Toast Guest Terms of Service United Kingdom

Toasttab UK Ltd. is a company registered under company number 13844275, with its registered office at 3rd Floor, 1 Ashley Road, Altrincham WA14 2DT, UK and with VAT number 413700733 ("Toast"). Toast operates the website https://pos.toasttab.com/, and various other sub-domains and Toast URLS which are connected to this website (collectively known as the "Website").

1. Understanding these Terms

1.1 These guest terms of service (these "Terms") describe how you may access and use the Website. The Website allows you to place orders for food, beverages, and related products and services ("Purchases") from restaurants, takeaways and other stores ("Merchants"). The services provided by Merchants to you via the Website will be referred to herein as the "Merchant Services". 

1.2 When certain words and phrases are used in these Terms, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

1.3 In these Terms, when we refer to "we", "us" or "our" (or similar), we mean Toast; and when we refer to "you" or "your" we mean:

1.3.1 you, the person accessing or using the Website; and

1.3.2 where applicable, the business on whose behalf you are acting.

1.4 If you are acting on behalf of your employer or another business when you access and use the Website, you represent and warrant that:

1.4.1 you have full legal authority to bind your employer or that business; and

1.4.2 you agree to these Terms on behalf of the business that you represent. 

Please note:

1.4.3 if you are acting for purposes that are wholly or mainly outside your trade, business, craft or profession, you are acting as a "consumer"; or

1.4.4 if you are acting for purposes relating to your trade, business, craft or profession, then you are acting in the course of a business (a "Business User").

1.5 These Terms apply to:

1.5.1 consumers who are habitually resident in the UK; and

1.5.2 Business Users based in the UK who access and use the Website for the purposes of using the Merchant Services.

1.6 If you are based elsewhere, then these Terms do not apply to you - please navigate to the correct page for your jurisdiction.

1.7 Please note that we only use your personal information in accordance with our Privacy Statement (available here). 

2. The Website

2.1 The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.

2.2 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.

2.3 The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely. 

2.4 Any material downloaded or otherwise obtained through your use of the Website is done at your own discretion and risk and you are responsible for any damage to your computer system or device or loss of data that results from the download of any such material. 

2.5 You acknowledge that neither Toast nor its third-party providers controls the transfer of data over communications facilities, including the Internet, and that neither Toast nor its third-party providers are responsible for any limitations, delays, or other problems inherent in the use of such communications facilities. Without limiting the foregoing, neither Toast nor its third-party providers guarantees that any or all security breaches or attacks will be discovered, reported or remedied, or that there will not be any security breaches by third parties.

3. Merchants

3.1 You acknowledge and agree that:

3.1.1 all aspects of the Purchases and Merchant Services beyond the services that Toast provides, as well as all engagement and interactions between the Merchant and you, are solely the responsibility of the Merchant; 

3.1.2 each Merchant is solely responsible and liable for all marketing, selling, pricing, packaging, information (including as to nutritional and allergen information) and provision of any products or services offered to you through the Merchant Services in compliance with all applicable law and rules; and

3.1.3 the Merchant is solely responsible for any and all damages, claims, liabilities, costs, injuries or illness caused in whole or in part by the Merchant.

3.2 Toast makes no guarantee regarding whether:

3.2.1 a Merchant holds any applicable permit, licence, registration, or other credential for its business;

3.2.2 representations by a Merchant are true and accurate; or 

3.2.3 a Merchant complies with applicable law and rules, and Toast is not responsible for the quality of the products or services provided by Merchants.

3.3 Toast relies upon Merchants to provide accurate allergen and dietary information and general product safety. Toast does not guarantee that the information or content accessible through the Merchant Services are accurate, complete, reliable, current, or error-free, including, without limitation, menus, nutritional and allergen information, photos, food quality or descriptions, pricing, hours of operation, or reviews. All content is provided for informational purposes only. The reliance on any information provided through the Merchant Services is solely at your own risk, including, without limitation, nutritional and allergen information. 

3.4 Any Purchases you make via the Website are transactions as between you and the Merchant only, and not with Toast or any of our affiliates. Toast is not the seller of any product or service offered by Merchants via the Website and is not a party to any payment transaction facilitated through the Website.

3.5 Certain Merchants may hold alcoholic beverage licences and sell alcoholic beverage products. Toast has no responsibility or liability to you or any other person for any alcoholic beverage products you may purchase from a Merchant or for any Merchant’s compliance with applicable law and rules, including without limitation, any regulations regarding sale of alcohol. By making a Purchase through the Website for alcoholic beverage products, you confirm that: (i) you are eighteen (18) years of age or older; (ii) you are not procuring alcoholic beverage products for a person under eighteen (18) years of age; and (iii) you will provide bona fide government issued photo identification evidencing your age. 

3.6 Merchants each set their own cancellation and refund policies and are responsible for ensuring that such policies are in compliance with applicable consumer protection laws. Once a Purchase has been made through the Website you will need to contact the Merchant directly to inquire if you can make a change to or cancel the Purchase or whether you may receive a refund.

