Condiții de utilizare
The Website and the Applications are operated by Mas Capital inc (“FoodEx” or "we" or "us"), a limited liability company duly incorporated and registered in Romania, having its registered office at 3A Little Denmark Complex, 147 Main Street, Road Town, Tortola, BVI.
FoodEx's activity consists of providing you electronic service that allows you to make an ordering foods in independent restaurants (“Partner Restaurants”). Food delivery is carried out by Partner Restaurants or by third parties providing delivery services (“Delivery Providers”). The FoodEx does not and will not assess the suitability, legality or ability of any Delivery Provider or Partner Restaurant. The FoodEx does not control and iswill not be responsible for the Partner Restaurants’ food preparation or safety and does not verify their compliance with applicable laws or regulations. The FoodEx has no responsibility or liability for acts by of any third-party Delivery Provider or Partner Restaurant, other than as stated herein.
USER REPRESENTATIONS, WARRANTIES AND COVENANTS
You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. The FoodEx is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software for your device. The FoodEx reserves the right to terminate your use of the Software and/or Services should you be using the Software or Services with an incompatible or unauthorized device.
By using the Services, you agree that:
You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes.
You will not use the Services to cause nuisance, annoyance or inconvenience.
You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Partner Restaurant, user or Delivery Provider, unless the FoodEx has given you permission to do so in writing.
You will not copy or distribute the Software or any content displayed through the Services without prior written permission from the FoodEx.
You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use.
The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
You are aware that when requesting Services by SMS text messages, standard messaging charges will apply.
You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.
You will only use the Services for your own use and will not resell either the Software or Services to a third party.
You will not use the Website or Software in any way that could damage, disable, overburden or impair any FoodEx server, or the networks connected to any FoodEx server.
You will not attempt to gain unauthorized access to any part of the Website and/or to any service, account, resource, computer system and/or network connected to any FoodEx server.
You will not deep-link to the Website or access the Website manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Website or any content on the Website, unless the FoodEx has given you permission to do so in writing.
You will not copy any content displayed through the Services, including but not limited to Partner Restaurants’ menu content and reviews, for republication in any format or media.
You will not conduct any systematic retrieval of data or other content from the Website, Software or Services.
You will not try to harm other Users or the FoodEx, the Website, Software or Services in any way whatsoever.
You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Website, Software or Services.
SCOPE OF SERVICES
Through our Services we aim to connect you to the Partner Restaurant, inform you to about the terms and conditions under which our Partner Restaurants supply to you any of their products (the “Products”) and allow you to order and (as the case may be) pay online for the Products from the Partner Restaurant.
Some of the Services are provided to any person that uses the Website and/or Applications (“User”). These include, but are not limited to, Services in relation to searching and acquiring access to information in the form of, but not limited to text, video materials, images, menus of our Partner Restaurants, delivery area, fees and working hours of our Partner Restaurants, available on the Website and/or in the Applications, as well as other Services, as may be provided from time to time by FoodEx.
Some of the Services provided may be used only by persons which have created a User Account, as defined in Section 3.1. below ("Registered Users"), on the Website and/or in the Applications. These include, but are not limited to, Services allowing them to place an order for Products of the Partner Restaurants, online payment related to such order through the online payment process offered via the Website or Applications (if available), as well as other Services provided to Registered Users on the Website and/or in the Applications.
CREATING A USER ACCOUNT
In order to fully utilize the Services, you shall create a user account by completing the electronic registration form, available via the “Sign Up” button at foodex.com (the “User Account”). You shall complete all fields marked as mandatory in the respective electronic registration form. Any fields (except e-mail address) may be modified by the Registered User after creating the User Account, at any time during registration or use of the Website and/or Applications. One User Account with password and username/email address will allow the Registered User to access both the Website and the Applications. In the case of refusal to present the required mandatory information during the User Account registration, FoodEx is entitled to decline the registration.
