The Kyooz app is a mobile platform that enables users ("you", and "your") to pre-book and schedule someone (the “Kyooer”) to wait in line on their behalf at any locations within London. The app and the service it provides ("Services") to connect users like you to Kyooers (as defined in section 2 below) is provided by The Queuing Company Ltd. ("we", "us" and "our"), company number 10977449 whose registered address is at International House, 776-778 Barking Road, Barking, London, E13 9PJ, United Kingdom.
If you want to use the Service, you must first create a user account. By creating a user account, you accept these Terms when prompted on your device. This will create a binding legal contract between you and us for each order you place with us for the Service. If you do not agree to the Terms, please do not press to accept them and you will not be able to create a user account or use the Service. To create a user account and use the Service, you must be 18 or older, and have the power to enter into a binding contract.
IMPORTANT - PLEASE NOTE: We are a software company and operate the Services only. The Services constitute a technology platform that enables users of Kyooz’s mobile applications or website provided as part of the Services (each, an “Application”) to pre-book and schedule someone to wait in line on their behalf with independent third-party providers of such queuing services. It is up to the third-party provider you engage via the Service (defined for the purpose of these Terms as the "Kyooer") to perform any queuing services you order via the Service. We provide information and enable you to book those third-party queuing services, but we do not provide queuing services ourselves or act in any way as a Kyooer. Therefore, we have no responsibility for anything that is done, or not done, by a Kyooer unless expressly set out in these Terms.
We accept payment by debit or credit cards from Visa, MasterCard or American Express. We do not accept payment by pre-paid cards.
The majority of your payment is for the benefit of the relevant Carrier, and we only take a commission to cover the service we provide in facilitating your booking.
We may, from time to time, provide you with a promotional code which can be used on an order placed with us. You may only use one promotional code on each order placed with us.
A promotional code is only valid for one use. You may not register multiple accounts with us in order to use the promotional code more than once. If we discover that you have done this, we will charge you the full value of all orders placed by you for which the promotional code was not valid.
A promotional code may entitle you to a credit which can be applied against an order placed with us. Such credit may only be used on one order and cannot be applied across multiple orders. If you choose to apply your credit to an order with a total value which is less than the amount of the credit, the unused portion of the credit will be lost.
Additional terms and conditions may apply to the use of promotional codes. We will let you know what these are when we provide you with the promotional code.
When you have submitted your booking request, you will be notified when a Kyooer has been allocated and at other key stages as they carry out your request.
7. Your Cancellation Rights
Consumers have the right to cancel orders at any time prior to a Kyooer being assigned to their order or if the Kyoeer fails to join the line at the pre-agreed time (subject to the following paragraphs concerning how to cancel and cancellation fees).
You acknowledge that, by placing an order for the Service, you are requesting the Service to be provided to you in accordance with the timeframe requested by you via the Service. You acknowledge that, once the Service has been completed, you will lose your right to cancel your order for the Service.
8. How to Cancel Your Order
In order to cancel your order for the Service, you must inform us of your decision to cancel by clicking to the “Cancel Order” button in the mobile application or by contacting us at email@example.com. If you use email, we will send you an acknowledgement of receipt by email.
9. Cancellation Fees
If you cancel your order, you may be required to pay us a cancellation fee in relation to the Service.
Cancellation fee for the Service
10. Our Cancellation Rights
We may cancel your order where the Kyooer is unable to wait at the required location (for example, where you require a Kyooer to wait beyond a point which requires you to be there in person i.e. after an identity check, ticket check or a security check). If we have to cancel your order in such circumstances, we will notify you and refund to you any amounts charged to your payment card in respect of such order.
If you have not replaced the Kyooer in line within 15 minutes of the agreed meeting time, we may cancel your order and the Kyooer will be entitled to leave the address without completing your order.
If you attempt to replace the Kyooer with more people than specified in the order details, this will be considered as a contract breach and the Kyooer has the right to refuse to give you his space in line.
