranty or representation on behalf of Secret Takeaways is given that:
  • the quality of any Service, information or other material purchased or obtained by you through the Site or any Service provided by or on the Site will meet your expectations;

  • the Site or Service provided will meet your requirements;

  • the Service will be without interruptions, always timely and secure or free from all errors;

  • the results that may be obtained from the use of the Site or any Service provided by it will be accurate or reliable;

  • any errors in the software of the Site will be corrected; 
or
  • the Site, its servers, any other website Secret Takeaways redirects a User to or any mail sent from Secret Takeaways will not have viruses or harmful components. If any damage is caused to your computer system and any losses accrue it will not be the responsibility of Secret Takeaways. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  1. Secret Takeaways, its associates and affiliates cannot guarantee the accuracy, integrity or quality of any contents. You may be exposed to contents that are offensive, indecent or objectionable. We can only ask you to inform us immediately in order to remove any offensive material.

  1. Secret Takeaways’ Liability
  1. To the extent permitted by Applicable Law, Secret Takeaways shall not be liable to Users, whether in contract, delict (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
    1. loss of profits;
    2. loss of sales or business;
    3. loss of agreements or contracts;
    4. loss of anticipated savings;
    5. loss of use or corruption of software, data or information;
    6. loss of damage to goodwill;
    7. any fines levied by a user by an regulatory authority pursuant to Applicable Laws; or
    8. any indirect or consequential loss.
  2. To the extent permitted by Applicable Law, Secret Takeaways shall not be liable for the deletion or failure to store any Content. Secret Takeaways shall not be liable for any losses incurred by Users while the Service is not operational or is suspended.
  3. To the extent permitted by Applicable Law, the maximum liability of Secret Takeaways under this Contract to a User is limited to the amount a User has paid Secret Takeaways for the Service received by that User via the App.
  4. Clause 5 shall survive termination of the Contract.
  1. Intellectual Property Rights
  1. The Intellectual Property Rights in the Site belong to Secret Takeaways or its licensors. You may not use framing techniques to display this app, any part of it or any other proprietary materials of Secret Takeaways.
  2. Unauthorised use of the material, data, design, marks, trademark, copyrights or any information may violate intellectual property laws. You acknowledge that your use of the content on the Site will not be misused in any way or violate any Applicable Laws.

Term and Termination
The Contract will remain in full force and effect while Users use the Service and/or have a Secret Takeaways account. Users may terminate their account at any time, for any reason, by following the instructions in the Service. Secret Takeaways may terminate or suspend Users’ accounts or the provision of the Service at any time in its sole discretion.

General

  1. Assignation and other dealings: Secret Takeaways may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
  2. Entire agreement: the Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
  3. Variation: Secret Takeaways may vary or amend the Contract at any time by notice to each User in accordance with clause 3.
  4. Waiver: a waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
    1. waive that or any other right or remedy; or
    2. prevent or restrict the further exercise of that or any other right or remedy.
  5. Severance: if any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
  6. Third parties: no one other than a party to the Contract shall have any right to enforce any of its terms.
  7. Governing law: the Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with Scots law.
  8. Jurisdiction: each party irrevocably agrees that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

Interpretation

Definitions:

Applicable Laws: means all laws which apply to the Service and/or the Users (including laws relating to the rental of property).

Content: means all information displayed by Secret Takeaways on the app.

Contract: the contract between Secret Takeaways and Users consisting of these Terms of Use.

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Listing: means a Takeaway listing on the App.

Service: The Secret Takeaways platform allowing Users to browse and discover takeaways and then be redirected to those third party websites/apps.

Terms of Use: these terms and conditions as amended from time to time in accordance with clause 3.1.

Users: the users of the App.

Takeaway: the owner responsible for the Listing on the app.