The registration of individuals with no exercise legal capacity or with limited exercise legal capacity (such as persons between 14 and 18 years old) as Registered Users on the Website and/or in the Applications is not allowed. The parents exercising rights of custody, the legal guardians or trustees of the respective underage person bear responsibility for all damages committed by the latter to FoodEx, our Partner Restaurants, and to any third persons, in the process of registration or usage of the Services, as well as for all damages ensuing from untrue data or any false or treacherous declaration.
When filling in the fields of the User Account registration form, the future Registered User is obliged to enter their full and true identification data, as well as all other information required. The Registered User warrants that the information presented at the moment of User Account registration are true, full, and exact. The Registered User is responsible to maintain accuracy and submit any changes in the User Account details. In cases where false data is registered with a User Account, FoodEx is entitled to terminate or to suspend immediately and without prior notification the provision of the Services, the use of the Website and/or Applications, and the User Account. In any case, the FoodEx will not be responsible for wrong delivery address, inability to deliver the Products by Partner Restaurants or Delivery Providers or inability to effect payment or return payment if wrong identification data are provided in the User Account.
Registration via Facebook Connect
You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account by minors. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify the FoodEx immediately. A User Account can be deactivated at any time upon your request.
ACCESS TO AND AVAILABILITY OF THE SERVICES
Through the Website and the Applications, FoodEx offers services related to ordering and delivery of Products from Partner Restaurants in Romania in accordance to the available delivery area. The delivery availability and the relevant delivery area of each Partner Restaurant are indicated on the Website or Applications. The location, address and delivery area of each restaurant is indicated using GPS coordinates, which are also used to match your indicated address of delivery with the Partner Restaurant's delivery areas. FoodEx bears no responsibility for the accuracy of the GPS coordinates.
Operating hours will vary depending on local trading conditions and the availability of our Partner Restaurants. You may click on the relevant link or button of the Website or Applications to view the menus, delivery area, and operating hours of our Partner Restaurants, and, after selecting your Products of choice, you will be provided with the option to submit your order to your chosen Partner Restaurant. For each order you may choose to either have it delivered to your address or pick it up directly from the Partner Restaurant.
Access to our Services is permitted on a temporary basis and we reserve the right to withdraw or amend access to our Website or Applications without any notice. We will not be liable if, for any reason, our Website or Applications are unavailable at any time or for any period. From time to time, we may restrict access to our Website or Applications, entirely or in part, both to Users and to Registered Users.
After placing an order through the Website or Applications, an email confirming that your order has been received and accepted by the Partner Restaurant (the “Confirmation Email”) will be sent to you by us on behalf of the Partner Restaurant. The contract for the supply of any Products you order through the Website or Applications will be between you and the Partner Restaurant and will only be formed when you have been sent the Confirmation Email. Please ensure that you have given us a correct email address, as this is how we will communicate with you about your order, and that you check your spam folder if you do not receive a Confirmation Email. Also, please make sure to provide an accurate address and telephone number to ensure that the ordered Products arrive to the correct location. If you do not open the door or cannot be reached by phone upon arrival of delivery personnel to your address, delivery personnel reserves the right to leave the premises, and FoodEx reserves the right to recover from you any damages FoodEx may have incurred.
All Products offered through the Website and Applications are subject to availability. Please be aware that the Partner Restaurant will do everything they can to meet the delivery time specified when placing an order; however, delivery times may be affected by factors beyond their control and therefore cannot be guaranteed. FoodEx or the Partner Restaurant will inform you if we become aware of an unexpected delay.
ORDERS INCLUDING ALCOHOLIC BEVERAGES
You may have the option to order alcoholic beverages from certain Partner Restaurants. Persons placing an order for alcohol from our Partner Restaurants must be aged 18 or over. Alcoholic beverages can only be sold and delivered to persons aged 18 or over. Please, be informed that age limits depend on the country where you place your order. By placing an order that includes alcohol, you confirm that you are at least 18 years old. FoodEx reserves the right to refuse to deliver any alcohol to any person who does not appear, or cannot prove they are, aged 18 or over. FoodEx, Partner Restaurants, and Delivery Providers also reserve the right to refuse to deliver any alcohol to any person who is, or appears to be, under the influence of either alcohol or drugs.
