The platform for your restaurant

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR SERVICE

These Terms of Use (“Terms”) apply to your visit to and your use of the MDL Platform as well as to all other information, recommendations and/or services provided to you on or through the MDL Platform.

You hereby confirm that you have read and understood these Terms of Use. Any use of the Application or Service or related services constitutes acceptance of these Terms of Use.

Definitions.

• "MDL" means M4TRIX DEV LIMITED, a company incorporated in England and Wales with registered number 12342375 whose registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ ENGLAND.
• "Merchant" means independent vendors such as restaurants which are available in the MDL Platform, and which allow you to view their offerings, for example, their restaurant’s menus, to enroll in their reward program, to collect and redeem reward points, to confirm you are visiting the merchant by checking-in and checking-out, to place orders for Item(s), and pay for the Items accordingly.
• " Services" means the services set forth in paragraph 2, which shall be provided to you by MDL, including, without limitation, all brokering and billing services rendered for you by MDL, as well as the MDL Platform
• "Item" means food, beverage, or any other product made available by Merchant to Customer via the MDL Platform. 
• "MDL Platform" means the Website, applications, or other technology interfaces made available by MDL to you, on a royalty-free basis, to view and purchase Items and, if applicable, delivery services from Merchant. MDL Platform includes without limitation any application created by MDL in the Apple App Store and Google Play Store for mobile phones and tablets, including the D!ne app and any specific restaurant app.
• "Terms of Use" means these terms and conditions.
• "Website" means https://dneapp.godaddysites.com.

1. Contractual relationship
   
   1. These Terms govern the access or use by you, an individual, from within any country in the world of applications (including the D!ne App), websites, content, products, and services (the “Services”) made available by M4TRIX DEV LIMITED, a  company registered in  England and  Wales under number 12342375 whose registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ ENGLAND (“MDL”). 
   2. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and MDL. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. 
   3. MDL may terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason. MDL will provide you with as much notice as it reasonably can of such termination, cessation, or denial, being at least 24 hours notice. However, MDL reserves the right to terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, immediately at any time without notice if (i) you are in breach of these Terms, (ii) it is impractical to give such notice in the circumstances, or (iii) in MDL’s opinion, any delay in such termination would expose MDL or a third party to a significant risk of harm or damage.
   4. MDL may amend the Terms related to the Services from time to time. Amendments will be effective upon MDL’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
   5. Our collection and use of personal information in connection with the Services is as provided in MDL’s Privacy and Cookie Policy located at the Website. MDL may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Merchant and such information or data is necessary to resolve the complaint, dispute or conflict. By consenting to these Terms of Use, you also recognise and accept our privacy policy
2. The Services
   
   1. The Services constitute a technology platform that enables users of MDL’s mobile applications or websites provided as part of the Services (the ‘Application’), to browse the Merchant offering, for example, its restaurant menu, enroll to a Merchant reward program, collect and redeem reward points, place orders for Item, and pay in certain independent restaurants (‘Merchants’). 
   2. With the Application, you can browse and order Items in a Merchant. Your order triggers a process in the Merchant that provides it with information, including your personal data, your order details with the appropriate table number, the collection time, or delivery address. You hereby authorise MDL to disclose your orders, personal data, and location to Merchants and process them.
   3. MDL passes your order on to the Merchant and settles it in the name and for the account of the Merchant.
   4. Unless otherwise agreed by MDL in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. 
   5. You acknowledge that MDL does not provide Merchant services and that all such Merchant services are provided by Merchants who are not employed by MDL.
   6. The Merchants render their catering services in their own name and on their own account. The Merchants in no way act for MDL. You, therefore, enter into a contract with the Merchant, rather than MDL.
   7. MDL itself does not provide any food or drink or run any restaurants or provide any catering services
   8. Furthermore, it is solely at the discretion of the Merchant to enter into a service contract or any other contract with you.
   9. You are not obliged to use the Service; similarly, MDL is not obliged to offer you the Service or to render the Service successfully (in particular, to pass on orders or process payments).
   10. MDL serves as a platform that represents the services of the restaurant and enables you to place an order and make payment directly from your smartphone. The catering services (including orders and payments) are therefore subject to an agreement between you and the Merchant. The agreement between you and the Merchant is not part of these Terms of Use; the provisions agreed between you and the Merchant apply. Each Merchant is responsible for such provisions. At no time is MDL party to such an agreement.
   11. If you are an employee of the Merchant, you can use the service of the MDL's mobile application to record the start and end of your shift at the merchant, to view when you are supposed to start your shift, to view the task assigned to you by the Merchant and confirm the execution of such task, to view Merchant proprietary information like recipes, and any other service that the Merchant has requested MDL to manage thought the MDL app.
3. User account
   
