1. Introduction
This User Agreement, the Green Plate Limited User Privacy Notice, the Mobile Device Terms and all policies posted on our sites set out the terms on which Green Plate Limited offers you access to and use of our sites, services, applications and tools (collectively 'Services'). All policies and the Mobile Device Terms are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.
2. About Green Plate Limited
Welcome to Green Plate Limited APP, which is owned by Green Plate Limited, company number 14333109, 32 Portland Place, London, W1B 1NA.
The Green Plate's mission is to raise awareness of food waste and reduce food waste by making surplus food available for consumption. Help business or individuals to realize efficiency ordering and cashless process.
Green Plate Limited has a marketplace that allows users to offer, sell and buy just about food in various pricing formats and locations. The point of sell function can help business running efficient and food waste function can help measure waste.
Green Plate Limited does not have possession of anything listed or sold through Green Plate Limited and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. Green Plate is not a party to the transaction and is not a traditional auctioneer. The legal contract for the supply and purchase of Products is between you and the sellers that you place your order with and we will conclude the sale of products on behalf of, and as agent for in all cases.
While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Green Plate does not review users' listings or content. While we may help facilitate the resolution of disputes through various programmes, Green Plate has no control over, and does not guarantee the existence, quality, safety or legality of, items advertised; the truth or accuracy of users' content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Our role is commercial agency, for the avoidance of any doubt, any orders processed by GREEN PLATE through the Site are processed by GREEN PLATE in its capacity as agent of the relevant Seller.
3. Using Green Plate
In connection with using or accessing the Services you will not:
post, list or upload content or items in inappropriate categories or areas on our sites;
breach or circumvent any laws, third-party rights or our systems or policies;
sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
fail to deliver items sold by you, unless you have a valid reason as set out in a Green Plate policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
manipulate the price of any item or interfere with any other user's listings;
post false, inaccurate, misleading, defamatory, or libellous content;
take any action that may undermine the Feedback or ratings systems
transfer your Green Plate account and user ID to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
use the contact information of other users for any purpose other than in relation to a specific Green Plate transaction on the Green Plate site (which includes using this information to send marketing materials directly to Green Plate users unless the user has given explicit consent to receiving these materials).
distribute viruses or any other technologies that may harm Green Plate, or the interests or property of Green Plate users;
use any robot, spider, scraper or other automated means to access our Services for any purpose;
bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
export or re-export any Green Plate application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Green Plate. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Green Plate or someone else;
infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
commercialise any Green Plate application or any information or software associated with such application;
harvest or otherwise collect information about users, such as email addresses, without their consent; or
circumvent any technical measures we use to provide the Services.
If you are registering with Green Place Limited as a business entity or on behalf of a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on Green Plate you must comply with all applicable laws relating to online trading for the site you are selling on.
You agree that we will commence supplying our Services to you as soon as you accept this User Agreement. You can also cancel the User Agreement. We may recoup the cost of any Services provided up to the point of cancellation.
If we believe you are violating the policy on offers to buy or sell outside of Green Plate, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees for the introduction of seller to buyer, and recovery of expenses for policy monitoring and enforcement.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Additionally, we reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.
4. Abusing Green Plate Limited
Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
we think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;
we think that such restrictions will improve the security of the Green Plate community or reduce our or another Green Plate user's exposure to financial liabilities;
we think that you are infringing the rights of third parties;
we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
you fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date.
When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.
5. Fees
We will charge a listing fee when you create a listing, and a final value fee when your item sells. Other fees may apply if you add upgrades to your listing currently £1, or if your item sells or ships to a buyer in far distance.
Listing fee
Sellers can list for free on Green Plate Limited. After you've used your monthly allocation of 1,000 free listings or more, you'll be charged 35p for each new listing created.
Final value fees
You pay one final value fee for items you sell on Green Plate Limited, and you don't have to worry about third party payment processing fees.
The final value fee is calculated as 15% of the total amount of the sale (which includes the item price, taxes and any other applicable fees), excluding post fee. If the total amount of the sale is over £2,500 for a single item, you'll pay 3% for the portion of the sale price above £2,500.
An order is defined as any number of items purchased by the same buyer at checkout with the same shipment method.
Your final value fees are automatically deducted from your sales proceeds and the rest paid out to your bank account.