FoodEx or our Partner Restaurants may offer credits towards future purchases, discounts on orders, and free products (generally “Incentives”) on the orders that you place through the Services. Each Incentive may have an expiration date and specific rules that determine whether the Incentive may be redeemed on an order (the “Incentive Rules”). Although every attempt will be made to honor the expiration date and the Incentive Rules, FoodEx and our Partner Restaurants reserve the right to deny a redeemed Incentive for any reason before its stated expiration date. If an expiration date is not identified with a given Incentive, FoodEx or our Partner Restaurants may terminate the offer at their discretion.
Before placing your order, the details of a qualifying Incentive will be displayed on the checkout page for your review. After placing your order, the Partner Restaurant indicates its acceptance of the Incentive by sending the order confirmation email that identifies whether the Incentive was accepted.
You understand that your order may be processed immediately after you placed the order and that your right to cancel or amend the order is therefore limited. In the event that you wish to cancel or amend an order you should contact FoodEx or the Partner Restaurant immediately at the contact information provided on the Order History section of your User Account. Our ability to grant your requests will depend on the Partner Restaurant's approval. Additionally, any refunds to the delivery fee may depend on the Delivery Provider's approval.
While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information. An order may be subsequently cancelled by a Partner Restaurant after you have received an email stating the order has been accepted. FoodEx and our Partner Restaurants reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by FoodEx or a Partner Restaurant will usually be reimbursed using the same method you used to pay for your order.
You have no right to withdraw your order placed through the Website or Applications, if and when it concerns the delivery of goodsProducts, which: (a) are liable to deteriorate or expire rapidly, or (b) are made to the consumer's specifications or clearly personalized. FoodEx, at its sole discretion, will determine when an order complies with any of the two criteria mentioned above.
PRICE, PAYMENT AND REFUND POLICY
The price of any Products will be listed on our Website and Applications. Prices include VAT. Prices may change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You have the right to cancel your order once we notify you of any change to the prices.
Payment for all Products can be made:
in cash or by credit or debit card through the payment terminal to the person delivering the order, at the delivery of the Products;
by credit or debit card through the payment terminal, at the delivery of the Products;
in cash or by credit or debit card to the Partner Restaurant, when picking up the Products from the Partner Restaurant location; or
by credit or debit card through our Website or Applications.
Charges paid by you for completed and delivered orders are final and non-refundable. The FoodEx has no obligation to provide refunds or credits, but may grant them, in each case in FoodEx’s sole discretion. If your order is not received or if there are missing items, you must contact the Partner Restaurant or FoodEx within 2 hours of the confirmed delivery time.
LIMITATION OF LIABILITY
To the extent permitted by law, FoodEx provides its Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Services, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither FoodEx nor any Partner Restaurant shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Services. In the event that FoodEx or the Partner Restaurant is found to be liable to you our total aggregate liability is limited to the purchase price of the Products you have paid for in your order.
The FoodEx shall not be liable for any third-party content and information, including but not limited to ads, banners or other type of promotional materials, placed on the Website and/or Applications.
INTELLECTUAL PROPERTY RIGHTS
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by FoodEx of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
User Content. The FoodEx may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You hereby grant the FoodEx a perpetual, irrevocable, transferable, free of chargefully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with the FoodEx’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant the FoodEx a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you.
Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to the FoodEx through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that the FoodEx has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to FoodEx a perpetual, irrevocable, transferable, fully paidfree of charge, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.
USER ACCOUNT DE-REGISTRATION, SUSPENSION OR TERMINATION
Each Registered User is entitled to de-register his/her User Account by contacting FoodEx at firstname.lastname@example.org. Any deactivation request will be dealt with by FoodEx in 30 days of such a request.
In case of de-activation of User Account, FoodEx shall be entitled to immediately terminate access of the respective person to the Services, Website and Applications. In such a case, FoodEx shall not be liable for damages and loss of profit incurred by the Registered User or third persons arising as a result of the termination of access to a User Account.
PERSONAL DATA AND COLLECTION OF INFORMATION
LAW AND JURISDICTION