   1. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to MDL certain personal information, such as your name, surname, telephone number and email. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or MDL’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by MDL in writing, you may only possess one Account.
   2. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Merchants unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Merchant or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
   3. You must first register and create a user account in order to use the Service or Application and place an order using the Application provided by MDL. During the registration process, you will be required to provide personal data (including your email address and name). After you have registered with MDL, you will receive a personal user account for which you can set a password.
   4. Each user account is associated with a specific natural person. We store your data in your user account. The user account combines information about you in order that you and we can better understand and manage your rights and obligations as an MDL user.
   5. User accounts cannot be transferred.
   6. You may not open more than one user account.
   7. You are also obliged to keep your user information up to date, correct, and complete at all times. At any time, you can ask MDL to make any necessary changes to your account by writing an email to m4trix.dev@gmail.com. If your data is no longer correct, complete or up to date, or if communication (in particular the collection of payments) with you is rendered impossible due to outdated, incorrect or incomplete contact information or for any other reason, we may no longer be able to provide you with the Service or Application; in particular, you may no longer be able to access or use the Service, or MDL may terminate, discontinue or suspend it.
   8. You are responsible for all activity on your user account and you are obliged to keep your username and password secure and secret at all times.
   9. MDL is entitled to verify the information you have provided at any time and to refuse to provide the Service or allow you to use the Application without provision of a reason.
4. Closure of your user account
   
   1.  At any time, you can ask MDL to close your user account with immediate effect by writing an email to m4trix.dev@gmail.com from the email used to create the MDL user account. Termination of your access to your user account does not always or automatically delete all related data. Please see our privacy policy at the Website.
   2. Additionally, we reserve the right to delete your user account at any time, particularly if we are unable to reach you at the email address specified in your user account.
5. User content
   
   1. At its sole discretion, MDL may permit you to submit, upload, publish or otherwise render available to MDL, the Merchants and/or other users text, audio and/or image content and information through the Application; i.e. comments and feedback on the service, food, and drink or other menu items or services, the Service, support queries and the submission of contributions (‘User Content’). You will remain the owner of all User Content you submit or otherwise make available.
   2. However, you grant MDL a global, irrevocable, transferable, free license – sub-licensable and unrestricted in terms of content or time – to all User Content, in particular to use, duplicate, market, alter, publish, disclose, exhibit in public and otherwise use in all formats and on all sales channels, regardless of whether these currently exist and/or are known or whether they emerge or become known only in the future.
   3. You are responsible for ensuring that: (i) You are either the sole and exclusive owner of all User Content or hold all rights, licenses, permits, and clearance required to grant MDL the aforementioned license to the User Content; and (ii) neither the User Content itself nor the act of sending, uploading, publishing or otherwise disclosing it, including use of the User Content by MDL, violates or ignores intellectual property rights or other rights of third parties, publication rights, personal rights or data privacy rights of third parties or could be held to represent a violation of applicable laws or regulations.
   4. You undertake not to place, send, upload, transfer, publish or make available any User Content that is offensive, slanderous, rude, violent, obscene, pornographic or otherwise objectionable or illegal, as judged by MDL at its own discretion, regardless of whether the User Content is protected by law. At its own discretion, MDL is entitled to check, monitor and remove User Content without notification. However, MDL is not obliged to check, monitor or remove User Content.
6. Use of the Service
   
   1. You must be at least 18 years of age to use the Service or Application and create a user account. You confirm that you are a legally capable individual who is able to enter into a binding contract.
   2. In particular, you undertake the following:
      
