1. Scope and acceptance
These Terms of Service ("Terms") govern your access to and use of the Fruité website and its associated Discord community and Roblox experience (together, the "Service"), operated by Fruité ("we", "us"), a community-run Roblox group based in the United Kingdom. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.
2. Eligibility
You must meet Discord's own minimum age requirement to hold a Discord account, and must comply with Roblox's Terms of Use where the Service interacts with Roblox, in order to use the Service. By using the Service you confirm that you meet these requirements.
3. The Service
Fruité provides a companion website for the Fruité Roblox community, including features such as table reservations, a menu and recommendation quiz, community events, community updates, and channels for feedback and moderation appeals. We may add, change, or remove features at our discretion, and do not guarantee that any specific feature will remain available.
4. Account and authentication
You access the Service by signing in with your Discord account. You are responsible for maintaining the security of your Discord account and for all activity that occurs through your session. We are not responsible for any loss arising from unauthorised access to your Discord account.
5. Acceptable use
You agree not to:
- use the Service for any unlawful purpose or in violation of these Terms;
- attempt to gain unauthorised access to the Service, other users' accounts, or our systems;
- interfere with or disrupt the integrity or performance of the Service;
- submit false, misleading, or abusive content through reservations, feedback, or appeals;
- use automated means to access the Service except through any interface we expressly provide for that purpose.
Violation of these Terms may result in a warning, temporary restriction, or ban from the Service and/or our Discord community, subject to our moderation and appeals process.
6. Reservations
Table reservations made through the Service are offered free of charge and are subject to availability. A reservation is not a binding contract for services rendered for consideration, and we reserve the right to decline, amend, or cancel a reservation at our discretion, including in the event of a no-show or capacity constraints. We aim to honour confirmed reservations but do not guarantee availability of any specific table or time.
7. User content
Where you submit content through the Service, including feedback, appeal statements, or reservation details, you retain ownership of that content, but you grant us a non-exclusive, worldwide, royalty-free licence to use, store, and process it for the purpose of operating and improving the Service. You are solely responsible for the content you submit and confirm that it does not infringe the rights of any third party.
8. Intellectual property
The Service, including its design, branding, logos, and underlying software, is owned by us or our licensors and is protected by copyright, trade mark, and other intellectual property laws. Except as expressly permitted by these Terms, you may not copy, modify, distribute, or create derivative works based on the Service without our prior written consent.
9. Moderation and appeals
We operate a moderation system to maintain a safe community, which may result in a note, warning, or ban. If you believe a moderation action was issued in error, you may submit an appeal through the Service. Decisions on appeals are made at our reasonable discretion.
10. Availability and changes
We aim to keep the Service available at all times but do not guarantee uninterrupted or error-free operation. We may suspend or modify all or part of the Service at any time, including for maintenance, security, or legal reasons, without liability for any resulting unavailability.
11. Disclaimer of warranties
The Service is provided "as is" and "as available", free of charge. To the extent permitted by applicable law, we disclaim all warranties of any kind, whether express or implied. Nothing in this section limits any right or warranty that cannot lawfully be excluded, including any statutory rights you may have as a consumer under the Consumer Rights Act 2015.
12. Limitation of liability
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited under the laws of England and Wales, including under the Consumer Rights Act 2015 and the Unfair Contract Terms Act 1977.
Subject to the foregoing, and because the Service is provided free of charge, we accept no liability for any indirect, incidental, or consequential loss, or for any loss arising from your use of, or inability to use, the Service, to the fullest extent permitted by law.
13. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold us harmless from third-party claims, damages, or expenses (including reasonable legal fees) arising from your unlawful use of the Service, your infringement of a third party's rights, or your material breach of these Terms, except to the extent caused by our own breach or negligence.
14. Term and termination
These Terms apply for as long as you use the Service. We may suspend, restrict, or terminate your access to the Service where reasonably necessary to protect the Service, its users, our community, or our legitimate interests, including where you materially breach these Terms, subject to our moderation and appeals process described in Section 9. You may stop using the Service at any time, and may request deletion of your personal data as described in our Privacy Policy.
15. Governing law and jurisdiction
These Terms are governed by the laws of England and Wales. Nothing in this section prevents a consumer from relying on mandatory rights or protections available under the laws of the country in which they reside.
16. Dispute resolution
We encourage you to contact us directly in the first instance to resolve any dispute; see Section 18. We do not currently participate in a certified Alternative Dispute Resolution (ADR) scheme; if this changes, details of the relevant ADR provider will be added here.
17. Miscellaneous
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be replaced by a valid provision that most closely reflects its intended purpose. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
18. Contact
Questions about these Terms can be sent to legal@fruite.bar, or via our Discord server.