Terms & Conditions

1. Who we are & definitions

Retail Pack is a trading name of Swift Dynamics LTD, registered in England & Wales, company number [COMPANY_NUMBER], registered office Maruti House, 1st Floor, 369 Station Road, Harrow, Middlesex, United Kingdom, HA1 2AW. "Retail Pack", "we", "us" and "our" mean Swift Dynamics LTD trading as Retail Pack.

In these Terms:

• "Service" means the Retail Pack platform and applications, including the point-of-sale terminal, kitchen display system, table management, delivery-marketplace integrations, payment integrations, WhatsApp messaging and CRM, loyalty and marketing, staff and payroll, compliance and reporting features, the sign-in application at pos.retailpack.uk, the desktop applications, and this website.
• "Merchant" (also "you") means the business that registers for and uses the Service, including its owners, staff and authorised users.
• "End Customer" means a customer of the Merchant whose order, contact or loyalty data is processed through the Service.
• "Merchant Data" means the data the Merchant and its End Customers submit to or generate in the Service, including menus, orders, customer records, staff records and message content.
• "Third-Party Service" means any service not operated by us that the Service integrates with or depends on, including delivery marketplaces, payment providers and the WhatsApp Business Platform.

2. The Service

Retail Pack is an all-in-one hospitality platform: a fast POS terminal for dine-in, takeaway, delivery and phone orders; kitchen display and order-status screens; delivery-marketplace order aggregation; card payments through integrated providers; WhatsApp Business messaging, automation and campaigns; loyalty, coupons and vouchers; staff scheduling and payroll; HACCP compliance logs; and multi-branch reporting.

We develop the Service continuously. We may add, change or improve features, and may retire features that are little used or superseded, provided the change does not materially reduce the core functionality of your paid plan during a paid-up period. Where a change materially reduces core functionality, we will give you reasonable notice.

3. Accounts & eligibility

The Service is provided for business use only; it is not offered to consumers. To open an account you must be at least 18, act on behalf of a business, and have authority to bind it.

You must provide accurate, complete registration information and keep it up to date — including your legal business name, contact details and billing information. You are responsible for everything done under your account, including by your staff. Keep passwords, staff PINs and API credentials confidential, assign each staff member their own login, use the role and permission controls appropriately, and tell us promptly at info@retailpack.uk if you suspect unauthorised access. We may suspend an account we reasonably believe is compromised, and will work with you to restore it securely.

4. Free trial

New Merchants may take a 14-day free trial. No payment card is required to start. During the trial you get access to the plan features described at sign-up, and these Terms apply in full. At the end of the trial, if you have not subscribed to a paid plan, your account may be converted to read-only or suspended: you will be able to see and export your data for a reasonable period, but not to trade through the Service. We may modify or withdraw trial offers at any time, and we may decline or terminate trials that we reasonably believe are duplicates or abusive.

5. Fees & billing

• Prices exclude VAT. Plan prices shown at /pricing and on your order form are exclusive of VAT and any other applicable taxes, which will be added at the prevailing rate.
• Billing in advance. Subscription fees are billed in advance, monthly or annually according to your plan, from the date you subscribe.
• Plan changes. Upgrades take effect immediately and are prorated for the remainder of the current billing period; downgrades take effect from the next billing period unless we agree otherwise.
• Non-payment. If an invoice remains unpaid after its due date, we may — after notice — suspend access to the Service until payment is made. Suspension does not relieve you of the obligation to pay fees accrued.
• Price changes. We may change plan prices by giving at least 30 days' notice; changes apply from your next billing period after the notice period. If you do not accept a price change you may cancel before it takes effect.
• Refunds. Except where these Terms or the law require otherwise, fees are non-refundable; if you cancel, access continues to the end of the paid period.
• Pass-through charges. Usage-based charges from Third-Party Services — such as per-message WhatsApp conversation charges — may be passed through to you as described in Section 7c or your order form.

6. Acceptable use

You agree not to, and not to permit anyone using your account to:

• use the Service for any unlawful, fraudulent or infringing purpose, or to process data you have no right to process;
• interfere with or disrupt the Service, probe or test its security without written permission, attempt to gain unauthorised access to any account or system, or introduce malicious code;
• reverse-engineer, copy or create derivative works of the Service except as the law permits;
• resell, sublicense, white-label or make the Service available to third parties without a written agreement with us;
• use the Service in breach of the rules of any Third-Party Service — including marketplace platform rules and the WhatsApp Business policies described in Section 7c — or in a way that causes a Third-Party Service to restrict us or other Merchants;
• send unsolicited or unlawful messages through the Service (see Section 8).

We may suspend or restrict access, or particular features, where we reasonably believe this Section is being breached (see Section 16).