If your item doesn't sell you usually don't pay a final value fee. However, if you offer or reference your contact information to another user or ask a buyer for their contact information, in the context of buying or selling outside of Green Plate Limited, we charge a final value fee for introducing you to the buyer. In this case, the final value fee is based on the higher of the fixed price, buy it now price, reserve price or the price identified between the buyer and seller.
If you need to refund the buyer or cancel the sale, you may be eligible for a credit of the variable percentage portion of the final value fee provided that you refund the buyer in full in resolution of a return or cancellation request. The 35p per order fee will not be credited.
Fees for optional listing upgrades
Certain features, like adding a subtitle, do require an additional fee, but these optional listing upgrades can help your listing stand out and attract more buyers.
We charge optional listing upgrade fees per listing regardless of whether your item sells – these fees are not included in your allocation of free listings. If you choose to relist your item, optional listing upgrade fees apply again.
Dispute fee
When you are found responsible for a chargeback or other disputed amount as per Green Plate Limited policies, we charge a £16.80 dispute fee for each dispute.
Other terms and condition
We always want to make sure we're clear about the fees we charge, so here are some details you should be aware of:
All fees displayed on this page are inclusive of VAT at 20%
Listing fees and optional listing upgrade fees apply to each listing you create, are charged at the time of listing or relisting, as applicable, and are non-refundable. Fee amounts are based on the terms in effect when the listing goes live and when it renews. If you select more than one category for your listing, listing and optional listing upgrade fees apply for each category
If your payment method fails or your account is overdue, we reserve the right to limit or suspend the services which Green Plate provides to you
There may be instances when your listing doesn't immediately appear in search results. This can take up to 24 hours. We can't guarantee exact listing durations
Seller fees don't purchase exclusive rights to web pages on Green Plate Limited. We may, at our sole discretion and without consent from or payment to sellers, display third-party advertisements (including links and references thereto) and listings from other sellers on any Green Plate Page
We may change our fees, or introduce new fees from time to time by posting the changes on the Green Plate site or via the my account section of Green Plate - opens in 30 days in advance. You may close your account without penalty within 30 days of such notice being given.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all Green Plate Services, even if sales terms are finalised or payment is made outside of Green Plate. In addition, if you are a seller and you offer or reference your contact information or ask for a buyer's contact information, you may be liable to pay a final value fee in consideration for the introduction to a buyer for that item on the Green Plate site, even if the item does not actually sell.
You are required to have a valid payment method on file when selling on Green Plate. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.
You authorise Green Plate to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services. Green Plate will notify you of these charges. If payments or amounts owed to Green Plate cannot be completed through the payment method on file for any reason, you are still required to pay Green Plate for all unpaid amounts and Green Plate reserves the right to seek reimbursement through other means plus any additional costs incurred by Green Plate in seeking reimbursement. You can change your payment method in My Green Plate at any time.
Seller fees don't purchase exclusive rights to item exposure on Green Plate whether on a web page, mobile app, or otherwise. We may display third party advertisements (including links and references thereto) or other content in any part of our Services, at our sole discretion.
6. Listing Conditions
When listing an item, you agree to comply with the rules for listing and selling practices policies and that:
You are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the prohibited and restricted items and all other relevant policies;
your listing may not be immediately searchable by keyword or category for up to 24 hours. Green Plate does not guarantee exact listing durations;
unless otherwise specified by law, you are responsible for all taxes (including but not limited to the tax amount itself, as well as any penalties, fines, charges, or late payment interest) related to your sales on the Green Plate site, where applicable, and you agree to use the Services in accordance with the Tax Policy. To the extent possible under English law, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to your failure to provide a valid VAT registration number and/or your failure to pay any such taxes, penalties or interest;
content that violates any of Green Plate policies may be modified, obfuscated or deleted at Green Plate discretion;
In accordance with the listing with the Green Plate category we may revise product data associated with listings to supplement, remove, or correct information;
we strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
buyers' location, search query, browsing site and history;
item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
seller's history, including listing practices, Detailed Seller Ratings, Green Plate policy compliance, Feedback, and defect rate; and
number of listings matching the buyer's query
to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer;
some advanced listing upgrades may only be visible on certain Green Plate Services;
listing upgrades may be paid-for benefits that can affect the appearance or placement of listings in the search and browse results, for example Promoted listing;
Green Plate duplicate listing policy may also affect whether your listing appears in search results;
meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results;
we may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers;
Green Plate advertises the Services and provides other Green Plate companies and third parties with access to your listings and content for this purpose. This includes, for example, the display of listings and content of users on price comparison sites or third party advertising placements;
You are permitted to offer your own additional services (such as guarantees or assembly and installation services) if you do so in accordance with this User Agreement and applicable laws. You are responsible for determining whether your additional services are compatible with any comparable additional services offered by Green Plate or by any Green Plate partners.