3.7 For questions or customer service regarding a Purchase or the product or service provided by a Merchant, please contact the Merchant directly.

4. Your account and password

4.1 You can choose whether you would like to register an account with us on the Website ("Toast Account"). In order to register for a Toast Account, you must be aged 18 or over. If you register a Toast Account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. You must treat the password as confidential and you must not disclose it to any third party. Once you register a Toast Account, you will be a "Registered User". 

4.2 You agree that: 

4.2.1 all the information that you provide to us in connection with your Toast Account is complete and accurate;

4.2.2 you are the person whose details you have provided; and

4.2.3 you will notify us immediately if there are any changes to the information you have provided to us. 

4.2.4 You can make changes to your Toast Account information by logging in via the Website. You will also be able to view your recent purchase and payment transaction history as between you and Merchants by logging in to your Toast Account.  

4.3 We have the right to disable any Toast Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

4.4 If you know or suspect that anyone other than you knows your Toast Account login details or there has been any unauthorised use of such details, you must immediately notify us at [email protected]. You remain liable for any activity on your Toast Account until such time as Toast has been notified and has had an opportunity to take appropriate action.

4.5 You are responsible for:

4.5.1 ensuring your Toast Account login details remain confidential at all times; and

4.5.2 any unauthorised use of your Toast Account login details.

4.6 You may close your Toast Account at any time and without cost by emailing [email protected], but you will remain liable for any outstanding Purchases as well as any fees or other charges incurred by Merchants.

4.7 In certain exceptional cases, we may not allow you to close your Toast Account, including but not limited to attempts to evade an investigation required under applicable law. 

5. Promotions

5.1 When you use the Website, you may be eligible to use codes ("Promotion Codes") at checkout to receive discounts or other promotional offers on purchases ("Promotions"), subject to any terms and conditions of the specific Promotion Code or Promotion, as displayed on the Websites, or related print, social media, or digital marketing materials. The promotional value may be issued by Toast or by a Merchant. Promotion Codes may not be redeemed for cash and are non-refundable and non-transferrable. Toast reserves the right to modify, suspend, terminate, or alter the terms of any Promotion Code or Promotion upon reasonable notice to you. Promotion codes may not be reused in the event of a cancellation and/or refund.

6. Acceptable use

General

6.1 You agree not to:

6.1.1 use the Website in any way that breaches these Terms or any applicable local, national or international law or regulation or other policies;

6.1.2 use the Website in any way that is fraudulent;

6.1.3 copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in these Terms; 

6.1.4 do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website; and

6.1.5 unlawfully collect information about other users.

6.2 You agree you will only use the Website to make Purchases of a legitimate, bona fide product or service that is purchased from a Merchant. The Website may not be used to transfer money or process a payment transaction that is unrelated to a purchase of a product or service from a Merchant.

User Generated Content 

6.3 If it is the case that you supply/upload any content to the Website – whether it be pictures, text, sound recordings or whatever – the content you supply ("User Generated Content") must comply with the following rules: 

6.3.1 it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;

6.3.2 it must not harass or bully another person;

6.3.3 it must be true and honest so far as you know;

6.3.4 it must not be defamatory of anyone;

6.3.5 it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own);

6.3.6 it must not contain someone else’s personal details or confidential information relating to other people; and

6.3.7 it must not promote or condone terrorism, violence or illegal behaviour.

6.4 We do not moderate, pre-screen or filter User Generated Content however we reserve the right to delete, refuse to accept or cease to use any User Generated Content supplied by any person that we think contravenes clause 6.3. 

6.5 You retain all rights, title and interest in and to any User Generated Content that you lawfully own. To the maximum extent permitted under applicable law, you grant to Toast a non-exclusive, royalty-free, fully paid-up, worldwide licence to access, use, copy, modify (including the right to create derivative works of), display and transmit User Generated Content for the purpose of operating and marketing the Website. You are responsible for the accuracy, quality, content, and legality of User Generated Content and the means by which User Generated Content is acquired. You confirm that you have all rights necessary to upload the User Generated Content and to otherwise have such User Generated Content used or shared, as applicable, in relation to operation of the Website.

6.6 In addition, we may from time to time provide interactive services on the Website that shall enable you to upload User Generated Content, including, without limitation:

6.6.1 comment facilities;

6.6.2 chat rooms; and/or

6.6.3 bulletin boards,

(together "Interactive Services").

6.7 Where we provide an Interactive Service, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.

6.8 The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.

Viruses

6.9 We do not guarantee that the Website will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.

6.10 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

7. Intellectual property

7.1 We are the owner or licensee of all intellectual property rights in the Website and its content, the TOAST name and mark and TOAST product names, images and packaging. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved. 

7.2 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms. 

7.3 No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.

7.4 Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to buy products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products. 