      1. You will use the Service or Application only for private, non-commercial purposes and not pass it on to third parties
      2. You will not permit or enable third parties to use your account
      3. You will not assign, transfer or otherwise render accessible your user account to any other person
      4. You will not use the account of a third party
      5. You will comply with all relevant legislation when using the Service or Application, and you will use the Service and Application only for legal purposes
      6. You will not use the Service or Application to cause annoyance, disruption or inconvenience
      7. You will not impede the correct operation of the network
      8. You will not attempt to harm the Service or Application in any way
      9. You will keep the account password we provide to you in order for you to access the Service and Application secure and confidential
      10. You will not use the Service or Application with an incompatible or unauthorised device
   3. In particular, MDL reserves the right to terminate the Service and use of the Application immediately if you do not fulfill all of the above obligations.
   4. You are responsible for the establishment and functioning of the data network access required for use of the Service and Application, and for any related costs. Access to and/or use of the Service and Application may incur data and connection fees from your mobile network provider; for example, payment for which you are solely responsible.
   5. You are responsible for procurement and update of the compatible hardware and devices required to access, update and use the Service and Application. MDL does not guarantee that the Service, Application, or parts thereof will work on the hardware or devices in question. Additionally, the Service or Application may experience problems and delays caused by the use of the internet and electronic means of communication.
   6. Furthermore, you are responsible for ensuring that you have downloaded the correct Application for your device. MDL is not obliged to continue to support older versions or otherwise ensure that they will continue to work or remain free from errors, in particular on the release of newer versions of the Application. You should always update to the newest version of the Application, in particular in order to make use of new features.
   7. In particular, MDL cannot be held liable if you have no functional data network access or compatible mobile device, or if you download the wrong version of the Application for your mobile device. Specifically, MDL reserves the right to terminate the Service or use of the Application if you use the Service or Application with an incompatible or unauthorised device.
   8. The description of the Services and any products or services for sale as listed by the vendor via MDL in our website or mobile application does not constitute a contractual offer to sell the Services or products.
   9. The prices of the goods advertised on the MDL Platform are determined solely by the Merchants. MDL takes no responsibility for variations in pricing or incorrect prices as a result of insufficient information provided from the Merchant.
   10. When an order has been made, MDL or the Merchant can reject it for any reason, although we will try to tell you the reason without delay, which must be due to running out of stock or resources, a price or description mistake, inability to obtain your payment or other genuine and fair reasons.
   11. When you place an order through our Application, it needs to be accepted by the Merchant before it is confirmed. We will send you a notification if your order has been accepted
   12. No variation of the order, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by you and MDL in writing.
   13. You have the right to cancel an order providing it is not being “prepared” by the Merchant. When an order is being prepared by the Merchant it cannot be canceled and it will be fulfilled. 
   14. To cancel an order you should contact the Merchant directly. For the sake of clarity, no guarantee is made that the order will be canceled if the Merchant does not receive the request for cancellation before the order start to be prepared. A merchant may at its sole discretion charge you a cancellation fee of 0.20 GBP plus 2.4% unless it is otherwise stated.
   15. Refunds will be processed as soon as reasonably possible and when any disputes have been settled and agreed upon by you and the Merchant.
   16. Merchant may use nuts or other allergens in the preparation of certain Items. Please contact Merchant prior to ordering if you have an allergy. MDL cannot guarantee that any of the Items sold by Merchants are free of allergens.
7. Payment
   