7. Purchase Conditions
When buying an item, you agree to comply with the rules for buyers and that:
you are responsible for reading the full item listing before making a bid or commitment to buy;
you enter into a legally binding contract to purchase an item when you commit to buy an item, or if you have the winning bid (or your bid is otherwise accepted).
The products are made available for reservation on the platform and customers may reserve the products by placing an order on the platform.
Once a customer reserves a product and the store or individual accepts the reservation, the customer commits to be present at the pick-up location at the pick-up time while the sellers commit to offer the products for sale, as specified herein. Both parties have a right of cancellation as defined below.
Green Plate is solely collecting the purchase price for the products on behalf of the sellers and merely acting as a payment agent on behalf of the Store.
You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the Seller directly to check that the food is suitable for you, before placing your order directly with them.
Allergy, dietary and other menu information including when a Seller signs up with us, they have to provide us with up-to-date menu information. We then include this on their dedicated page on the Site. Where this information includes allergy or other dietary information, we will do our best to republish this information on the site or app exactly as it appears on the seller's menu. If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you should always contact the Seller directly before placing your order. Please contact the Seller directly for allergy issue.
The legal contract for the supply and purchase of Products is between you and the Seller that you place your Order with. We have no control over the actions or omissions of any Sellers. Without limiting the generality of the foregoing, you acknowledge and accept the user agreement by using the Site
Buyer requested cancellations
Buyers can request to cancel an order on Green Plate after their purchase and if the cancellation request is not within 2 hours of the pick up time the seller has to accept the request of refund. If the cancellation request is within 2 hour of pick up time then sellers can reject the cancellation request and still charge buyers the full amount of the order. Failure to show up at pick up time can charge the full amount of order unless sellers agree to give a partial or full refund. Once buyers obtain the product and confirm manually on the platform the order is completed.
If you wish to change or cancel your Order after it has been submitted and payment has been authorized you may contact the Seller using the contact details which is available on the App. Alternatively you may contact our Customer Care team as described above and they will attempt to contact the Seller in order to communicate your requests. However, there is no guarantee that we will be able to reach the Seller or that the Seller will agree to your requests as they may have already started processing your Order.
Processing refund requests: Where we are processing refund requests, please be aware that we may ask you to provide reasonable evidence such as photographs demonstrating a reported issue with your Order. In addition and prior to processing any refund request, we may take other relevant factors into account, such as the details of your Order and its delivery, your account data and ordering history, transaction data and information received from the Seller.
Refund amount could be full amount if when you requested refund is within 2 hours of you making payment and not within 2 hours of pick up time. Refund amount could be 95% of full price if when you requested refund is longer than 2 hours from your making payment and not within 2 hours of pick up time. Refund amount could be 0 if when you requested refund is within 2 hours of pick up time.
Buyer requested returns
Although you can still contact sellers for complaints, but Green Plate Limited does not support return or refund requests for food products once buyers confirm manually on Green Plate as received then the order is completed.
8. Content
When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works). We may in particular use your content, including any photographs you upload, for marketing and promotional purposes. This includes (i) offering it to other sellers to use in their listings, and (ii) displaying it to other Green Plate users as part of the browsing experience on Green Plate. We will also be allowed to keep a copy of any content (including photographs) you upload in our product catalogue for subsequent use for these purposes. You authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future for these purposes. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sub-licensees or our assignees.
We may offer catalogue and/or product data (including images, descriptions and specifications) that are provided by third parties (including Green Plate users). You may use that content solely in your Green Plate listings during the time your listings are on Green Plate sites. That permission is subject to modification or revocation at any time at Green Plate sole discretion.