7.5 Through your use of the Website you may be presented with material provided by third parties, not owned or controlled by us, from our partners (including Merchants), and/or from other users of the Website, including but not limited to links to websites or other materials, software, text, graphics, videos, images, or advertising content (collectively referred to as "Third-Party Content"). Third-Party Content is protected by applicable intellectual property laws and unauthorized use of Third-Party Content may breach such laws. Except as expressly provided herein, you have no rights in or to Third-Party Content, and you will not use, copy, display, sell, transfer, assign, license, sublicense, or modify Third-Party Content in any way for any public or commercial purpose except without prior consent. We do not guarantee the accuracy, integrity or quality of any Third-Party Content, regardless of whether such products or services are designated as “certified,” “validated” or the like. Any interaction or exchange of information or data between you and any third-party is solely between you and such third-party. Under no circumstances will Toast be liable in any way for any Third-Party Content, including liability for any errors or omissions in any Third-Party Content or for any loss or damage of any kind incurred as a result of the use of or reliance on any Third-Party Content posted, emailed, linked or otherwise transmitted via the Website.

7.6 The trademarks, service marks, and logos of Toast (the "Toast Trade marks") used and displayed on the Website are registered and unregistered trade marks or service marks of Toast. Other product and service names located on the Website may be trade marks or service marks owned by a Merchant or other third-parties (the "Third-Party Trademarks", and, collectively with the Toast Trade marks, the "Trade marks"). Nothing in these Terms should be construed as granting, by implication or otherwise, any license or right to use any Trade mark displayed on the Website without prior written consent. The Trade marks may not be used to disparage Toast or the applicable third-party, Toast’s or third-party’s products or services, or in any manner that may damage any goodwill in the Trade marks. All goodwill generated from the use of any Toast Trade mark or Third-Party Trademark will inure to Toast’s, or the applicable Third Party’s benefit, as applicable.

8. Our liability

8.1 Nothing in these Terms excludes or limits our liability for:

8.1.1 death or personal injury caused by our negligence;

8.1.2 fraud or fraudulent misrepresentation; and

8.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

8.2 We assume no responsibility for the content of websites linked to from the Website (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

8.3 If you are a Business User

If you are acting for purposes relating to your trade, business, craft or profession, then subject to clause 8.1:

8.3.1 in no event shall we be liable to you for any loss of profits, loss of revenue, loss of contracts, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise; and

8.3.2 our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.

8.4 If you are a consumer

If you are a consumer then, save as set out in clause 8.1, the following sub-clauses apply.

8.4.1 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you agreed to these Terms.

8.4.2 Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.

8.4.3 You agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.4.4 Our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.

9. Indemnity

9.1 You agree to defend, indemnify and hold harmless Toast from and against any and all third party claims, liability, damages, expenses and costs actions or demands, including, reasonable legal and accounting fees, arising or resulting from your: (a) breach of these Terms; and (b) infringement of any intellectual property or other right of any other person. Toast will provide notice to you of any such claim, suit, or proceeding. Toast reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this clause 9.1. In such case, you agree to cooperate with any reasonable requests assisting Toast’s defence of such matter.

10. Suspension and termination

10.1 If you breach any of these Terms, we may immediately do any or all of the following (without limitation):

10.1.1 issue a warning to you;

10.1.2 temporarily or permanently remove any User Generated Content uploaded by you to the Website;

10.1.3 temporarily or permanently withdraw your right to use the Website;

10.1.4 suspend or terminate your Toast Account;

10.1.5 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);

10.1.6 take further legal action against you; and/or

10.1.7 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.

10.2 Termination of your use of any of the Website does not relieve you of the obligation to pay for any Purchases made as well as related fees and charges already incurred. In the event of termination of your use of the Services by you or us, we will not provide any refunds for amounts previously paid through the Services.

11. Changes to these Terms 

11.1 We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Website. If you are a consumer who is a Registered User, we will provide you with at least thirty (30) days' advance notice of any such changes, unless the change is due to a change in law or for security reasons (in which case we may need to change these Terms on shorter notice). If you do not wish to continue using the Website following the changes to the Terms, you can cancel your agreement to these Terms by cancelling your Toast Account.

12. Other important information

12.1 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

12.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

12.3 Toast will not be liable for any failure or delay resulting from any condition or occurence beyond its reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, pandemic, flood or other acts of God, labour conditions, power failures, and Internet disturbances.

13. Governing law and jurisdiction

13.1 These Terms are governed by the laws of England and Wales.  This means that your access to and use of the Website, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law.  

13.2 You can bring legal proceedings in respect of these Terms in the English courts. If you are a consumer who lives in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you are a consumer who lives in Northern Ireland you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.

13.3 If you are a consumer and we direct the Website to (and/or pursue our commercial or professional activities in relation to the Website in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including clause 13.1, affects your rights as a consumer to rely on such mandatory provisions of local law.

14. Contacting us

Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by clicking here or by using the following details: 

Address:    3rd Floor, 1 Ashley Road, Altrincham WA14 2DT, UK

Email address:    [email protected]

Telephone number:    +44 2045 713302

Thank you.

Terms last updated:  August 1, 2022