Last updated: 20 June 2026
Effective from: 20 June 2026
Version: 1.0
If you or the person you are ordering for has a serious food allergy, intolerance, coeliac disease or other medical dietary requirement, contact the relevant Merchant directly before ordering.
Do not rely solely on filters, badges, profile warnings, automated checks or other NibbleKit platform features.
Where the Merchant cannot confirm that a product is suitable, do not complete the order.
If you believe someone is experiencing a severe allergic reaction, seek emergency medical assistance immediately. In the United Kingdom, call 999. Do not use the app, a support form or an email address for emergency medical assistance.
This policy explains the respective roles of NibbleKit, participating Merchants and Customers in relation to ingredients, allergens, dietary information, food safety and related platform features.
NibbleKit is a white-label ordering platform operated by Paul Hepple, a sole trader trading as DarkByte Creations. In this policy, DarkByte, NibbleKit, we, us and our refer to Paul Hepple trading as DarkByte Creations.
A Merchant is the food business or other seller identified in the relevant ordering service, at checkout and in the order confirmation.
A Customer is the person browsing or placing an order, including a person ordering for somebody else.
This policy applies to NibbleKit platform and demo services. It is not a Merchant-specific allergen notice and does not replace the ingredient, allergen or food-safety information that the relevant Merchant must provide for its own products.
NibbleKit provides technology that may allow Merchants to:
Unless a particular transaction expressly states otherwise, DarkByte does not:
The Merchant identified at checkout and in the order confirmation is normally the seller and food business responsible for the product.
DarkByte remains responsible for its own operation of the platform and for any legal duties that apply directly to DarkByte. Nothing in this policy excludes responsibility that DarkByte cannot lawfully exclude, including responsibility for its own misleading statement, unauthorised alteration of Merchant information or failure to use reasonable care in performing an obligation that DarkByte has expressly accepted.
Before an order is placed, the relevant ordering service must identify the Merchant responsible for the food.
The Merchant is responsible for ensuring that Customers can find its:
Product-specific ingredient, allergy, preparation and food-safety questions must be directed to the relevant Merchant using the contact route shown in the ordering service, checkout or order confirmation.
A Merchant brand name must not be presented in a way that conceals or makes it materially difficult to identify the legal person selling the food.
Merchants using NibbleKit are responsible for their own compliance with food-information, allergen, hygiene, product-safety, labelling, delivery and food-safety requirements.
A Merchant must:
A Merchant must not assume that entering information into NibbleKit transfers its legal responsibility to DarkByte.
The Merchant must ensure that mandatory allergen information is available to the Customer before the purchase is concluded.
Where food is delivered, the Merchant must also ensure that the required allergen information is available when the food is delivered. For collected food, the Merchant must ensure that the information remains available and can be linked clearly to the relevant items at collection or handover.
The method used must comply with applicable law. Wherever reasonably practicable, allergen information should be provided in writing and linked clearly to each product.
The Merchant must ensure that:
The ordering service must not conceal required allergen information behind an optional account, unrelated marketing consent or avoidable additional payment.
The Merchant must review and update affected product information before accepting further orders where it changes:
The Merchant must not continue to rely on stale or unconfirmed platform data after becoming aware of a relevant change.
Where an item is temporarily unavailable, the Merchant must not substitute another product or ingredient in a way that materially changes its allergen content without:
Where a proposed substitution creates uncertainty for a Customer who has identified an allergy, the Merchant should not make the substitution or accept the affected item unless suitability has been confirmed.
Historical allergen information must not be presented as current information for a changed recipe.
UK food-information rules require food businesses to declare specified allergens where they are used as ingredients or processing aids and remain present in the final food.
The 14 regulated allergens are:
People can be allergic or intolerant to ingredients outside this regulated list. The absence of an ingredient from the list of 14 regulated allergens does not mean that it cannot cause an adverse reaction.
Customers with a concern about another ingredient must contact the Merchant before ordering.
Allergen cross-contact can occur when an allergen is unintentionally transferred to another food during sourcing, storage, preparation, cooking, handling, packaging, transport or delivery.
Potential sources include:
Merchants must assess and reduce cross-contact risks through suitable controls.
A precautionary statement such as "may contain" or "not suitable for a person with an allergy to" should be used only where:
A blanket statement such as "may contain allergens" must not be used as a substitute for an item-specific risk assessment or good food-safety practice.
Where a Merchant cannot adequately control a material risk, it must inform the Customer that it cannot provide an allergen-free or suitable item.
