CONSUMER PLATFORM TERMS

Last updated: 20 June 2026
Effective from: 20 June 2026
Version: 1.0

1. About These Terms

These Consumer Platform Terms, referred to as the Terms, govern consumer and visitor access to NibbleKit-powered:

together referred to as the Services.

The Services are operated using NibbleKit technology by Paul Hepple, a sole trader trading as DarkByte Creations.

In these Terms:

These Terms apply to guest checkout as well as account-based use.

Where the law requires affirmative acceptance, you will be asked to accept these Terms before the relevant account or Service is used. Merely viewing a public page does not create a paid order.

You should read and retain a copy of the version that applies to you.

2. Consumer Terms Only

These Terms are intended for Customers and other individual users acting wholly or mainly outside their trade, business, craft or profession.

They do not govern:

Those matters must be governed separately by the applicable:

A person who uses NibbleKit both as a Customer and as a Merchant user is subject to these Terms only when acting in their Customer capacity.

Nothing in these Terms grants a Merchant or Merchant user a right to access business functions.

3. Who DarkByte Is

NibbleKit is operated by:

Paul Hepple, a sole trader trading as DarkByte Creations 152 Lindhurst Road, Barnsley, S71 3DG Email: support@nibblekit.com Telephone: 07549 253991 VAT: shown on applicable invoices or receipts where required by law

DarkByte provides the NibbleKit platform technology.

DarkByte is not automatically the Merchant, seller, restaurant, caterer, food business, fulfilment provider or delivery provider merely because:

Where DarkByte is the seller or accepts another transactional role for a particular order, that role must be stated clearly before you submit the order.

4. What NibbleKit Does

NibbleKit is a white-label ordering platform used by participating Merchants.

Depending on the Merchant and configuration, the Services may allow you to:

Available functions may vary by:

DarkByte is responsible for providing the platform functions it undertakes to provide with the care and skill required by law.

DarkByte remains responsible for its own:

5. Merchant as Seller and Food Business

Unless the checkout expressly states otherwise, the Merchant identified at checkout and in the order confirmation is:

The Merchant remains responsible for a delivery provider that the Merchant selects, offers or appoints as part of its fulfilment arrangements.

DarkByte's provision of technical tools does not transfer the Merchant's seller or food-business responsibilities to DarkByte.

DarkByte is not responsible for a Merchant's independent breach merely because the Order Contract was formed through NibbleKit. This does not exclude responsibility where DarkByte's own act or omission caused or contributed to the problem.

6. Merchant Identity

Before you submit an order, the relevant Service must identify the Merchant responsible for it.

The information made available must include, where applicable:

The same Merchant must be identifiable in the order confirmation.

A trading name or brand must not be used in a way that conceals or makes it materially difficult to identify the legal seller.

Where the required Merchant identity is missing or appears inconsistent, do not place the order and contact support@nibblekit.com.

7. Contract Structure and Priority

Several legal documents may apply to your use of a NibbleKit-powered Service.

They apply as follows:

Merchant Terms apply only where they were made available before you submitted the order and are fair, lawful and applicable to the transaction.

A Merchant Term cannot:

Where there is a conflict:

8. Eligibility and Minimum Age

You may use the Services only if:

Where a person does not have full legal capacity, any acceptance required by law must be completed by a parent, guardian or other legally authorised person.

The minimum account age does not determine eligibility to purchase every Product.

Where a Merchant offers an age-restricted Product, the Merchant may:

You must not attempt to purchase an age-restricted Product if you are not legally eligible.

9. Customer Accounts

Some Services require an account. Others may permit guest checkout.

When creating or using an account, you must:

You must not:

You are not responsible for unauthorised account activity to the extent that it resulted from DarkByte's or a Merchant's failure to use reasonable security measures.

We may ask you to verify:

Verification must be proportionate to the risk.

10. Guest Checkout

Where guest checkout is available:

A Merchant must not make legally required Product or allergen information available only to registered users.

