Terms of Service

1. Who we are and what these terms cover

1.1 BlinkFix is provided by BlinkFix Ltd, a company registered in England and Wales (company no. 13505930), registered office 27 Old Gloucester Street, London WC1N 3AX, United Kingdom ("BlinkFix", "we", "us"). Email: [email protected].

1.2 These Terms of Service apply when you use the BlinkFix app for iPhone and Android, the website blinkfix.me (including app.blinkfix.me) and your BlinkFix account in the BlinkFix Enterprise app and on enterprise.blinkfix.me (together, "BlinkFix").

1.3 These documents also form part of your agreement with us, where they apply to what you do:

• the Community Guidelines (what you may post and send);
• the Refund and Cancellation Policy (orders, bookings, tips and split bills);
• the Subscriptions and Credits Terms (plans, tablet licences, advert budgets and AI credits);
• the AI Terms and Disclosure (the AI assistant and the other AI features);
• the Student Plan Terms (if you use the Student plan);
• the Merchant Terms (if you open an establishment and sell on BlinkFix);
• the Creator Royalty Terms (if you publish recipes, reels or stories and earn from them);
• the Fleet Terms (if you run a delivery company on BlinkFix);
• the Channel Partner Terms (if you are a BlinkFix channel partner);
• the Enterprise Terms and the Data Processing Agreement (if your organisation uses BlinkFix Enterprise).

Our Privacy Policy and Cookie Policy explain how we use personal data; they are not part of the contract.

1.4 Accepting. You accept these terms when you tick the box at sign-up (or accept an updated version when we ask). We record the version and the date. Please read them and keep a copy (you can print or save this page).

1.5 These terms are available in English, which is the binding version. A translation into Polish or any other language is for convenience only.

2. Your account

2.1 Age. You must be at least 18 years old to create an account or use BlinkFix. BlinkFix handles card payments and binding orders, lets establishments sell alcohol, lets people message each other, and lets anyone open an establishment that receives payouts. We ask for your date of birth at sign-up and do not create accounts for anyone under 18. If we find that an account belongs to someone under 18, we close it and delete its data.

2.2 Give accurate details and keep them up to date. One account is for one person, and you may not transfer it.

2.3 Keep your password, and any PIN you use on an Establishment tablet, secret. You are responsible for what happens under your account unless it was used without your permission and you were not careless. Tell us straight away at [email protected] if you think someone else has access.

2.4 Email verification and notices. We send account emails (codes, receipts while you accept electronic receipts, invoices, security and legal notices) to your email address. These are part of the service.

2.5 Electronic receipts. When you create an account, the line "I accept electronic receipts" is ticked, and you can untick it. While it is on, BlinkFix's receipts and invoices, and the receipts that establishments give you through BlinkFix, reach you electronically (in the app, on blinkfix.me and by email) instead of on paper. You can switch it off or on at any time in Settings › E-mails. While it is off we do not email you receipts; they stay in the app and on blinkfix.me. This does not change what an establishment must give you under the law of its country (see 3.3).

3. What BlinkFix is

3.1 BlinkFix is an online marketplace that connects people with restaurants, food trucks, local (home) cooks and shops ("establishments"), and offers recipes, reels and stories, shopping lists, chats, table bookings and other features.

3.2 When you order, your contract for the food or products is with the establishment, not with BlinkFix. The establishment's page shows who the seller is. Establishments must give us their trader details, which we show where the law requires. Some local cooks may be private individuals rather than businesses; consumer law rights against a seller who is not acting as a business can be more limited.

3.3 The establishment is responsible for:

• the food and products it sells, their quality, safety and description, and the accuracy of its menu, prices, photos, allergen and ingredient information;
• its registrations and licences, including food business registration and any licence to sell alcohol;
• preparing and handing over your order and, where it offers delivery, getting it to you, either with its own staff or through an independent delivery company (see 3.6). The establishment stays responsible to you for the order, whoever delivers it;
• issuing the fiscal receipt or VAT invoice that the law of its country requires, from its own till or invoicing system or through the fiscal connection it has set up in BlinkFix. If you need a full VAT invoice for the food (for example for your business), ask the establishment. BlinkFix gives you a receipt of your payment, which confirms what you paid and is not a fiscal receipt. Once the establishment has issued the fiscal receipt for your order through BlinkFix, the receipt BlinkFix gives you shows its number. Where the law of the establishment's country allows the fiscal receipt itself to be given electronically, you can also open it on your order in the app and on blinkfix.me, where BlinkFix offers that; where that law allows it only with your agreement, opening it there is your agreement. You can always ask the establishment for the fiscal receipt on paper.