In such circumstances, you will still be charged for the Services.
11. Your Use of the Service
We (or our licensors) retain ownership of the Service and its associated intellectual property. We grant you a non-exclusive, non-transferable right to use the Service's features solely for your own personal, non-commercial purposes, subject to these Terms. All rights we do not grant to you specifically in these Terms are reserved by us.
We may terminate these Terms and close your account any time without notice if we cease to provide the Service in your area.
We reserve the right to suspend, restrict or terminate your access to the Service at any time without notice if we have reasonable grounds to believe you have breached any of these Terms.
Suspension, restriction or termination of your access to the Service will not limit our right to take any other legal action against you that may be appropriate.
You may stop using the Service at any time.
13. Our Legal Obligations
Nothing in these Terms excludes or limits our or your liability for death or personal injury caused by our negligence or for fraud or fraudulent misstatement.
Whilst we will always strive to provide you with a service you are pleased with, we would like to remind you that we are not responsible for:
losses, damage, costs or expenses not caused by our breach of these terms;
the behaviour, actions or omissions of any Kyooer you may use (see also "Disclaimer" in section 2 above);
the accuracy of our Kyooer’s waiting time estimations;
the actions or omissions of other users of the Service;
any indirect or consequential loss or damage which means a loss suffered by you which is a side effect of the main loss or damage and where we could not have anticipated that type of loss arising when you agreed to these terms; or
any harm, loss or damage suffered by you or anyone else if the Service is interrupted, suspended or otherwise not provided to you or if we do not comply with these terms because of events beyond our control (for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure).
For any loss or damage suffered by you or anyone else that may arise from use of the Service and which is not otherwise excluded under this section 16, our liability is limited to £50.
14. Technical Limitations
We do our best to provide a service you will enjoy, but the Service is provided without express or implied warranty or condition of any kind, on an "as-is" basis.
You acknowledge and accept that your access to the Service is dependent on connectivity over communications networks and facilities that are outside of our operation and/or control and that your use of the Service may be subject to limitations, delays and other problems inherent in the use of such networks and facilities.
Taking this into account, we give no warranty that your use of the Service will be uninterrupted or error free. We will use our reasonable endeavours to provide a good, consistent service, however, you acknowledge and accept that we are not responsible for any loss or damage of any kind that you may suffer as a result of any interruption or delay to your access to the Service, or as a result of any failure or error in the transfer of data over those networks and facilities in connection with your use of the Service.
15. Third party services
The Service enables you to order queuing services that are provided by a third party Kyooer. The terms applicable to use of that third party Kyooer's service will apply and we will not be responsible for anything that is done or not done by you or the Kyooer in connection with your use of their service.
We do not endorse or take any responsibility for statements, advertisements or any content whatsoever transmitted through, or linked to from, the Service by other users or third-party service providers (including Kyooers).
We do take reasonable measures to verify the quality of the Kyooers, such as conducting interviews, obtaining proof of identification and address. We are willing to listen and, if we deem it appropriate, take action in relation to any feedback you may have in relation to a Kyooer.
16. Contacting Us
If you need to contact us, please email us at firstname.lastname@example.org.
Any disputes in connection with these Terms will be governed by and interpreted in accordance with the laws of England and Wales. If you choose to bring proceedings in connection with these Terms you must do so in the courts of England and Wales.
18. Other Important Legal Terms
We can assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any company, firm or person. We will only do this if it does not affect your rights under these Terms. Please note that you may terminate your agreement with us at any time. You may not transfer your rights or obligations under these Terms to anyone else.
If you breach these Terms and we take no action against you, we will still be entitled to enforce our rights and remedies against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms.
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the remainder of the Terms will continue to govern each of our respective obligations.
These Terms are not intended to give rights to anyone except you and us.
Except as otherwise expressly stated, these Terms contain the entire agreement between us and you relating to use of the Service and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us and you relating to use of the Service.