11. Closing or Deleting an Account

You may stop using the Services at any time.

Where account deletion is supported, you may initiate it:

Deleting an app from a device does not delete the account.

Account deletion normally:

Account deletion may not immediately remove:

The Privacy Policy and Data Retention and Deletion Policy provide further details.

12. Product Information and Availability

The Merchant is responsible for the accuracy and currency of information about its Products, including:

DarkByte may format, validate, transmit or display information supplied or confirmed by the Merchant.

A Product appearing in a menu does not guarantee that it remains available.

Availability may change before the Merchant accepts an order.

Where DarkByte becomes aware that a platform error has materially altered, omitted or mismatched Merchant information, DarkByte will take reasonable steps to:

A Merchant remains responsible for checking its published information and correcting known inaccuracies.

13. Prices and Price Transparency

Prices must be displayed clearly and must not mislead you about what you must pay.

Where a Product and price are presented in circumstances that enable you to make a purchasing decision:

A compulsory charge must not be revealed only at the final payment step where it could reasonably have been shown earlier.

The checkout may show a breakdown including:

A fee must not be described as optional where you cannot complete the selected order without paying it.

14. Information Before You Place an Order

Before you submit an order, the checkout must make the following information clear, where applicable:

Directly before submission, you must be shown clearly and prominently:

Optional extras must not be added using a pre-selected control or another method that does not obtain your express agreement.

15. Final Payment Button

The button or similar control used to submit a paid order must be labelled in a clear, legible and unambiguous way indicating that submission creates an obligation to pay.

The deployed button label is:

the final checkout/payment button shown in the service, such as Proceed to card payment, Pay Now, Pre-authorise, Place order with cash pre-authorisation or Place free order, depending on payment method and platform

A label such as:

must not be used as the sole final payment label.

Nothing in these Terms treats you as bound where applicable law provides that you are not bound because the payment-obligation requirement was not met.

16. Placing an Order

Submitting an order is an offer by you to purchase the selected Products from the Merchant.

When you submit the order:

Submitting an order does not by itself guarantee acceptance.

You should review:

before submission.

An order cannot normally be edited after acceptance unless the Merchant agrees and the change is lawful.

17. Order Acceptance and Contract Formation

The Order Contract is formed when the Merchant accepts your offer.

Unless the checkout expressly identifies a different acceptance point, acceptance occurs when:

the Merchant accepts the order through the applicable NibbleKit Merchant workflow or otherwise confirms acceptance to the Customer

The following do not by themselves constitute Merchant acceptance:

The acknowledgement should state whether:

The Merchant may reject an order before acceptance where, for example:

A Merchant's right to cancel after acceptance is more limited and is governed by:

18. Order Confirmation

After the Order Contract is formed, the Merchant or NibbleKit acting on the Merchant's behalf will provide confirmation by email or another durable medium within the period required by law.

The confirmation should include or reproduce, where applicable:

You should keep the confirmation.

If confirmation does not arrive, check the contact information supplied and contact the Merchant or DarkByte support as appropriate. The absence of a confirmation message does not necessarily mean that no Order Contract exists where acceptance can otherwise be established.

19. Payment Authorisation and Capture

Payment may be authorised, reserved or captured through the applicable payment provider.

The current payment model is:

Payment provider: Stripe Connect for card payments and supported wallet methods, plus any cash or offline payment option expressly enabled by the Merchant. Charge model: Stripe Connect direct charges on the Merchant connected account are used where the current PaymentIntent flow is enabled; other flows must state their model before launch Payment recipient: the Merchant identified at checkout, unless the checkout expressly identifies another payment recipient Collection-agent position: DarkByte provides platform/payment tooling and may receive platform fees, but does not become the food seller merely because it supports payment processing Authorisation timing: when the payment provider confirms or pre-authorises the payment during checkout Capture timing: automatically for ordinary card payments unless a manual capture/pre-authorisation flow is used, such as cash pre-authorisation where enabled Refund initiator: refunds may be initiated through Merchant/admin tooling, DarkByte platform support or the payment provider workflow depending on configuration and authority Statement descriptor: the descriptor is controlled by the relevant Merchant/Stripe account and payment-provider configuration and may vary by Merchant

A payment authorisation or capture does not itself constitute Merchant acceptance.