3.4 BlinkFix is responsible for the platform: showing you the establishment's information as the establishment gave it, taking your payment and passing it on, passing on your order, the service fee, your account, and handling disputes as described in the Refund and Cancellation Policy.

3.5 Allergies. If you have an allergy or intolerance, check the dish information and ask the establishment before you order. Allergen information comes from the establishment. Allergy warnings in your profile are an aid only and depend on the information the establishment provided.

3.6 Delivery companies. Some establishments use independent delivery companies. You may then be able to pick a company that covers the establishment and your address, or let BlinkFix choose one for you ("Automatic"); the establishment's own drivers may also deliver.

• A delivery company is a separate business with its own drivers. It does not work for BlinkFix. BlinkFix does not deliver food and is not a carrier. The establishment stays responsible to you for the order, including its delivery (see 3.3).
• You pay one total in the app: the food, the delivery charge and our service fee. We receive the delivery charge for the establishment (see 5.2) and pay it on to the delivery company that delivers. You owe the delivery company nothing else, except an increase you have agreed to under 4.3.
• The delivery company is paid when it hands your order over. That never reduces a refund you are owed under these terms or the law.
• At the door the driver asks for your four-digit delivery code. Give it only when you have your order.
• For a cash order, see 5.3.

3.7 Car deposits (drivers). This clause applies only if you drive for a delivery company on BlinkFix and the company asks you for a deposit on one of its cars. It is your agreement with BlinkFix about that deposit, and you accept it by paying the deposit.

(a) What it is. BlinkFix holds the deposit for you and for the company, so that neither of you can take it unfairly. It is not BlinkFix's money and not the company's. It earns no interest, and BlinkFix takes no fee from it.

(b) Paying. The company names the car and the amount: at most £500, or the equivalent in its currency. You pay by card in the BlinkFix app, through Stripe, within 24 hours of the request; after that the request runs out. You can have only one open deposit with a company.

(c) Giving the car back. When the car is back, you tap "Return the car" or the company taps "Car returned". The company then has 7 days to claim for damage. If it makes no claim, the whole deposit is returned to your BlinkFix wallet automatically.

(d) A claim. The company can make one claim: an amount up to the deposit, one to six photos and a note. You have 7 days to accept or contest it. If you accept, the claimed amount goes to the company and the rest to your wallet. If you contest, or do not answer, a senior member of BlinkFix's staff reads both sides and decides: nothing, or any amount up to the claim, with the rest to you. We tell you both the outcome and the reason. Your silence never gives the company your money. This decides only who receives the deposit: you and the company can each still go to court about any other loss, and a court's order comes before BlinkFix's decision.

(e) Your money back. Money that comes back to you is credited to your BlinkFix wallet, in the currency you paid in, not to your card. It can be paid out 14 days after it is credited, which is the time in which your card issuer can still dispute your payment. You then pay it out to your bank through Stripe, under the normal wallet rules.

(f) If your card payment is disputed or refunded. Before the deposit is returned to you, it is frozen: nothing is claimed, answered or paid until BlinkFix has looked, and the frozen days do not count against any of the 7 days. If your card issuer gives you the money back (for all or part of the amount), or the payment is refunded in full, the deposit closes, nobody is paid from it, and any wallet credit for it is reversed; otherwise the deposit goes on as normal. After the deposit has been returned to your wallet, a dispute opened in the 14 days keeps the credit held until your card issuer decides: if the issuer gives you the money back, or the payment is refunded in full, the held credit is cancelled; if not, it can be paid out as normal. If your card issuer gives you the money back after you have paid the credit out, BlinkFix takes it back from your wallet, which can then go below zero until what you next earn or receive on BlinkFix makes it good.

(g) Only for damage. The deposit is security for damage to that car. It is not a fine, and the company cannot use it for anything else. A company may ask you for a deposit only where the law of your country allows it to ask you.

4. Prices and the BlinkFix service fee

4.1 Establishments set their own prices. Prices on menus include VAT where it applies.

4.2 Service fee. On every order, BlinkFix charges a service fee of 8% of the order value plus £0.50 (or the equivalent shown in your currency). VAT, where it applies to our fee, is included at the rate for your country. The order value is the order total, including any delivery and packaging charges. The fee pays for running BlinkFix — the marketplace, ordering, your account, support and handling problems with orders; it is not a charge for the way you pay. It is:

• shown as a separate line, “Service fee”, with how it is calculated, in your basket or at checkout before you pay, and included in the total you confirm;
• the same on every order, however you pay: by card, Apple Pay or Google Pay, or at the establishment, in cash or on the establishment's own card terminal, where the establishment collects it for BlinkFix (see 5.3).