We try to offer reliable data, but cannot promise that the content provided through the Services will always be available, accurate, complete and up-to-date. You agree that Green Plate is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not hold or attempt to hold us or our product data providers liable for inaccuracies. If you choose to use catalogue content and/or product data in connection with your listings, you agree to ensure that the content directly associated with your listings is and remains accurate, and that you continue to fully comply with this User Agreement and all Green Plate policies. The catalogue and product data include copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in the catalogue or product data or create any derivative works based on that data (other than by including the data in your listings).
The name "Green Plate " and other Green Plate marks, logos, designs and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Green Plate in the UK and other countries. They may not be used unless expressly authorised by Green Plate in writing.
Once a Customer reserves a Product and the seller accepts the Reservation, the Customer commits to be present at the location at the Pick-up time (as defined below) while the buyer commits to offer the Products for sale, as specified herein. Both parties have a right of cancellation.
Green Plate Limited is solely arranging the sale of Products on the Platform on behalf of a buyer, and there shall be no contractual relationship between Green Plate Limited and the Customer with regard to the Products or the sale of Products. Green Plate Limited has no responsibilities in respect of the Products or fulfilment of the agreement between the buyer and the customer.
The Green Plate Limited is solely collecting the Purchase Price (as defined below) for the Products on behalf of the Sellers and is thus merely acting as a payment agent on behalf of the Sellers.
You confirm that all information provided by you to us (including to our Customer Care team) is true and accurate in all respects and at all times.
Any images of food displayed on the Site are provided as a design feature of the Site only and may not be either (a) an image of food prepared or produced by the Seller from which you choose to order; or (b) representative of the food you receive from a Seller.
9. Data protection and Privacy
You and Green Plate shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will Green Plate and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.
You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation "GDPR") and supplementing EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation.
You shall process personal data received from Green Plate exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).
Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension.
As part of the Services, Green Plate has access to the various information about users, including personal data. This includes information that users submit to Green Plate as part of the Services (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the Services (such as ratings, sales analysis or communication).
Via My Green Plate and, upon request, via selling tools, you receive information which is necessary for the processing of transactions (in particular, the contact information of the other user involved in a transaction) as well as aggregated information on the performance and analysis of your listings, which are partly related to the data of other users of the Services (such as number of impressions of a listing, conversion rate or return rate).
Green Plate only shares information about users with third parties if this is necessary for the provision of the Services or if Green Plate is legally or contractually entitled to do so.
Upon expiry of this User Agreement, we will delete the information you provided, or which was generated through your use of the Services from your Green Plate account. Regardless, we maintain this information after the expiry of the User Agreement if we are legally obliged or have a legitimate interest to do so. We will generally maintain aggregated data generated using the Services (e.g. statistics about sales in a category) upon expiry of the User Agreement.
10. Restricting Funds
In connection with managed payments, we may also restrict user access to funds based on the factors described in the Payments term of conditions.
Correcting mistakes in payments to buyers and sellers, we reserve the right to fix any processing errors we discover.
11. Managed Payments
The Customer can pay with several brands of debit and credit cards as well as other payment methods made available on the Platform.
If using credit or debit card, the Customer must enter his or her card number, the expiration date and the security code when placing an Order. If you pay by credit or debit card, you may be required to show the card to the Seller at the time of delivery or collection as proof of identification and so that they can check that the card corresponds with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
A credit or discount may apply to your Order if you use a promotional voucher or code which is recognized by the Site and endorsed by GREEN PLATE, and you pay for any balance by credit or debit card. Please note that because of standard banking procedures, your bank or card issuer will initially "ring-fence" the full amount of the Order (before any credit or discount) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your Order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance. You acknowledge and agree that neither we nor the relevant Seller will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account. Where you use the Site as a guest, any account credit which you accrue against your temporary guest account can only be redeemed for an Order placed via your temporary guest account and cannot be transferred for use on another account.
Upon placing an Order, the amount stipulated by the Store for the Products (“Purchase Price”) is authorized or reserved at the Customer´s account (depending on the chosen payment method) (“Account”). The Purchase Price is charged at the Customer´s account upon reservation of the Product or at or immediately after Pick-up (depending on the chosen method of payment). If the reservation is cancelled in accordance with these Terms, the Purchase Price is cancelled or refunded to Customer.
The Platform uses compliant Payment Service Providers. Payment by debit or credit card on the Platform is safe and certified by the card issuer. All payments are made through an encrypted internet connection.