Where an order is not accepted:

as applicable.

The time taken for a pending authorisation to disappear may depend on the bank, card issuer or wallet provider.

20. Payment Providers

Payments may be processed by:

Stripe Connect for card payments and supported wallet methods, plus any cash or offline payment option expressly enabled by the Merchant.

Payment providers, banks, card networks, card issuers and digital-wallet providers may:

NibbleKit is designed so that full card numbers and card security codes are entered into or handled by approved payment-provider components rather than stored by DarkByte.

This payment-data statement reflects the current NibbleKit payment architecture and must be reviewed before any new payment flow is enabled.

DarkByte may receive limited payment information such as:

A payment provider's independent role does not remove DarkByte's responsibility for the payment configuration and platform components DarkByte controls.

21. Failed or Unauthorised Payments

An order may be rejected or delayed where payment:

You must not:

Where you believe a payment was:

contact the Merchant or NibbleKit support promptly.

Do not send a full card number, card security code, payment password or one-time authentication code through an ordinary support channel.

22. Cancellations and Perishable Products

Cancellation and refund rights are explained in the Refund and Cancellation Policy.

Many prepared foods and other rapidly perishable Products are excluded from the ordinary 14-day change-of-mind cancellation right.

That statutory exception arises from the nature of the Product. It does not arise only when preparation begins.

A Merchant may nevertheless offer an additional contractual cancellation window before:

The applicable Merchant cancellation window must be shown before the order is submitted.

Closing a Merchant's additional cancellation window does not remove rights relating to Products that are:

23. Refunds

The Merchant normally remains legally responsible for refunds owed under the Order Contract.

NibbleKit may provide the technical tool used to approve, submit, record or track a refund.

The fact that DarkByte technically submits a Merchant refund instruction does not by itself transfer the Merchant's seller liability to DarkByte.

Where DarkByte must take a technical step before an approved refund can be submitted, DarkByte will provide reasonable assistance without undue delay.

A refund may pass through several stages:

A refund must not be described as received merely because it has been approved or submitted.

Where the law entitles you to a money refund:

The Refund and Cancellation Policy explains:

24. Chargebacks and Payment-Provider Rights

Nothing in these Terms prevents you from:

Where practical, giving the Merchant a reasonable opportunity to resolve an ordinary order complaint may help achieve a quicker result. It is not a contractual condition of exercising a right against a bank or payment provider.

You must not knowingly seek duplicate recovery.

Where both a refund and chargeback are received for the same amount, the duplicate recovery may be corrected.

A genuine payment dispute made in good faith does not breach these Terms merely because the Merchant contests it.

Knowingly false, manipulated or abusive payment claims may breach the Acceptable Use Policy.

25. Unavailable Products

Where a Product becomes unavailable before acceptance, the Merchant may:

A Product must not be silently removed after payment without:

Where the missing Product is central to the order, you may be entitled to cancel more than the isolated item.

26. Substitutions

A Merchant must not make a materially different substitution without informing you and obtaining any confirmation reasonably required.

A substitution must not be made where it:

Silence or failure to respond to a substitution message does not constitute acceptance.

Where you accept:

Where you reject a substitution, the affected item must be removed and refunded.

27. Promotions and Discounts

A promotion may be subject to lawful conditions displayed before use, including:

A promotion must not be:

Where an obvious promotion or pricing error is identified before Merchant acceptance, the Merchant may reject the order and release or refund any affected payment.

After acceptance, the Merchant may alter or cancel the promotion only where the Order Contract and applicable law permit it.

