Terms for shops

These terms are an agreement between your business (“you”, the shop) and Embermont Ltd, which provides NovaServe (“we”). They apply when you sign up and while you use NovaServe. Your customers have their own terms.

1. What NovaServe is

NovaServe is software and hosting: your own ordering page, the dashboard to run it, and the tools that come with it (order board, printing, offers, loyalty, promotions). We don’t buy, sell, prepare or deliver food or goods. You are the seller of everything ordered from your page, and each order is a contract between you and your customer.

2. What you’re responsible for

• Food safety: being registered as a food business with your local council where required, and meeting food hygiene and safety law.
• Allergens and food information: the menu, descriptions, prices, allergens and dietary information you enter must be accurate and kept up to date. As the food business, you must give allergen information before the customer orders (your page shows what you enter) and again when the food is handed over — for example on the printed ticket or label, or by telling the customer. If you’re unsure about an allergen, don’t list the item until you are.
• Age-restricted items (for example alcohol or energy drinks): only selling them where you’re licensed to, and checking age on collection or delivery.
• Your orders: accepting or rejecting them, preparing them, and delivering them with your own drivers, who must have the right insurance for deliveries.
• Your customers: answering questions and complaints, and refunds. Your phone number is shown on every order.
• Tax: VAT and other taxes on your sales.
• Your content: you must own or have permission to use your name, logo, photos and text. Photos of food should show what you actually sell.
• Your team’s access: only inviting people who work for you, and removing them when they leave.

3. Payments and our fees

• Cash and card-machine payments are between you and your customer. Online card payments go to your own payment account (Stripe or SumUp); their fees are charged to you by them.
• Our fees are a monthly fee and a commission on each completed order, at the rates agreed with you and shown in your dashboard (Billing). On online card payments through Stripe our commission is taken when the payment is taken; otherwise we invoice it monthly.
• We’ll give you at least 30 days’ notice of any change to our fees.

4. Going live, and suspending a shop

We check each new shop before it goes live. We may pause or close a shop if these terms are broken, if fees go unpaid, or if we reasonably believe the shop puts customers at risk (for example with wrong allergen information). Where we can, we’ll tell you first and give you a chance to put things right.

5. Your customers’ information (data protection)

For orders, you are the controller of your customers’ details and we are your processor (UK GDPR). This section is our data processing agreement:

• We use your customers’ details only to provide NovaServe to you: taking, showing, printing and tracking orders, sending receipts, offers and loyalty, and keeping records.
• People working on NovaServe are bound to keep the information confidential. We keep it secure, including separating each shop’s data from others’.
• We use trusted providers to run the service (hosting, database, email and card payments), under contracts that protect the information. We’ll tell you before adding new ones.
• We help you answer customers who ask to see or delete their information, and tell you without undue delay if we become aware of a breach affecting your customers.
• When you leave, we can give you your order records and then delete your customers’ details, unless the law requires us to keep them for longer.

Customers who make a NovaServe account are also our own customers for that account, as explained in the privacy notice.

6. The service

We work to keep NovaServe running and secure, and fix problems promptly, but we can’t promise it will never be interrupted (for example during maintenance or problems with internet or payment providers). Keep a way to take orders by phone in case.

7. Liability

We’re not responsible for your food or goods, your deliveries, or what you tell your customers. We’re not liable for lost profits or indirect losses, and our total liability to you in any year is limited to the fees you paid us in the 12 months before the problem. Nothing in these terms limits liability that the law doesn’t allow to be limited.

8. Ending the agreement

You can close your shop at any time. We can end the agreement with 30 days’ notice, or straight away for a serious breach. Fees for orders already taken remain payable.

9. Changes and law

We may update these terms; for any change that matters, we’ll tell you in your dashboard and ask you to accept the new version. These terms are governed by the law of England and Wales.

Contact

Use our contact form.