7. Third-party services

The Service integrates Third-Party Services that are operated by others under their own terms. We select and integrate them with care, but we do not control them. Your use of each Third-Party Service through Retail Pack is subject to that provider's terms, and you are responsible for accepting and complying with them. The following subsections set out how this works for the main categories.

7a. Delivery marketplaces (Just Eat, Deliveroo, Uber Eats)

• You must hold, and keep in good standing, your own agreement with each marketplace you connect. The marketplace accounts connected to Retail Pack are yours, not ours.
• Retail Pack acts only as a technical intermediary: we receive marketplace orders and display them in your terminal and kitchen screens so you can fulfil them. We are not a party to, or agent under, your marketplace agreements.
• Marketplace commissions, fees, payouts, customer terms and dispute processes are matters between you and the marketplace.
• We are not liable for a marketplace's availability, API changes or outages, decisions to suspend or delist your venue, or the accuracy or completeness of the order and customer data it sends us.

7b. Payment providers (Multiple Payment Gateway)

• Your merchant agreement for card acquiring and payment processing is directly with the payment provider. You must complete the provider's onboarding (including identity and anti-money-laundering checks) and comply with its terms and the card-scheme rules.
• Settlement of funds, processing fees, reserves, chargebacks and refunds are governed by the provider's terms. Chargebacks and payment disputes are your responsibility and are handled by the acquirer.
• We never hold card funds. Money flows from the cardholder through the payment provider to you; Retail Pack records only payment references and status for reconciliation, as described in our Privacy Policy.
• We are not liable for a provider's availability, settlement timing, fee changes, or decisions to hold funds or terminate your merchant account.

7c. WhatsApp / Meta

• By using the WhatsApp features of the Service you accept, and agree to comply with, the WhatsApp Business Terms of Service, the Meta Business Tools Terms, the WhatsApp Business Messaging Policy and the WhatsApp Commerce Policy, each as published and updated by Meta.
• Meta controls the WhatsApp Business Platform: it may approve or reject message templates, assign quality ratings, apply messaging limits or rate limits, and restrict or suspend business phone numbers that breach its policies. We are not liable for Meta-side enforcement decisions, though we will reasonably assist you in understanding and responding to them.
• Meta charges for business-initiated conversations and certain message categories. Message pricing may be passed through to you at the rates shown in your plan or order form, and may change when Meta changes its pricing.
• Template content, campaign content and the audience you message are your responsibility (see Section 8).

8. Messaging consent & anti-spam

You warrant that, for every marketing or promotional message you initiate through the Service (including WhatsApp campaigns and automations), you hold valid, demonstrable opt-in consent from the recipient obtained before the message is sent, and that your messaging complies with UK GDPR, the Privacy and Electronic Communications Regulations (PECR) and any other applicable law, as well as the WhatsApp policies in Section 7c.

You must honour opt-outs promptly: when a recipient replies STOP or otherwise objects, you must not initiate further marketing messages to them, and you must not attempt to circumvent the platform's opt-out suppression. You must keep records of consent sufficient to demonstrate compliance and provide them to us on reasonable request.

We may suspend or limit the messaging features — without liability, and in urgent cases without prior notice — where we reasonably believe they are being used to send unsolicited or unlawful messages, where recipient complaint rates are abnormal, or where Meta or a regulator requires it.

9. Data protection

• The parties' roles are as described in our Privacy Policy: we are controller for website, trial and Merchant account data, and processor for Merchant Data — including End Customer, staff and WhatsApp message data — for which you are the controller.
• As processor, we will process Merchant Data only on your documented instructions (which include these Terms and your configuration of the Service), keep it confidential, apply appropriate technical and organisational security measures, assist you with data-subject requests and breach notifications as the law requires, and delete or return Merchant Data at the end of the agreement as described in Section 16.
• You authorise the sub-processors listed in the Privacy Policy (hosting and infrastructure, email delivery, and Meta Platforms for WhatsApp messaging). We will remain responsible for our sub-processors and will give you notice of material changes to the list.
• Each party will comply with UK GDPR and the Data Protection Act 2018 in respect of its role.
• You are responsible for the lawfulness of the End Customer and staff data you enter into the Service — including having a lawful basis, providing privacy notices to your customers and staff, and honouring their data-protection rights as controller.

10. Merchant responsibilities

You are responsible for:

• Menu, pricing and allergen accuracy — the products, prices, VAT settings, descriptions and allergen information you publish through the Service, on any channel, including compliance with food-information law (such as allergen labelling requirements);
• Food safety and regulatory compliance — operating your venues lawfully. The HACCP and compliance features are record-keeping tools; they do not make you compliant, and we are not your food-safety adviser;
• Staff data and employment law — the lawfulness of the rota, clock-in, leave and payroll data you process, and the correctness of pay calculations you approve. Payroll outputs depend on the data and settings you enter;
• Fulfilment of orders — the contract of sale is between you and your End Customer; we are not a party to it;
• Hardware and connectivity — the tills, tablets, printers, cash drawers, card terminals and internet connections you use with the Service, and their compatibility and upkeep.