Where the Merchant cancels an order or a platform error prevents a valid promotion from being applied, the promotion should be restored, reissued or reflected fairly in the refund.

28. Vouchers, Gift Cards, Credits and Loyalty Value

Paid gift cards and paid vouchers are distinct from free promotional codes.

Where an order is refunded:

Where a money refund is legally due, it must not be replaced with account credit merely because the platform supports credit.

A voucher, credit or loyalty balance must not be used:

Where DarkByte or a Merchant disables a voucher because fraud is reasonably suspected, the matter must be reviewed proportionately.

29. Service, Platform, Delivery and Packaging Fees

Every compulsory fee must be:

The current fee structure is:

Merchant service fees: none in the core NibbleKit demo unless a Merchant-specific checkout states one before payment. DarkByte platform fees charged directly to Customers: none in the core NibbleKit demo unless the checkout states one before payment. Delivery fees: Merchant-configured where shown at checkout and settled through the Merchant order/payment flow. Packaging fees: none unless shown by the Merchant before checkout. Other compulsory charges: none unless shown before checkout.

Calling a charge a:

does not make it non-refundable where a refund is required by law.

Optional premium delivery or another optional extra must be selected expressly.

30. Tips

A tip must be:

A tip must not be pre-selected.

The checkout must identify who receives the tip.

The current tip model is:

The current core NibbleKit demo does not expose a separate tips feature. If tips are enabled for a Merchant, the checkout must identify the recipient and reversal process before the Customer pays.

Where a complete order is cancelled before fulfilment or is not supplied, a tip paid through the order will be refunded.

Further handling of tips for partial refunds is described in the Refund and Cancellation Policy.

31. Recurring Payments and Subscriptions

Accepting these Terms does not by itself create a subscription or recurring payment.

Where a Merchant offers a subscription, membership or recurring order:

The current NibbleKit consumer subscription position is:

The standard NibbleKit consumer ordering service does not currently offer recurring consumer subscriptions. If a Merchant introduces a subscription, membership or recurring-order feature, separate terms must be presented before sign-up.

32. Delivery and Collection

Delivery and collection are governed by:

The Merchant is normally responsible for:

A time described as an estimate is approximate.

An estimated time does not permit unreasonable delay or remove a right arising where:

33. Essential Delivery Times

A delivery time may be essential where:

Where timing is essential, the checkout or Merchant confirmation should record that fact.

The current workflow for recording essential timing is:

the Customer must contact the Merchant before ordering and obtain express confirmation if a delivery or collection time is essential

Where an essential time is missed, you may be entitled to end the affected Order Contract and obtain reimbursement.

The Delivery and Collection Policy provides further details.

34. Safe Places and Nominated Recipients

Where supported, you may provide an instruction to deliver to:

A nominated person and an unattended safe place are not the same.

The Merchant or delivery provider may refuse an instruction that is:

An unattended delivery instruction does not automatically transfer legal risk in every circumstance.

Responsibility depends on matters such as:

A Merchant cannot rely on a safe-place term where the order was:

35. Failed Delivery or Collection

Where delivery or collection fails because of inaccurate information or unavailability on your part, the Merchant may take account of reasonable and unavoidable loss where:

No failed-delivery term creates an automatic right to retain the complete payment.

The Merchant must consider:

Where failure was caused by the Merchant, its selected delivery provider or a NibbleKit error for which DarkByte is responsible, the relevant party remains responsible for the remedy required by law.

36. Ingredients, Allergens and Food Safety

The Merchant is responsible for ensuring that legally required ingredient and allergen information is:

NibbleKit may provide tools that:

Those tools are supplementary aids.

They do not:

Where you or the intended recipient has a serious allergy, intolerance, coeliac disease or other medical dietary requirement:

The Allergen and Food Safety Policy provides further details.

If someone may be experiencing a serious allergic reaction or another medical emergency, contact emergency services immediately. In the United Kingdom, call 999.