4.3 Other charges. If the establishment charges for delivery, the charge is shown at checkout before you pay. A delivery company may ask more than that charge for your delivery, for example when fuel prices rise. Only you can agree to that: you see the new price and the extra you would pay before you pay it. The new price is never more than 30% above the company's own price list for that delivery. If you do not agree, nothing is added and you can choose another company. When you tip, a tip service fee of 5% of the tip is shown before you pay; it is taken out of the tip, not added on top. We never add a charge that was not shown to you before payment.

4.4 Total price. The checkout shows the total you will pay, including the service fee and any delivery charge, before you confirm. If you see prices converted into another currency, they are estimates using the European Central Bank reference rates; the currency you are charged in is always stated.

4.5 Mistakes. If an establishment's price is obviously wrong (for example £0.10 for a main course), the establishment may cancel the order and you are refunded in full.

5. Orders and payment

5.1 Placing an order. When you tap to pay (or to place an order you will pay at the establishment), you make an offer to buy from the establishment. The contract is formed when the establishment accepts the order. If the establishment rejects it or does not accept it in time, you are not charged, or you are refunded in full.

5.2 Payment. You pay by card, Apple Pay or Google Pay through our payment provider Stripe, or directly to the establishment, in cash or on its own card terminal, where the establishment accepts it. We act as the establishment's commercial agent to receive card payments, including the delivery charge when a delivery company delivers your order: once you have paid through BlinkFix, you do not owe the establishment or the delivery company that amount again. We never see or store your full card number. When you save a card, Stripe stores it for you and you can remove it in your profile.

5.3 Paying at the establishment. When you choose to pay at the establishment, you pay the order total and the BlinkFix service fee, in cash or on the establishment's own card terminal, when you collect your order or when the driver delivers it. If a delivery company's driver delivers a cash order, the driver keeps the company's delivery price out of what you pay and hands the rest to the establishment; you pay the same total either way. The establishment collects the service fee on BlinkFix's behalf: once you have paid it to the establishment, you do not owe it to BlinkFix again.

5.4 Split bills. When you split a bill, each person pays their own share by card, and each share carries its own service fee, shown before that person pays. The order is placed only when the whole bill is paid. If it is not paid within the time shown (currently 15 minutes), the split closes and any shares already paid are refunded in full.

5.5 Tips. Tips are voluntary. You tip a person who worked on your order, such as the chef, the waiter, the driver or the shop assistant, including an owner who works alone or a manager who did that work. A tip never goes to the establishment's own account, and you cannot tip yourself.

• The tip service fee is 5% of the tip. It is taken out of the tip, not added on top, so you pay exactly the amount you chose. The person receives the rest in their own BlinkFix wallet.
• Every tip is held for 7 days after you pay it. If your order is refunded, in full or in part, while the tip is held, your whole tip, including the tip service fee, goes back to your card with the refund, and the person does not receive it. A refund after the tip has been paid out does not change the tip.
• If you dispute the order's card payment with your bank while the tip is held, the tip stays held until the bank decides. If the bank gives you the money back, the tip comes back to you too; if not, the tip is paid out.
• BlinkFix keeps no part of a tip other than the tip service fee.

5.6 Business purchases. If you buy as a business and give your company details, BlinkFix issues its invoice for the service fee in your company's name, with your VAT number. The invoice for the food comes from the establishment (see 3.3).

5.7 Table bookings are between you and the establishment. Please cancel in the app if you cannot come.

6. Cancellations, refunds and problems

6.1 Right to cancel. Food and drink prepared to order are perishable, so the 14-day right to cancel that applies to many online purchases does not apply once the establishment has accepted your order. You can cancel free of charge before the establishment accepts it. Non-perishable products from shops may have a right to cancel; the Refund and Cancellation Policy explains when.