The Green Plate Limited does not store any debit or credit card information. Such information is handled by the Payment Service Providers. However, such information may be stored by the Payment Service Providers.
If the Customer’s credit card or payment method is rejected when trying to pay for an order, the Customer should verify that the entered information is correct.
If the Customer has corrected the error and the credit card is still rejected, Green Plate Limited recommends that the Customer contacts his or her bank.
Due to standard banking procedures, once the Customer has submitted an Order by use of a credit or debit card and the payment has been authorized, the bank or card issuer will reserve the full amount of the Reservation Order If the Reservation Order is subsequently rejected by the Store or cancelled for any other reason in accordance with these Terms, the bank or card issuer will not transfer the funds for the order to Green Plate Limited and will instead refund the Customer by releasing the relevant amount back into the Customer’s available balance. However, this may take up to 10 working days (or longer, depending on the Customer’s bank or card issuer), and Green Plate Limited does not have authority to make enquiries to a Customer’s bank or card issuer on specific payment issues. The Customer must do so.
By accepting these Terms, the Customer accepts the method of payment set out above and acknowledges and agrees that Green Plate Limited is not responsible or liable to the Customer in relation to the above.
Green Plate has launched a managed payments service, where a designated Green Plate entity (each, a "payments entity") manages payments on behalf of sellers (such management described as "managed payments" or similar). The use of managed payments is a prerequisite for using the Services as a seller, where managed payments are available. Many Green Plate sellers have already been enabled for managed payments. Green Plate will continue to move more seller accounts to managed payments, providing notice to the affected sellers as they are scheduled to be moved.
If your seller account qualifies for managed payments, Green Plate may send you an email requesting you to complete managed payments registration by a specific date. If you do not complete registration by the date specified, Green Plate reserves the right to limit access to our Services, including but not limited to, your ability to list, restricting changes to existing listings, or ending listings.
The complete terms governing sellers' use of managed payments are available in the Payments Terms of Use - opens in new window or tab, incorporated herein. You agree to the Payments Terms of Use opens in newto the extent applicable to you, whether or not your account has been enabled for managed payments.
The contract for sale underlying the purchase of goods is directly concluded between seller and the buyer in the same manner as for transactions for which the payments entity does not manage payments.
If you are a buyer completing a purchase from a seller that is using managed payments:
You may pay for such items using those payment methods that the payments entity makes available, and the payments entity will manage settlement to sellers. By completing purchases from sellers who use managed payments, buyers authorise the payments entity to initiate payments using the buyers' selected payment method and collect the transaction amounts on behalf of sellers. Buyers agree and understand that payments received by the applicable payments entity from buyers satisfy buyers' obligations to pay sellers in the amount of payments received.
In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, AML compliance, compliance with economic or trade sanctions, in connection with Green Plate’s internal risk controls or due to potential violations of any policy of Green Plate or the payments entity, or a policy of one of the payments entity's third party payments services providers.
Green Plate, the payments entity or its affiliates may save payment information, such as credit card or debit card numbers, and card expiration dates, entered by you on Green Plate Services when you make a purchase, redeem a coupon, or make any other transaction on Green Plate Services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on Green Plate Services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method through the Personal Information section under the Account tab in My Green Plate. You are responsible for maintaining the accuracy of information we have on file, and you consent to Green Plate updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorized to use.
You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of managed payments. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that the payments entity has no control over, or responsibility or liability for, such fees or actions.
12. Liability
We try to keep Green Plate and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.
We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
your use of or your inability to use our Services;
pricing, postage or other guidance provided by Green Plate;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing, or linking to, our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any Green Plate Service;
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of the Abusing Green Plate section;
the duration or manner in which your listings appear in search results as set out in the section; or
your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Green Plate cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Site Terms and that they comply with them.
You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of our user agreement or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Site (including the use, inability to use or the results of use of the Site) for
Any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.
Our total liability to you in respect of all other losses arising under or in connection with the Site or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £100, whichever is lower.
You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Site, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Site Terms that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under these Site Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Site Terms may be performed despite the Force Majeure Event.
13. Compensation
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of Green Plate’s Services or your breach of any law or the rights of a third party.
The legal contract for the supply and purchase of Products is between you and the Seller that you place your Order with. We have no control over Sellers and the quality of the Products or service that they provide, and Green plate has no responsibility or liability for providing any compensation to you.