37. Customer Responsibilities

You must take reasonable care to:

You must not:

These responsibilities do not excuse a breach by DarkByte, a Merchant or a delivery provider.

38. Reporting Order Problems

Where an order is:

contact the Merchant using the order-support details.

Please report perishable Product issues as soon as reasonably possible and preferably within 24 hours where the condition of the Products or evidence may change.

The 24-hour period is an evidence-preservation request. It is not a contractual deadline and does not remove statutory rights.

Photographs may assist but are not compulsory where unavailable, unsafe or inappropriate.

39. Customer Support Responsibilities

39.1 Merchant support

Contact the Merchant for matters relating to:

The Merchant's contact details must appear at checkout, in the order confirmation or in the order details.

39.2 DarkByte support

Contact DarkByte for matters relating to:

DarkByte may forward an order-specific matter to the Merchant or provide the Merchant with relevant platform evidence.

Providing that assistance does not make DarkByte the seller.

40. Complaints

An order, Product, delivery, allergen or refund complaint should normally be submitted first to the Merchant.

A complaint about the NibbleKit platform should be submitted to DarkByte at support@nibblekit.com.

A privacy right or data-protection complaint should be submitted through the Privacy Rights and Data Protection Complaints page.

DarkByte's current alternative-dispute-resolution position is:

DarkByte does not currently state participation in an approved alternative dispute resolution scheme unless required by law. Customers may still use any statutory, regulatory, payment-provider or court routes available to them.

A Merchant may have a separate ADR or complaint process. Where it does, its details should be included in the Merchant Terms or order confirmation.

Nothing in this section prevents you from:

41. Service Communications

DarkByte or the Merchant may send communications needed to provide, secure or administer the Services or an order.

These may include:

You must provide a contact method that you are authorised to use.

A service message is not marketing merely because it contains Merchant branding.

Accepting these Terms does not amount to consent to direct marketing.

Marketing communications are governed by the Privacy Policy, applicable privacy choices and electronic-marketing law.

42. Electronic Records and Notices

Where permitted by law, contractual notices and records may be provided through:

An important notice will not be treated as delivered solely because an impermanent push notification was sent where the law requires a durable record.

You may download or print these Terms.

Order confirmations and applicable contractual information will be provided in a form that can be retained where required.

43. Acceptable Use

You must comply with the NibbleKit Acceptable Use Policy.

In particular, you must not:

A genuine complaint, statutory claim, security report or payment dispute is not prohibited merely because DarkByte or a Merchant disagrees with it.

Security research is permitted only within prior written authorisation or DarkByte's published coordinated vulnerability-disclosure process.

44. Demo, Test and Trial Services

A Service identified as a demo, preview, development, test or trial environment is for evaluation only unless DarkByte expressly confirms otherwise.

A demo environment must not be used for:

Demo information may be:

A demo status, receipt, menu, price, delivery slot or payment result must not be relied upon as evidence of a real transaction.

Where real personal or confidential information is submitted to a demo environment contrary to these Terms, DarkByte may:

45. Suspension and Restriction

DarkByte may restrict or suspend a Customer account or platform function where it reasonably believes that:

Where reasonably practicable, DarkByte will:

Immediate action may be taken where delay could create a material:

DarkByte may withhold details where disclosure would:

You may request review of an account decision by contacting support@nibblekit.com.

46. Effect of Suspension or Account Closure

Suspension or closure of your NibbleKit account:

Where account access is restricted during an active order, DarkByte and the Merchant should provide a reasonable alternative means of communication where necessary.

47. Service Availability, Maintenance and Updates

DarkByte may carry out:

Where reasonably practicable, DarkByte will give notice of planned disruption that is likely to affect a material Customer function.

A temporary outage does not automatically cancel an accepted Order Contract.

Where a platform outage prevents a Merchant from fulfilling an accepted order, the Merchant remains responsible for resolving the Order Contract, while DarkByte remains responsible for its own platform failure to the extent required by law.

