User Agreement and Terms of Service
Customer Service (including condition and incident reporting) : email help@evergrill.co.uk
Last Updates to Our User Agreement & Terms of Service: 28th May, 2022.
PLEASE READ EACH PROVISION OF THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES (DEFINED BELOW). BY ACCESSING AND/OR USING OUR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT AND THE CONDITIONS OF USE STATED HEREIN, INCLUDING THE ARBITRATION PROVISIONS, DO NOT USE THE SERVICES.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AS FURTHER DETAILED IN SECTION 2. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.
This User Agreement & Terms of Service (collectively, the “Agreement”) is a legally binding agreement between you (“You,” “Your,” or “User”) and EverGrill Ltd., doing business and doing business as EverGrill (“EverGrill,” “We,” “Us,” or “Our”). This Agreement states the material terms and conditions that governs Your use of Our Services.
Our Services are comprised of the following:
1) Our Barbecue locations (“Locations”);
2) Our Barbecues (“barbecue,” “barbecues,” “BBQ,” “BBQs”, or “eBBQ(s)”), which are collectively referred to as “Products,” provided that additional terms and conditions set forth in Section 1 of this Agreement (including specific Eligibility Requirements) apply to Your use of our barbecues;
3) All other related equipment, maintenance, personnel, mobile applications, other software and information provided or made available by Us; and
4) Use of Our website, available at www.evergrill.co.uk (including any versions optimized for viewing on a wireless or tablet Device), Our mobile application (the “App”) and any interactive features, and/or other services that We make available and that post a link to this Agreement.
This Agreement, together with all updates, supplements, additional terms, and all of Our rules and policies collectively constitute this “Agreement” between You and Us.
We agree to allow You to rent the Products, subject to the terms and conditions set forth in this Agreement. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in British Pounds GBP (£).
In some instances, both this Agreement and separate guidelines, rules, or terms of use, setting forth additional or different terms and/or conditions will apply to Your use of the Services (in each such instance, and collectively, “Additional Terms”). The Additional Terms are incorporated into this Agreement by this reference. To the extent there is a conflict between this Agreement and any Additional Terms, this Agreement will control unless the Additional Terms expressly state otherwise. By using the Services, You acknowledge and accept the EverGrill Privacy Notice, and consent to the collection and use of Your data in accordance with that Privacy Policy.
1. RENTAL AND USE OF PRODUCTS.
1.1 Your Use of BBQs: This Section applies specifically to any use of a BBQ or other EverGrill products or services. Certain geographic restrictions may apply with respect to Your rental and use of BBQs, as may be further communicated to you via the App, our website or otherwise. BBQs may not leave their fixed location or the country in which they have been rented.
1.2 You are the Sole User of the Services. You certify and expressly agree that You are the sole renter and You are responsible for compliance with all terms and conditions contained in this Agreement. You understand that when You activate a Product, the Product must be used ONLY BY YOU. You must not allow others to use a Product that You have activated.
1.3 You are At Least 18 Years Old: You represent and certify that You are at least 18 years old.
1.4 OPERATION OR USE OF ANY BBQ BY ANY MINOR IS EXPRESSLY PROHIBITED. IF YOU ALLOW A MINOR TO USE A BBQ BY ACTIVATING IT THROUGH YOUR ACCOUNT, YOU SHALL BE RESPONSIBLE FOR ANY AND ALL MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, LEGAL FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN.
1.5 Approval. In order to use a BBQ, you must apply to use our Product currently referred to as BBQ, including uploading your information to the EverGrill App, such as name, email address and payment information. EverGrill reserves the right to approve or deny any application, and to rescind its approval, in its sole discretion. You represent and warrant that all information you submit in connection with your application is true and accurate.