11. Intellectual property

We (and our licensors) own all rights in the Service — the software, design, trade marks, documentation and content — and nothing in these Terms transfers them to you. We grant you a limited, non-exclusive, non-transferable licence to use the Service for your business during your subscription, subject to these Terms.

You own Merchant Data. You grant us a licence to host, process, transmit and display it as needed to provide the Service, comply with law and produce aggregated, de-identified statistics that do not identify you or any individual.

If you give us feedback, suggestions or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or obligation to you.

12. Availability & support

We use reasonable endeavours to keep the Service available around the clock, but we do not guarantee uninterrupted availability. We may carry out maintenance — scheduled, where practicable, outside peak trading hours and with advance notice for significant windows — and emergency maintenance where needed. The Service also depends on Third-Party Services and on your own connectivity, which are outside our control.

Support is available through /contact and the channels shown there. The POS desktop application includes an offline mode that continues taking orders during an internet outage and syncs when the connection returns; offline capability depends on your device and configuration, and some features (such as card payments, marketplace orders and messaging) necessarily require connectivity.

13. Warranties & disclaimers

We warrant that we will provide the Service with reasonable skill and care. Otherwise, the Service is provided "as is" and "as available", and to the fullest extent permitted by law we exclude all other warranties, conditions and terms, whether express or implied, including implied terms of satisfactory quality, fitness for a particular purpose and non-infringement.

We do not warrant that the Service will be error-free or uninterrupted, that it will meet your particular requirements, or that reports and calculations will be correct where the underlying data or configuration you supplied is not. We give no warranty in respect of Third-Party Services and are not liable for their acts, omissions, availability or terms (see Section 7).

14. Liability

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law — including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or under any other non-excludable statutory right.

Subject to that: (a) neither party is liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, anticipated savings, goodwill or data, even if advised of the possibility; and (b) our total aggregate liability arising out of or in connection with the Service and these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is capped at the fees you paid to us in the 12 months immediately preceding the event giving rise to the claim.

You acknowledge that the fees reflect this allocation of risk and that we would not provide the Service at these prices without it.

15. Indemnity

You will indemnify and hold us harmless against all claims, losses, damages, fines, penalties and costs (including reasonable legal fees) brought by a third party — including an End Customer, a member of your staff, a Third-Party Service provider such as Meta or a marketplace, or a regulator — to the extent arising from: (a) Merchant Data or content you publish or send through the Service; (b) your breach of Sections 7 to 10, including messaging without valid consent, breach of the WhatsApp policies, or misuse of marketplace data or accounts; or (c) your unlawful use of the Service. We will notify you promptly of any such claim and allow you to participate in its defence at your expense.

16. Suspension & termination

You may cancel your subscription at any time with effect from the end of the current paid period. We may suspend or terminate your access, in whole or in part:

• for material or persistent breach of these Terms, where the breach is not remedied within a reasonable period after notice (or immediately for serious breaches, such as unlawful use or unconsented messaging);
• for non-payment, after notice, under Section 5;
• where an upstream provider suspension makes it impossible or unlawful for us to provide a feature — for example, where Meta suspends a WhatsApp number or a marketplace disconnects its integration — in which case we may suspend the affected feature for as long as the upstream suspension lasts.

Effect of termination: your licence to use the Service ends. We will make Merchant Data available for export in a commonly used format for a reasonable period (normally 30 days) after termination, except where we terminated for serious breach and the law permits otherwise. After the export window, Merchant Data is deleted in line with the retention schedule in our Privacy Policy; order and financial records may be retained where the law requires. Sections that by their nature should survive — including Sections 11, 14, 15, 18 and accrued payment obligations — survive termination.

17. Changes to these terms

We may update these Terms from time to time. For material changes we will give at least 30 days' notice by email or through the platform before the change takes effect; non-material changes (such as clarifications or new feature descriptions) may take effect when posted, with the "Last updated" date revised. If you do not accept a material change you may cancel before it takes effect; continued use after the effective date constitutes acceptance.

18. Governing law

These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or the Service, are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

19. Contact

Questions about these Terms, sales and plans, or general enquiries: info@retailpack.uk.

Post: Swift Dynamics LTD (trading as Retail Pack), Maruti House, 1st Floor, 369 Station Road, Harrow, Middlesex, United Kingdom, HA1 2AW.