   1. The Application and Service can be used free of charge. MDL reserves the right to introduce a fee for use of the Application and/or Service. If MDL decides to introduce such a fee, it will notify you in advance and give you the opportunity to terminate the Contract.
   2. You understand that use of the Services may result in charges to you for the services or goods you receive from a Merchant
   3. The prices of the Items offered by Merchants can be found in the MDL Platform. These prices are set by the restaurant in question and are changed/updated from time to time. It is your responsibility to check the current prices of the menu items of the restaurant in question.
   4. MDL will charge the prices of the Items you order from the Merchant using the Application or Service in the name of the restaurant. MDL will clear your payment with the Merchant by acting with the limited authorisation of the restaurant to collect payments. The payments you make in this way are thus treated as if you had made them to the Merchant directly. All prices are payable immediately.
   5. You agree to pay for all food, drink and other goods you order from a Merchant, and authorise MDL to charge the food, drink and other goods or services you order to the credit card (including any taxes and late payment fees, if applicable, in connection with your account) specified when you place the order registered. You are responsible for the punctual payment of all costs and the provision of a valid credit card with which you will pay all costs to MDL at any time.
   6. MDL uses an external payment processing service (the ‘Payment Services Provider’) to link your credit card with the Application and the Service. In addition to these Terms of Use, the processing of payments or credit, if applicable, in connection with your use of the Application and the Service is subject to the terms and conditions and data protection guidelines of the Payment Services Provider and your credit card company. MDL is not responsible for any errors made by the Payment Services Provider. In connection with your use of the services, MDL will receive certain transaction details that it will use exclusively in line with its privacy policy.
   7. This payment structure is intended to fully compensate the Merchant for the services or goods provided. MDL does not designate any portion of your payment as a tip or gratuity to the Merchant. Any representation by MDL (on MDL’s website, in the Application, or in MDL’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that MDL provides any additional amounts, beyond those described above, to the Merchant. You understand and agree that, while you are free to provide additional payment as a gratuity to any Merchant who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Merchant.
8. Reward program
   
   1. MDL operates a Rewards Scheme ("Scheme") which allows Merchant to offer certain benefits to you in the form of reward if you use certain Merchant services or meet certain conditions (‘Reward). Rewards, and their related Merchant service or condition, are specified by the Merchant in the MDL Platform.  
   2. These rules (as may be amended by MDL from time to time) ("Reward Rules") together with the MDL Privacy Policy govern the Scheme. Participation in the Scheme is strictly subject to these Reward Rules. 
   3. MDL may change these Reward Rules and any change will be applicable to you from the date and time such revised Reward Rules have been communicated. Your continued participation in the Scheme by earning Points and redeeming Points for Rewards will constitute acceptance of the Reward Rules as amended.
   4. Merchant can without obligation join the Scheme and offer Rewards to Customers. If Merchant decides to offer Reward, Merchant will comply with the rules of the Scheme. 
   5. You must be 18 years or older to participate in the Scheme. MDL may in its absolute discretion refuse to allow any individual to participate in the Scheme.
   6. Under the Scheme, MDL will set up a Rewards account for you ("Member Card") to record points which have been earned and/or used by you in a certain Merchant ("Points") in exchange for certain specific rewards or benefits identified from time to time by the Merchant on the D!ne App ("Rewards"). 
   7. Under the Scheme, Merchant will confirm in the D!ne App how Customers can earn Points, which Rewards will be made available to Customer and how many Points are required to redeem a Reward. Merchant may provide a maximum of five Rewards to Customers.
   8. Each Merchant may offer you different Rewards types and each Merchant is free to identify which Reward to offer and how many Points are needed to redeem a Reward. MDL does not exert any control over any Merchants and as such is not liable or responsible for any actions taken or omitted to be taken by any Merchant.
   9. The Points you earn in a specific Merchant are specific to that Merchant only. You cannot use Points earned in one Merchant to redeem Rewards in another Merchant. You can decide to collect Points in more than one Merchant.
   10. Point and Rewards must be collected and redeemed by means of presenting to the Merchant your Member Card available in the MDL Platform, by means of submitting receipts in the MDL Platform or by other means as described in the MDL Platform. Merchant is responsible to review the Customer submission and either add Points to the Member Card or in case of Reward redemption detract the relevant Reward Points from the Member Card. MDL will be responsible for processing the allocation and redemption of Points. Points may be automatically collected in case orders are placed directly in the MDL Platform.
   11. Merchant may at its sole discretion set a minimum order value to allow Customers to be eligible to collect points. Request to collect points associated with an order below the minimum order value shall be rejected.
   12. MDL will award Points when a Merchant notifies MDL that you have undertaken a relevant transaction with the Merchant. The Merchant determines the transactions with it in respect of which Points can be earned. Merchant will issue Rewards in exchange for valid Points held in a Member Card. You will only be entitled to earn Points from a given Merchant in accordance with the Scheme if:
       