14. Legal Disputes
If a dispute arises between you and Green Plate,we strongly encourage you to first contact us directly to seek a resolution by contacting customer support Green Plate Customer Service is available free of charge for every user to submit complaints and other inquiries. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and Green Plate both agree to submit to the non-exclusive jurisdiction of the English courts.
In simple terms, "non-exclusive jurisdiction of the English courts" means that if you were able to bring a claim arising from or in connection with this User Agreement against us in court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
15.Customer Reviews
In particular (but without limitation), any reviews that the Customer submits throw the platform may not:
contain any defamatory, obscene or offensive material;
promote violence or discrimination;
infringe the intellectual property rights of another person or legal entity;
breach any legal duty owned to a third party (such as a duty of confidence);
promote illegal activity or invade another's privacy;
give the impression that they originate from us;
be used to impersonate another person or to misrepresent your affiliation with another person.
The Green Plate Limited does not control, modify or edit any reviews posted, except that Green Plate Limited is entitled to remove or edit at any time any reviews posted, uploaded or transmitted to the Platform in the event that the review breaches one or more of the prohibitions mentioned above or is otherwise deemed fraudulent.
The reviews contained on the platform are for information purposes only and do not constitute advice from Green Plate Limited. Reviews reflect the opinions of customers who have ordered through the platform or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, Green Plate Limited assumes no responsibility or liability to any person for any reviews, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that the customer may encounter in any such reviews.
Green Plate Limited is entitled to store the reviews.
The customer will not receive compensation or benefits from making reviews through the platform.
There may be a delay between the filing of the review and the publishing hereof.
16. Customer behaviour
Customers are requested to show respect for the Sellers' guests and personnel, as well as Green Plate's personnel.
The Customer is informed that in case of inappropriate behaviour towards the seller, the other customers of the seller or Green plate Limited, or if the Customer commits a crime against the seller in connection with the Service, or violates the code of conduct rules of the seller or Green Plate Limited or any other similar behaviour, Green Plate Limited may, in particular after complaints made by the Seller, ban, exclude or suspend the Customer from the Platform and the Services. The intervention of Green Plate Limited does not deprive the Sellers of the means and rights at its disposal to obtain possible reparations.
17. Licence
Terms of permitted use: You are permitted to use the Site and print and download extracts from the Site for your own personal non-commercial use on the following basis:
You must not misuse the Site (including by hacking or \"scraping\").
Unless otherwise stated, the copyright and other intellectual property rights in the Site and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Site Terms, any use of extracts from the Site other than in accordance with paragraph 7.1 is prohibited.
You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
You must ensure that our status as the author of the material on the Site is always acknowledged.
You are not allowed to use any of the materials on the Site or the Site itself for commercial purposes without obtaining a license from us to do so.
The Site may not be used, and no part of the Site may be reproduced or stored in any other site or included in any public or private electronic retrieval system or service, without our prior written permission
Any rights not expressly granted in these Site Terms are reserved.
18. General
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
You agree that we may at any time and without notice set-off any of the amounts held in Green Plate user accounts held or controlled by you with any fees, charges or other amounts you owe us and (unless prevented by insolvency law) any such amounts you owe other members of the Green Plate group (including, without limitation, in respect of any services provided by any member of the Green Plate Limited ). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from the Green Plate credit balance held or controlled by you.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may amend this User Agreement at any time by email, or via the Messages section of my Green Plate opens in new window or tab or by posting the amended terms on our website.- opens in all amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except through mutual agreement by you and the Green Plate representative authorised to do so.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Green Plate site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
Green Plate Verified Rights Owner programme works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. - open
The following Sections survive any termination of this User Agreement: Fees, Content, Managed Payments, Liability, Compensation, Legal disputes and the release contained in this General section. Legal notices shall be served by registered mail to Green Plate Limited, 32 Portland Place, London, W1B 1NA. We shall send notices to you by email to the email address you provide to Green Plate during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.
19. Governing Law and Jurisdiction
These Site Terms shall be governed by and construed in accordance with English law. You can bring legal proceedings in respect of Site Terms in the English courts. If you live in a part of the United Kingdom other than England or any other Member State of the European Union, you can bring legal proceedings in respect of these Site Terms in either the English courts or the courts of your home country.
As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Site Terms, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.