The absence of a precautionary statement is not, by itself, a "free-from" guarantee.
A Merchant must not make a "free-from", "gluten-free", vegan, vegetarian or other dietary claim unless it can substantiate the claim and apply appropriate controls.
A vegan or vegetarian description does not necessarily mean that the food is suitable for a person with an allergy to milk, egg, fish, crustaceans, molluscs or another animal-derived allergen. Cross-contact may still occur.
An item must not simultaneously be presented as "free from" a particular allergen and as potentially containing the same allergen.
Dietary preference labels and allergen declarations serve different purposes. A Customer must not treat a dietary-preference label as a substitute for allergen information.
NibbleKit may provide an optional feature allowing a Customer to save allergy or dietary-safety information to a profile.
Saving allergy information is optional. A Customer must still be able to obtain legally required product information without creating an allergy profile.
Before storing health-related allergy information for profile-based warnings, NibbleKit will present a separate and specific privacy choice and explain:
Accepting the Terms and Conditions, this policy or the general Privacy Policy does not by itself amount to explicit consent to save allergy information.
When allergy-profile information is used in connection with an order, saved allergy selections, any no-known-allergies flag and order-specific allergy or dietary notes may be included in the order data visible to authorised Merchant, admin and kitchen users who need it for preparation, handover, support or safety purposes.
A Customer should not save health-related information about another person without that person's knowledge or appropriate authority.
Further information is provided in the Privacy Policy and Data Retention Policy.
NibbleKit may compare allergy information selected by a Customer with allergen information supplied or confirmed by a Merchant.
The platform may also display:
These features are supplementary aids only. They are not a guarantee that a product is safe for a particular person.
Automated warnings can be affected by:
The absence of a warning does not confirm that an item is safe.
A Merchant must review its own underlying ingredient and allergen information. It must not rely on an automated warning or successful platform validation as proof of legal compliance or food safety.
Any artificial-intelligence or automated feature must not be used as the final source for an allergen declaration without appropriate human verification by the Merchant.
Where required allergen information is missing, stale or unconfirmed, the Customer should not order the affected product and the Merchant should not accept the affected order until the information has been confirmed.
Customers should:
If a Customer has a serious allergy, intolerance, coeliac disease or other medical dietary requirement, the Customer should speak directly to the Merchant before completing the order and should not rely solely on an automated or written platform display.
These Customer precautions do not reduce the Merchant's legal obligations or remove any statutory right.
The Merchant is responsible for:
Where the Merchant appoints a delivery provider, the Merchant remains responsible for its own obligations concerning the order and for ensuring that the delivery arrangement is suitable for the food.
After lawful handover, the Customer should follow the Merchant's storage, reheating and consumption instructions and should not consume food that has been left outside applicable safety instructions.
A Customer's responsibility after handover does not excuse:
A Customer should report a suspected allergen or food-safety problem to the relevant Merchant as soon as reasonably possible.
Where safe and practical, the Customer should retain:
This may help an investigation, but failure to provide a photograph or to complain within a short period does not automatically remove statutory rights.
The Merchant should promptly investigate a credible report and take appropriate steps, which may include:
If the issue appears to have resulted from NibbleKit altering, displaying or transmitting information incorrectly, contact DarkByte as well as the Merchant.
NibbleKit and ordinary Merchant support channels are not emergency medical services.
If a person may be experiencing anaphylaxis or another serious reaction:
In the United Kingdom, call 999.
Questions about how DarkByte uses allergy or other health-related information should be submitted through the NibbleKit Privacy Rights and Data Protection Complaints page or sent to support@nibblekit.com.
Where DarkByte is the relevant controller, we will:
Where the Merchant is the relevant controller, we may refer or forward the matter to the Merchant and explain that we have done so.
This process does not affect the right to complain to the Information Commissioner's Office.
We may update this policy to reflect changes in law, official guidance, platform functions or food-safety practice.
The current version will show its last-updated date and version number. Material changes will apply prospectively and will not retrospectively change the product information or contractual terms applicable to an order already placed.
Previous material versions are available on reasonable request from support@nibblekit.com.
For product-specific ingredient, allergy, food-safety, preparation or suitability questions, contact the Merchant identified in the ordering service, checkout or order confirmation before ordering.
For questions about NibbleKit platform functionality or the handling of platform data, contact:
Paul Hepple, a sole trader trading as DarkByte Creations 152 Lindhurst Road, Barnsley, S71 3DG Email: support@nibblekit.com