       1. the Scheme remains open. 
       2. you have activated a Member Card in the MDL Platform and you have used Merchant services or met certain condition as described in the Rewards page of each Merchant, usually spending a certain amount of money at the Merchant and 
       3. the Merchant restaurant has notified MDL that Points are to be credited to the Yours Member Card
   13. You expressly understand that if you activate a Member Card in the MDL Platform, you authorize MDL to share your contact details including your email with the Merchant and you authorize the Merchant and MDL to contact you via email or via app notification for purpose of direct marketing. If you do not want to receive marketing communication, you should not participate in the Scheme. Your continued access or use of the Scheme constitutes your consent to be bound by the Reward Rules. If you want to stop receiving marketing communication from MDL or a Merchant, you must 
       
       1. write an email to to  m4trix.dev@gmail.com from the email used to create the MDL user account and request to cancel your Member Card
       2. Unsubscribe from Merchant marketing communication in accordance with the Merchant processes. 
   14. Under the Scheme, you can request to leave the Scheme at any time. If you request to leave the Scheme, the following will apply:
       
       1. you lose the right to earn or redeem Points from that specific Merchant 
       2. all Points collected until that time from that specific Merchant are lost
       3. the Merchant will not be able to contact you directly anymore
   15. Under the Scheme, Points are earned or redeemed based on transactions which are made directly with the relevant Merchant. MDL shall not have any responsibility for the quality, fitness for purpose, delivery or standard of any goods or services received by or supplied to you under the Scheme. Transactions with Merchants and all Points and Rewards are subject to applicable laws and the terms and conditions of the relevant Merchant. When you exchange redeem a Reward from a Merchant, the agreement is between you and the Merchant and will be subject to that Merchant's terms and conditions.
   16. All Rewards are subject to availability.
   17. It is not possible to redeem Points until Points have been credited to the Yours Member Card. Points will only be credited to a Member Card if MDL has been notified by the Merchant of the number of Points to be credited.
   18. There may be some delay before MDL receives notification from a Merchant. MDL is not responsible for any error, delay, or failure by a Merchant to notify MDL of the Points to be credited to any Member Card.
   19. Points credited to a Member Card will expire two years from the date they are credited to that Member Card or the date of closure of the Scheme, whichever is the earlier. 
   20. Subject to these Reward Rules, the Scheme will remain open unless otherwise notified by MDL and Points and Rewards will be available to be earned and redeemed. MDL will endeavor to give notice of the closure of the Scheme.
   21. Under the Scheme, Points and Rewards can be used only once. If a Transaction in respect of which Points have been issued or redeemed is canceled, reversed or not completed MDL may re-credit the associated Points to the relevant Yours Member Card if and when instructed to do so by the relevant Merchant or Supplier.
   22. No Points or Rewards have any joint or several cash value and cannot in any circumstances be exchanged for cash or for any other benefit or reward.
   23. Further, Points are personal to you and may not be sold, transferred, or assigned to, or shared with, family, friends, or any other person.
   24. Neither Points nor Rewards may be sold or traded. MDL shall have no responsibility for your behavior, conduct, or actions.
   25. MDL reserves the right, in its absolute discretion, to terminate your Member Card where no Points have been earned or redeemed for a continuous period of 12 months or more.
   26. MDL can close with immediate effect your Member Card in the Scheme if it believes (1) that you concerned has violated these Reward Rules; or (2) that the use of your Member Card is unauthorised, fraudulent or otherwise unlawful; or (3) that there is evidence of any theft from or misconduct in connection with MDL or any Merchant; or (4) that you have supplied or intends to supply false or misleading information to or about MDL or any Merchant; or (5) that you have been abusive or offensive to MDL or about MDL or Merchant or Merchant staff.
9. License and restrictions
   
   1. Provided that you comply with these Terms of Use in their entirety, MDL grants you a limited, non-exclusive, revocable and non-transferable license that cannot be sub-licensed: (i) to access the Application and use it on your device in connection with the use of the Service; and (ii) to access all content, information and related material available through the Application and use it for personal, non-commercial purposes. MDL and its licensors retain all rights not expressly granted herein.
   2. The following is not permitted: (i) To remove references to copyrights, trademarks or other intellectual property rights from any component of the Application; (ii) to reproduce, modify, derive second-hand works from, sell, license, rent out, sell, resell, transfer, publicly disclose or display, transmit, stream, send or otherwise exploit the Application without the express consent of MDL; (iii) to decompile, reverse engineer or disassemble the Application beyond the limits of what is legally permissible; (iv) to create a link, frame or mirror a component of the Application; (v) to develop or install programs or scripts in order to scrape, index, survey or otherwise mine data or to unduly limit or inhibit the functionality of aspects of the Application; or (vi) to attempt to gain unauthorised access to or impede a component of the Application and its related systems or networks.
   3. The Service and the Application and all rights to these are and will remain the property of MDL and the licensors of MDL.
   4. Neither these Terms of Use nor your use of the Service will grant you any of the following rights: (i) to or in connection with the Service or the Application, with the exception of the aforementioned limited license; or (ii) to use or reference the name, logos, brands or other distinguishing marks of MDL or the licensors of MDL.
   5. However, the Service and the Application can be made accessible or used in connection with third-party services and/or content (including advertisements). You acknowledge that other terms of use and data protection provisions may apply in this regard. MDL cannot be held responsible or liable for any goods, services, or content of third parties.
10. Indemnification
    
    1. You undertake to indemnify MDL, its subsidiaries, licensors and elements, managers, employees and contractors against all claims, costs, damage, losses and liability claims (including legal fees and expenses) resulting from or in connection with a violation of any provision of these Terms of Use, statutory provisions or third-party rights – including those of Merchants – by you, or from or in connection with your use of the Service and/or Application.
11. Exclusion of assurances and guarantees
    
    1. All guarantees of MDL, in particular relating to the Service and Application, are hereby excluded. MDL makes no assurances and issues no guarantees or warranties of any kind related to the Application or the Service.
    2. Similarly, MDL makes no assurances and issues no guarantees or warranties of any kind related to the quality or suitability of the services of Merchants.
    3. The service is provided ‘as is’ and as available.
    4. In particular, MDL cannot guarantee that the MDL Platform, its content, the Service, and/or the Application are free from errors, defects, harmful programs or viruses, or that the Website and/or the Application are correct, up to date or free from errors.
    5. Furthermore, MDL makes no assurances and issues no guarantee that the Service will not be disrupted or is otherwise free from errors, and issues no guarantee concerning the reliability, quality, suitability, or availability of the Service, Application, or other services in connection with the Service and Application. Temporary disruptions or errors may occur and the Service or Application might experience restrictions, disruptions, delays, or other problems.
12. Disclaimer and limitations of liability
    
    1. MDL can be held liable for damage caused only through intent or gross negligence on the part of its elements.
    2. MDL rejects all other liability.
    3. In particular, MDL cannot be held liable for any damage resulting from the use of (or inability to use) the Website, Application, or Service, including due to harmful programs, viruses, errors, or the incompleteness of the information, Website or Application.
    4. MDL cannot be held liable for damage to third parties or third-party claims for damages, in particular for any damage resulting from or in connection with a contract between you and a Merchant. The quality of the Item provided through the use of the Application or Service is the full responsibility of the Merchant that provides the service. Under no circumstances will MDL accept any liability for and/or in connection with the Item provided by the Merchant or any other actions or omissions on the part of the Merchant. Any complaints related to the services of the Merchant or the food or drink should, therefore, be addressed to the Merchant.
    5. Should you contact us regarding a service contract or dispute with a Merchant, we will refer you to it. Should a Merchant contact us regarding a service contract or dispute with you, we will refer it to you; however, we reserve the right to provide the Merchant with information about you and the service contract or dispute in question.
    6. These disclaimers and limitations of liability also apply to auxiliaries of MDL and their agents and representatives.
13. Applicable law, place of jurisdiction and other provisions
    
    1. These Terms of Use (including any non-contractual matters) are governed by the law of England and Wales. 
    2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the User lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
    3. If any provision of these Terms of Use or the Contract should be null and void or ineffective, this shall not affect the effectiveness of the other provisions of the Terms of Use or Contract. Where legally permissible, the null and void or ineffective provision will be replaced by a provision that best approximates its original economic purpose.
    4. You may not transfer your rights and duties under these Terms of Use to a third party without the prior, express written consent of MDL.
    5. MDL may contact you regarding the Service or Application by means of a general notification or an email or standard letter sent to the email address stored in the user account information held by MDL.