6.2 Problems. If something is wrong with an order — for example missing, wrong, damaged or out-of-date items, a substitute you did not agree to, less than you paid for, food not as described, or an allergen problem — open it and choose Report a problem within 48 hours, pick the items it is about and add photos if you can. The establishment has 48 hours to put it right (a refund, or a replacement or redelivery you accept). If it does not, or does not agree, BlinkFix decides on what both sides send. A refund goes back to the way you paid: to your card or wallet for card payments, or from the establishment for orders paid at the establishment. The establishment carries the cost of problems with its goods and their delivery, including when a delivery company delivered your order; BlinkFix carries the cost of its own errors. You deal with the establishment and BlinkFix, never with the delivery company. If an order is cancelled before a delivery company hands it over, the delivery charge comes back to you. The service fee is refunded too when the whole order is refunded because it never arrived, was cancelled, or because of our error. Details are in the Refund and Cancellation Policy.

6.3 Your statutory rights. Under the Consumer Rights Act 2015, food and products must be as described, of satisfactory quality and fit for purpose, and services must be performed with reasonable care and skill. Nothing in these terms affects those rights. Full details are in the Refund and Cancellation Policy.

7. Alcohol and age-restricted products

You may only buy alcohol and other age-restricted products if you are 18 or older (or the higher age that applies where you are). The establishment, or the driver who delivers for it, must check your ID when the order is handed over and must refuse to hand over those products if you cannot show valid ID, appear to be under age, or appear to be buying for someone under age. If that happens, the establishment refunds those items, less any cost the law allows it to keep.

8. Your content, reviews and chats

8.1 "Your content" is anything you add to BlinkFix: recipes, photos, reels, stories and other videos, reviews and ratings, messages, profile details, shopping lists and, if you run an establishment, menus and product lists. You keep ownership of it.

8.2 You give BlinkFix a worldwide, non-exclusive, royalty-free licence to host, store, copy, resize, translate, display and share your content, only to run and promote BlinkFix and only as your settings allow (for example, a public recipe is visible to everyone; a chat message only to the people in the chat). The licence ends when you delete the content or your account, except for copies other people have already shared or that we must keep by law.

8.3 You promise that you have the right to post your content and that it follows the Community Guidelines.

8.4 Reviews. Reviews must be about an order you placed and your honest experience. We do not publish reviews we know to be fake, we do not hide negative reviews at an establishment's request, and we remove reviews that break the rules. Reviews are not verified beyond checking that they are linked to an order.

8.5 Recipe creator earnings. When someone buys groceries from a shop through your recipe, reel or story, and the shop advertises on BlinkFix, you earn 20% of what the shop paid BlinkFix for the clicks that shopping made (20p for every £1). Only shops that advertise are shown to people who shop through a recipe.

• Your share is pending for 14 days after the order is finished. Then it becomes available in your BlinkFix Wallet, where you can see it and pay it out. Once it is available it is final: BlinkFix does not take it back.
• Inside the 14 days, a full refund of the order cancels the share and a part refund reduces it in proportion. If the customer reports a problem with the order inside the 14 days, the share is cancelled. If the customer's bank reverses the payment (a chargeback) inside the 14 days, the share is held until the bank decides: it is paid if the payment stands and cancelled if it does not.
• If you publish a recipe for an establishment, the share goes to the establishment.
• Earnings are not guaranteed: they depend on what shops spend on advertising and on real purchases. You earn nothing from your own purchases. Clicks or orders that are faked, self-generated or otherwise abusive earn nothing, and we cancel the share on them while it is pending.
• The Creator Royalty Terms give the full rules.

8.6 Messages from a brand's head office. If you work at an establishment that belongs to a brand using BlinkFix Enterprise (including a franchise), that brand's head office may message you through BlinkFix for feedback. It sees your name, role and establishment only. These messages are for feedback only; BlinkFix does not use them to give you tasks or instructions. You can reply, ignore them, block that head office or report a message, and you can switch head office messages off in Work › More.

9. Zero tolerance, reporting and blocking

9.1 BlinkFix has zero tolerance for objectionable content and abusive users. The Community Guidelines list what is not allowed.

9.2 Every chat message, recipe, review, profile, reel, story and advert video has a Report option, and you can Block anyone who contacts you. Our team reviews every report within 24 hours, removes content that breaks the rules, and warns, suspends or removes the user who posted it. Videos go live when they are uploaded and are not checked first. The first time a video is reported, BlinkFix also runs one automatic safety check on it; if the check flags the video, it is taken down at once until a person has decided. The Community Guidelines explain how this works and how to ask for a review.

9.3 If we remove your content or restrict your account, we tell you why, and you can appeal as described in the Community Guidelines.