DarkByte does not guarantee that:

This does not exclude the duty to provide the Services with reasonable care and skill or another mandatory right.

48. Events Outside Reasonable Control

DarkByte is not responsible for a delay in performing its Platform Contract obligations where the delay is caused by an event genuinely outside DarkByte's reasonable control and DarkByte could not reasonably have avoided or overcome it.

Examples may include:

DarkByte will, where reasonably possible:

DarkByte and the Merchant are assessed separately.

An event affecting DarkByte does not automatically excuse the Merchant's separate Order Contract obligations, and an event affecting the Merchant does not automatically excuse DarkByte's Platform Contract obligations.

This section does not:

49. Intellectual Property

NibbleKit technology and related materials, including relevant:

are owned by DarkByte or its licensors.

Merchant names, logos, menus, Product images, descriptions and other Merchant content may be owned by the Merchant or its licensors.

These Terms do not transfer ownership of any intellectual property to you.

DarkByte grants you a limited, personal, non-exclusive, non-transferable and revocable right to access and use the customer-facing Services for their intended purpose.

You must not:

except to the extent that applicable law gives you a right that cannot lawfully be excluded.

Nothing in this section prevents an honest review, lawful criticism or other use protected by law.

50. Content You Submit

You retain ownership of content you lawfully submit, such as:

You grant DarkByte and the relevant Merchant a limited right to:

that content where reasonably necessary to:

This right lasts only for as long as the relevant lawful purpose and retention period require.

You must not submit content that:

51. Mobile Apps and the EULA

Where you access NibbleKit through a mobile app, the app licence is governed by the applicable End User Licence Agreement.

The legal app Licensor or publisher may be:

The EULA must identify the actual legal Licensor.

These Terms govern consumer platform use. The EULA governs the right to install and use the app.

Where there is a conflict:

Apple, Google and another app-store provider are not the Merchant and do not fulfil food or Product orders.

Store-specific rights and third-party-beneficiary provisions are contained in the EULA.

52. Third-Party Services

NibbleKit may interact with services supplied by:

A third party may apply its own terms to its independent service.

DarkByte is not responsible for a third party's independent act merely because NibbleKit provides a link.

DarkByte remains responsible for:

A Merchant remains responsible for a delivery provider or other fulfilment provider selected by the Merchant.

53. Privacy and Personal Data

DarkByte's use of personal data is described in the NibbleKit Privacy Policy.

The Privacy Policy explains:

A Merchant may provide a separate privacy notice for its independent processing.

Accepting these Terms does not amount to:

Those choices must be obtained separately where required.

54. Cookies, App Storage and Similar Technologies

The Cookies and Similar Technologies Policy explains the use of:

Where consent is required, optional technology must not be enabled before valid consent is obtained.

You may manage optional choices through:

the privacy controls, cookie banner, app permission settings or device/browser settings provided in the relevant service; if no optional technologies are enabled, no separate preference control may be shown

Refusing optional technology will not prevent access to unrelated core functions.

55. Privacy Rights and Data-Protection Complaints

You may use the Privacy Rights and Data Protection Complaints page to:

The route is available at:

https://nibblekit.com/policies/data-request/

Rights requests and data-protection complaints are distinct processes.

A complaint about DarkByte's data handling will be:

You may also complain to the Information Commissioner's Office.

56. Changes to the Services

DarkByte may change the Services to:

A change will not retrospectively alter an accepted Order Contract.

Where a change materially reduces an active consumer platform function:

A Merchant may change future menus, availability and prices. Those changes do not retrospectively alter an accepted order unless you expressly agree to a lawful variation.

57. Changes to These Terms

DarkByte may update these Terms to reflect changes in:

The current Terms will show:

Material changes apply prospectively.

Where reasonably practicable, DarkByte will notify existing account holders of a material change through:

Fresh affirmative acceptance will be requested where required by law or where the nature of the change makes it appropriate.