1.6 Payment of Fees: You may use the Products on a pay per use basis or as otherwise in accordance with the pricing described in the App. In each case, fees and other charges may be subject to applicable taxes and other local and/or national government charges, which may be charged and collected by EverGrill. EverGrill will charge Your credit card or debit card (collectively, Your “Card”) or other agreed payment methods the amount of the fees as described in this Agreement. EverGrill uses “Stripe” for managing payment and refund transactions.
a. Promo Codes: Promo codes (“Discounts”) are one-time offers and can only be redeemed via the App or by contacting EverGrill at help@evergrill.co.uk. EverGrill reserves the right to modify or cancel Discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.
b. Valid Credit Card or Debit Card: You must input a valid Card number and expiration date, and any other card details as described in the EverGrill App before You will be registered to use the Services. You represent and warrant to EverGrill that You are authorised to use any Cards You furnish to EverGrill. You authorise EverGrill to charge the Card for all fees incurred by You. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by EverGrill. If You dispute any charge on Your Card account, then You must contact EverGrill within 10 business days from the end of the month with the disputed charge, provide to EverGrill all rental / usage information that is necessary to identify the disputed charge, such as the date of the booking, the approximate starting and ending times and condition you found the BBQ in before you began to use it. You agree to immediately inform EverGrill of all changes relating to Your Card.
1.7 You agree to follow all laws, rules, regulations, and/or ordinances pertaining to the use and operation of the BBQs (e.g., those set out by the Local Authority such as alcohol and drug use).
1.8 You agree that the BBQs are the exclusive property of EverGrill, and you may not tamper with, modify, repair, apply any form of decal or sticker to, or deface any BBQ (or any part thereof) in any way. Tampering includes not attempting to gain unauthorised access to, or otherwise use any Services in a manner that does not comply with this Agreement.
1.9 EverGrill, or its third-party contractors, monitors the location, status, telemetry and other information of the BBQ, and may collect information and data regarding your use of the BBQ.
1.10 Availability and Usage of BBQ: You agree and acknowledge that a BBQ may not be available at all times. BBQs may require periodic servicing and repairs in order to operate. You agree to use and operate BBQ safely and prudently and comply with all restrictions and requirements associated with BBQ, as set forth in any all applicable laws, rules, regulations, and/or ordinances.
1.11 Maximum rental time of a BBQ is 4 consecutive hours. You agree that You will deactivate the Product rental, via the process described and used by the EverGrill App, within 4-hours of time that rental of the Product began. You may then rent again. You agree that You are solely responsible for being aware of Your booking slot and any elapsed time that may be incurred during Your usage of the BBQ.
1.12 When you are finished with the BBQ, you simply leave the BBQ location and follow any on-screen instructions on the EverGrill App. You agree that You are solely responsible for being aware of any elapsed time related to timely deactivating any BBQ. The maximum charge is based on a 4-hour period pursuant to the pricing set forth in the App. You also agree that you are responsible for cleaning the BBQ at the end of the booking to the best of your ability. Cleaning products are provided by EverGrill and could be found at the side of the BBQ cabinet or at the park ranger's shed. At EverGrill's discretion, if the BBQ is left in unusable conditions, a cleaning fee may be charged (see clause 1.14 for further details).
1.13 Prohibited Conduct. You agree that you will not use the BBQs: (i) for any illegal use, or in any manner that violates applicable law and/or in the commission of any crime; (ii) for commercial purposes, such as advertising purposes or sub-contracting / hire for reward; (iii) while conducting any activities that may distract You from safely operating the BBQ; (iv) while under the influence of alcohol, drugs, medication, or any other substance that may impair Your ability to safely operate the BBQ.
1.14 Damage; Vandalism; Lost Items. You agree to leave the BBQ for the next User and/or EverGrill in the same condition in which such BBQ was rented, normal wear and tear excluded. You agree that you will be responsible for the cost of repairing and replacing any BBQ that you damage or cause damage to. You may also be responsible for the cost of cleaning any BBQ if Your use was beyond normal wear and tear (for example, melting plastic on the BBQ plate). At EverGrill's discretion, if the BBQ is left in unusable condition, you may be charge a £20 cleaning fee. If you vandalise any BBQ, you shall be liable for all costs of repair or replacement, up to £5,000 for each BBQ, in EverGrill’s sole and absolute discretion. EverGrill is not responsible for loss of or damage to Your property or the property of others left at any time in or on any BBQ or on EverGrill's or a local authority’s premises. EverGrill may hold lost items for up to 90 days or as otherwise required by law.
1.15 Reporting of Damage or incidents. You must report any accident, damage, personal injury, stolen or lost BBQ to EverGrill as soon as possible. If an incident involves personal injury, property damage or a stolen BBQ, you must file a report with the local police department within 24 hours.
1.16 It is Your responsibility to check the status / condition of the BBQ and to ensure that it is adequate for the use before initiating operation of the BBQ. Prior the start of each Rental Period, you must inspect the BBQ and inform Us (through the app or via email at help@evergrill.co.uk) of any damage, missing parts or inadequate cleanliness. If nothing is reported to us before scanning the QR code at the beginning of a Rental Period, You agree that there was no damage, missing parts or inadequate conditions on the BBQ at the commencement of the relevant Rental Period
1.17 EverGrill does not guarantee the time that You may operate any BBQ before it automatically shuts down / turns off completely (such as due to a temperature or usage safety mechanism).
1.18 Insurance. EverGrill will carry public liability insurance associated with the rental / use of the BBQs.
1.19 Payment of Fines; Fees. You agree to pay any fines, fees, penalties, court costs, and/or any other charges incurred by EverGrill that result from your misuse / improper use of any BBQ, or as a result of your violating any law, rule, regulation, and/or ordinance while using a BBQ. You agree that EverGrill may, in its sole discretion, pay all tickets, citations, fines and/or penalties on your behalf directly to the appropriate authority, and You will pay us for what we paid to the appropriate authority or their designated agent(s) plus a reasonable administrative fee. You agree and acknowledge that we cooperate with all government, municipal and local officials (e.g. national government, unitary authorities, county authorities and district and borough authorities) charged with enforcing infractions to provide any information necessary as they may request or may otherwise be required. You authorise EverGrill to bill you directly to the credit/debit card and/or other payment method on file with Your account. You authorise us to contact You directly regarding any tickets, citations, fines and/or penalties incurred by You or assessed against EverGrill or the BBQ while the BBQ was rented to You. In the event we use a third-party collection and/or administrative agent to resolve any tickets, citations, fines and/or penalties, You agree to pay all costs and collection fees including, but not limited to, administrative and legal costs to such agent upon demand without protest.
1.20 Your Liability. To the fullest extent permitted by applicable law and without limiting anything else in this Agreement, EverGrill reserves the right to hold You fully responsible for all damage, losses, claims and liability arising from Your use of any BBQ, including, without limitation: (a) physical or mechanical damage; (b) loss due to theft; (c) physical damage resulting from vandalism; (d) bodily injury of You or a third party; (e) third party claims; (f) and administrative charges, including the cost of appraisal and other costs and expenses incident to the damage or loss.
1.21 Indemnification. To the fullest extent permitted by applicable law and without limiting Your indemnification obligations , You agree to indemnify and hold harmless EverGrill from any tickets, citations, fines, penalties and administrative fees incurred as a result of Your use of a BBQ, and any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, legal fees, judgments, suits settlements or disbursements of any kind or nature arising from: (a) Your negligence or willful misconduct; or (b) Your breach of this Agreement.
1.22 Termination of Your Ability to Use BBQs. At any time, in EverGrill’s sole and absolute discretion and without any notice or cause, EverGrill may unilaterally terminate Your right to use a BBQ. You may terminate your use of a BBQ at any time. Upon any such termination: (a) Your right to access and use a BBQ will terminate and You must immediately cease all such use; (b) You must pay EverGrill any unpaid amount that accrued before such termination.
1.23 You are a Competent Operator: You represent and certify that You are familiar with the operation of the Product, and You are reasonably competent and physically fit to use the Product. By choosing to use a Product, You assume all responsibilities and risks for any injuries and/or medical conditions, as detailed further below. You are responsible for determining weather conditions, including rain, snow, hail, ice or electrical storms, and/or any other conditions which, whether caused by the weather or otherwise, make it dangerous to operate a Product. You are advised to adjust Your behaviour to suit all conditions and variables, including weather.
1.24 You will not operate any Product while carrying items (such as a rucksack) if it impedes Your ability to operate safely the Product; or use Devices in a way that may distract You from safely operating any Product.
1.25 Products are the Exclusive Property of EverGrill: You agree that the Products, and any EverGrill equipment attached thereto, at all times, remain the exclusive property of EverGrill. You must not dismantle, write on, or otherwise modify, repair or deface any Products, or any part of any of the Products, or any other EverGrill equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Products in any way. You must not use any Products for any advertising or commercial purpose.
1.26 Compliance with Laws: You agree to follow all laws, rules, regulations, and/or ordinances pertaining to the use, and/or operation of the Products.
1.27 YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY VIOLATION OF ANY LAWS, RULES, REGULATIONS, AND/OR ORDINANCES CAUSED BY YOUR USE OF THE SERVICES, INCLUDING IMPROPER USE, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY AND ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, COSTS AND EXPENSES, PENALTIES, LEGAL FEES, JUDGMENTS, SUITS, FEES (INCLUDING FEES CHARGED BY ANY LOCAL GOVERNMENT) AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN, AS A RESULT OF USING ANY OF THE SERVICES.
1.28 ACCEPTANCE OF AGREEMENT: I certify that I am at least 18 years old, and that I have read and expressly agree to the terms and conditions set forth in this Agreement, including specifically, the arbitration provisions provided in Section 2: Arbitration; Dispute Resolution (see below) .
2. ARBITRATION & DISPUTE RESOLUTION.
2.1. Dispute Resolution: Certain portions of this Section 2 are deemed to be a “written agreement to arbitrate” pursuant to any Legal Arbitration Acts in the the country in which the BBQ is located. You and EverGrill expressly agree and intend that this Section 2 satisfies the “writing” requirement of any such Acts. This Section 2 can only be amended by mutual agreement.
2.2.
Informal Resolution of Disputes and Excluded Disputes: If any controversy, allegation, or claim arises out of or relates to the Services, the Content, Your User-Submissions, this Agreement, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of EverGrill’s actual or alleged intellectual property rights (an “Excluded Dispute”), then You and EverGrill agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to You will be sent to You based on the most recent contact information that You provide us. But if no such information exists or if such information is not current, then We have no obligation under this Section 2.1. Your notice to us must be sent to:
help@evergrill.co.uk. For a period of sixty (60) days from the date of receipt of notice from the other party, EverGrill and You will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either You or EverGrill to resolve the Dispute or Excluded Dispute on terms with respect to which You and EverGrill, in each of our sole discretion, are not comfortable.
2.3.
Binding Arbitration: If We cannot resolve a Dispute as set forth in Section 2.2 (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, LAW, STATUTE, RULE, REGULATION, ORDINANCE, TORT INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE, COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE SERVICES.
2.4. National government law and/or relevant Arbitration Acts shall govern the arbitrability of all Disputes regarding this Agreement (and any Additional Terms) and the Services. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. EverGrill and You agree, however, that national government law shall apply to, and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising from a Dispute regarding this Agreement and the Services, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to local authorities choice of law principles.
2.5. Arbitration will follow the Arbitration Act 1996.
2.6. Arbitrator’s Decision: The Arbitrator will render a written decision within the time frame. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. The Arbitrator’s decision shall be final and binding on all parties. The prevailing party in the arbitration shall be entitled to an award of legal fees and costs, as long as the Arbitrator includes such an award of legal fees and costs in the written decision.
2.7. Limited Time to File Claims: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR EVERGRILL WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR EVERGRILL MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH HEREIN) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth herein; (b) filing for arbitration; or (c) filing an action in court.
2.8. Injunctive Relief: The foregoing provisions of this Section 2 will not apply to any legal action taken by EverGrill to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, any Content, Your User Submissions and/or EverGrill’s intellectual property rights (including those that EverGrill may claim are in dispute), EverGrill’s operations, and/or EverGrill’s Products and/or Services.
2.9. Small Claims Matters Are Excluded from Arbitration Requirement: Notwithstanding the foregoing, either You or EverGrill may bring a qualifying claim or Dispute (but not Excluded Disputes) in small claims courts of competent jurisdiction.