10. Subscriptions, AI credits and the AI assistant

10.1 Plans for establishments, extra Establishment tablet licences, advert budgets and AI credits are digital purchases. In the apps they are sold by Apple (App Store) or Google (Google Play) and their terms apply to the payment, renewal and refunds. On the website they are charged by card through Stripe. The Subscriptions and Credits Terms explain auto-renewal, cancellation and refunds.

10.2 The AI assistant and the AI tools are optional and only work after you consent. AI can be wrong. See the AI Terms and Disclosure, which also describe the one automatic AI check that needs no consent: the safety check of a reported video.

11. Using BlinkFix fairly

You must not misuse BlinkFix, including by creating fake accounts or orders, chargeback fraud, abusing refunds, promotions, referral offers or the Student plan, scraping, overloading or getting round our security, or reverse engineering the apps except where the law allows. The full list is in the Community Guidelines.

12. Changes to BlinkFix and to these terms

12.1 We improve BlinkFix over time and may change or stop features. If a change significantly and negatively affects a paid feature you are using, we tell you in advance and you may cancel and get a refund for the unused period.

12.2 We may change these terms, for example when we add features or the law changes. We tell you about important changes by email or in the app at least 30 days before they apply (sooner only where the law or security requires). When we raise the version, we ask you to accept the new terms the next time you use BlinkFix. If you do not agree, you can stop using BlinkFix and delete your account; changes never apply to orders already placed.

13. Suspending or closing accounts

13.1 You can delete your account at any time; see Delete account. Deleting your account does not cancel subscriptions bought through Apple or Google; cancel them in your store account.

13.2 We may suspend or close your account if you seriously or repeatedly break these terms or the law, put other users at risk, commit fraud, or if your account has been inactive for more than 2 years (after warning you by email). Where it is fair and lawful we tell you first and explain why. Orders already placed, amounts owed and payouts due are still settled.

14. Our responsibility to you

14.1 We take reasonable care and skill in providing BlinkFix. If we break these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence.

14.2 Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of your statutory rights as a consumer, or for anything else the law does not allow us to limit.

14.3 We are not responsible for the food and products that establishments sell (the establishment is), for deliveries made by establishments or delivery companies (the establishment is responsible to you for them, see 3.3), for what other users post or do, or for losses that were not foreseeable. We are not responsible for business losses if you use BlinkFix for business (the Merchant Terms apply to that).

14.4 We cannot promise that BlinkFix will always be available or free of errors, but we will try to fix problems promptly.

15. Apple and Google

15.1 These terms are between you and BlinkFix Ltd, not Apple or Google. Apple and Google are not responsible for the apps or their content, have no obligation to provide support or maintenance, and are not responsible for claims about the apps (including product liability, legal or regulatory claims, or claims under consumer protection or intellectual property law). BlinkFix, not Apple, is responsible for dealing with any claim that an app infringes someone's intellectual property.

15.2 If an app fails to meet a warranty, you may tell Apple or Google, and they may refund its purchase price (if any); to the extent the law allows, they have no other warranty obligation.

15.3 For the iPhone app, these terms apply in addition to Apple's standard Licensed Application End User License Agreement. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

15.4 You confirm that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and are not on any US Government list of prohibited or restricted parties.

16. Complaints, law and disputes

16.1 Complaints. Contact us first at [email protected]; most problems can be solved quickly. We acknowledge complaints within 5 working days and aim to resolve them within 30 days.

16.2 These terms are governed by the law of England and Wales. If you live in Scotland or Northern Ireland, you may also bring proceedings in your local courts. If you live in the European Union or another country of the European Economic Area (Iceland, Liechtenstein or Norway), you keep the protection of the mandatory consumer law of your country and can bring a claim in your local courts. If you live in the United Arab Emirates, the United States or anywhere else, you keep the consumer rights that the law of your country gives you and that a contract cannot take away, and you may bring a claim in the courts of your country where that law allows it. Such a right applies only as far as the law requires, and the rest of these terms stays in force.

16.3 If we cannot resolve a complaint, you may refer it to an alternative dispute resolution provider; we will tell you which one when we reply to your complaint. We are not obliged to use one, and we will tell you if we will.

16.4 If a court decides that part of these terms is invalid, the rest stays in force. If we do not enforce a right straight away, we can still enforce it later. Nobody other than you and us (and Apple, as set out in section 15) can enforce these terms.

17. Contact

BlinkFix Ltd, 27 Old Gloucester Street, London WC1N 3AX, United Kingdom · [email protected] · Support