Continued use may signify acceptance of a notified non-material change where law permits. It will not:

Previous material versions will be available at:

Previous material versions are available on reasonable request from support@nibblekit.com.

58. Your Statutory Rights

Nothing in these Terms excludes, limits or replaces a mandatory statutory right.

Depending on the circumstances, you may have rights where:

A disclaimer, Merchant policy or platform setting cannot remove a right that the law makes mandatory.

Information that the law treats as part of the Order Contract cannot be changed unless the change is lawfully agreed.

59. DarkByte's Liability

DarkByte is responsible for foreseeable loss or damage caused by:

Loss is foreseeable where:

Nothing in these Terms excludes or limits liability for:

60. Merchant Matters and DarkByte Responsibility

DarkByte is not responsible under the Platform Contract merely because a Merchant:

Those matters are normally the Merchant's responsibility.

DarkByte may nevertheless be responsible to the extent that DarkByte:

Nothing in this section requires you to determine the technical cause before making a complaint. DarkByte and the Merchant should investigate the relevant records.

61. Limits of Responsibility

DarkByte is not responsible for loss caused solely by:

DarkByte is not excused where:

These Terms do not contain a business-loss exclusion because they do not govern Merchant or other B2B use. Business liability must be addressed in the applicable Merchant Agreement.

62. General Contract Provisions

62.1 No waiver

If DarkByte does not enforce a provision immediately, it may still enforce it later.

This does not extend a statutory limitation period or remove a right that has already arisen.

62.2 Severability

If a court or competent authority finds part of these Terms unlawful or unenforceable, the remainder will continue to apply so far as legally possible.

62.3 Transfer by you

You may not transfer your Platform Contract to another person without DarkByte's agreement, except where applicable law permits it.

An Order Contract may be transferred only in accordance with the Merchant Terms and applicable law.

62.4 Transfer by DarkByte

DarkByte may transfer its Platform Contract rights and obligations as part of a lawful:

DarkByte will take reasonable steps to ensure that the transfer does not reduce mandatory consumer rights.

Where required, you will be notified.

62.5 Third-party rights

Except where the End User Licence Agreement gives an app-store provider an express enforcement right, a person who is not a party to the Platform Contract has no right to enforce these Terms.

A Merchant's rights and obligations arise under the Order Contract, Merchant Terms and Merchant Agreement rather than through this provision.

62.6 No partnership or agency

These Terms do not create a partnership, employment relationship or general agency between you and DarkByte.

DarkByte acts as a payment-collection agent for a Merchant only where the verified payment structure and checkout expressly state that role.

63. Governing Law

These Terms and the Platform Contract are governed by the law of England and Wales.

If you are a consumer living in Scotland, Northern Ireland or another country, you retain any mandatory protection provided by the law applicable to you that cannot lawfully be excluded.

The law governing the Order Contract may also be identified in the Merchant Terms, subject to mandatory consumer protections.

64. Courts and Jurisdiction

If you live in England or Wales, you may bring proceedings concerning these Terms in the courts of England and Wales.

If you live in Scotland, you may bring proceedings in the Scottish courts and may also have the right to bring them in the courts of England and Wales.

If you live in Northern Ireland, you may bring proceedings in the Northern Irish courts and may also have the right to bring them in the courts of England and Wales.

DarkByte will bring proceedings against a UK consumer only in a court permitted by applicable consumer-jurisdiction rules.

If you live outside the United Kingdom, nothing in these Terms limits a mandatory right to use a court available to you under applicable consumer law.

65. Contact Details

DarkByte platform support

Paul Hepple, a sole trader trading as DarkByte Creations 152 Lindhurst Road, Barnsley, S71 3DG Email: support@nibblekit.com Telephone: 07549 253991

Security incidents

support@nibblekit.com with the subject line Security report

Privacy rights and data-protection complaints

privacy@darkbyte.uk

Merchant order support

For a Product, order, delivery, collection, allergen, cancellation or refund issue, contact the Merchant identified:

These Terms should link to: