Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and RDMS Ltd ("Company", "we", "us", or "our"), concerning your access to and use of the RDMS platform accessible at www.rdms.uk (the "Platform").

You agree that by accessing the Platform, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Platform and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.

2. Intellectual Property Rights

Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.

The Content and the Marks are provided on the Platform "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, the Content, and the Marks.

3. User Accounts

If you create an account on the Platform, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.

We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

4. User Representations and Obligations

By using the Platform, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update such registration information as necessary.
• You have the legal capacity and you agree to comply with these Terms of Service.
• You are not a minor in the jurisdiction in which you reside.
• You will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise.
• You will not use the Platform for any illegal or unauthorized purpose.
• Your use of the Platform will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).

5. Purchases and Payment

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Direct Debit
• Bank Transfer

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Platform. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

We bill you through an online billing account for purchases made via the Platform. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Pounds Sterling.

You agree to pay all charges at the prices then in effect for your purchases and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.

6. Cancellation and Refund Policy

Subscription plans may be cancelled by contacting our customer support team. You will receive a confirmation email once your cancellation has been processed. Your subscription will remain active until the end of your current billing period.

All sales are final and no refund will be issued unless otherwise specified in the refund policy. The following conditions are excluded from our refund policy:

• If a service has already been delivered in full.
• For subscription services, after the first 14 days of the initial subscription period.
• If the request is due to a change of mind or if you have made an error in your selection.
• If you have breached the Terms of Service.

In the case of a justifiable refund claim, we will process the refund back to the original payment method used during the purchase. Refunds may take 5-10 business days to process depending on your payment provider.

7. Prohibited Activities

You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Platform, you agree not to:

• Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use a buying agent or purchasing agent to make purchases on the Platform.
• Use the Platform to advertise or offer to sell goods and services.
• Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
• Engage in unauthorized framing of or linking to the Platform.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
• Attempt to impersonate another user or person or use the username of another user.
• Sell or otherwise transfer your profile.
• Use any information obtained from the Platform in order to harass, abuse, or harm another person.
• Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
• Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
• Delete the copyright or other proprietary rights notice from any Content.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
• Use the Platform in a manner inconsistent with any applicable laws or regulations.

8. Platform Management

We reserve the right, but not the obligation, to:

• Monitor the Platform for violations of these Terms of Service.
• Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities.
• In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
• In our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
• Otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

9. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy at Privacy Policy. By using the Platform, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Platform is hosted in the United Kingdom. If you access the Platform from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Platform, you are transferring your data to the United Kingdom, and you agree to have your data transferred to and processed in the United Kingdom.

10. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

11. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.

We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

12. Disclaimer

THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

13. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

15. Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

16. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Initial Dispute Resolution. We are committed to resolving disputes in a fair and efficient manner. Most disputes can be resolved without resorting to legal proceedings. You agree to first contact us before filing any claim against us relating to these Terms of Service by sending a written notice to our designated email address or postal address. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. We will make good faith efforts to resolve the claim directly.

Arbitration. In the event that we cannot resolve a dispute through initial dispute resolution, any claim (except those excluded below) arising out of or relating to these Terms of Service, including the formation, interpretation, breach, or termination thereof, shall be exclusively resolved by final and binding arbitration in London, United Kingdom in accordance with the United Kingdom Arbitration Act of 1996. The arbitration shall be conducted by a single arbitrator with substantial experience in resolving commercial contract disputes. The arbitrator's decision shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Restrictions. You and RDMS agree that any arbitration shall be limited to the dispute between RDMS and you individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions. The parties agree that the following disputes are not subject to the above provisions concerning initial dispute resolution and binding arbitration: (a) disputes seeking to enforce or protect, or concerning the validity of, any of a party's intellectual property rights; (b) disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

Fees. If you commence arbitration in accordance with these Terms of Service, you will be required to pay half of the arbitrator's fees, up to a maximum of £1,000. We will pay the remainder of any arbitration fees. Each party shall bear its own attorneys' fees and costs, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose and awards attorneys' fees and costs to the prevailing party.

17. Governing Law

These Terms of Service and your use of the Platform are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. The courts located in London, United Kingdom shall have exclusive jurisdiction over any disputes arising under these Terms of Service.

Any legal action or proceeding relating to your access to or use of the Platform or these Terms of Service shall be instituted in the courts of England and Wales. You and RDMS agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

18. Changes to Terms

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Platform user interface, in an email notification, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Platform or changes made for legal reasons will be effective immediately.

Your continued use of the Platform after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you do not agree to the revised terms, you must stop using the Platform.

It is your responsibility to check this page periodically for changes. Your continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes.

19. Contact Us

If you have any questions about these Terms of Service, please contact us:

20. Electronic Communications

By using our Platform, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Platform. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

21. Entire Agreement

These Terms of Service, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and us concerning the Platform. These Terms of Service supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and us with respect to the Platform.

22. Restaurant Industry Compliance Obligations

The RDMS Platform is designed to assist restaurant businesses in managing various aspects of compliance with UK regulations. However, you acknowledge and agree that:

• The Platform is a tool to assist with compliance management and does not guarantee legal compliance with all applicable laws and regulations.
• You remain solely responsible for ensuring that your business operations comply with all applicable laws, regulations, and industry standards, including but not limited to food safety regulations, employment laws, health and safety requirements, and data protection obligations.
• We do not provide legal advice through the Platform, and the use of our compliance management features does not constitute legal consultation.
• You should consult with qualified legal professionals to ensure that your specific compliance needs are being adequately addressed.
• Regulatory requirements may change over time, and while we make reasonable efforts to update the Platform, we do not guarantee that all features will reflect the most current regulations at all times.

You expressly indemnify and hold us harmless from any claims, penalties, fines, or legal actions resulting from your failure to comply with applicable laws and regulations, regardless of your use of the Platform.

23. Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

24. Survival

The provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.

25. Consumer Rights Notice

If you are a consumer, nothing in these Terms of Service will affect your statutory rights. For detailed information about your consumer rights, please visit the UK Government's Consumer Protection website.

In accordance with the Consumer Rights Act 2015, we are under a legal duty to supply services that are in conformity with this contract. Nothing in these Terms of Service will affect your legal rights.

For consumers in the European Union, please note that the EU Online Dispute Resolution platform is available at https://ec.europa.eu/consumers/odr.