Terms and Conditions
- The terms “Us”, “We”, “Service”, “AppFood” or “our” refers to Private entrepreneur Yuriy Khromiak – entrepreneur from 13.12.2018 number 2 415 000 0000 096108, place of activity – Svobody Avenue 1/3, Lviv 79000 Ukraine.
- The terms “user”, “you” refers to individual who has reached the age consent under the law of the country of individual’s residence and is over 18 years old (anyway, the User must have the full legal capacity), which are authorized for using AppFood.
- Content – all text, information, graphics, audio, video and/or other data that is used or/and offered in AppFood;
- Application – software designed for use AppFood services.
- AppFood offers an automated fast food services specified in these terms. By using this Service, the User can order food and enjoy it at our restaurant located at Ukraine, Lviv, Svobody Avenue ⅓ ,or take it away.
- AppFood is provided on “as is” basis, makes no representation or additional warranties to the services provided, except warranties, which are required by Ukrainian legislation.
- The use of the application may depend on the installation of appropriate software required by the provider of the operating system under which the yours mobile device operates or its update.
- It may also be necessary to install updates or patches to the applications provided by AppFood for the proper functioning of the applications.
- You acknowledge that in some places, due to poor quality or lack of Internet connection, the application may not function properly or may not be available
Registration and account
- In order to register the Users have to provide true and valid information about themselves. User cannot use the name of another person, the name that is offensive, caddish, or infringes someone’s intellectual property rights, or otherwise violates these Terms.
- Only users are responsible for any activity on their account. Login and password are confidential information of Users. If third party will get information about Users’ account, only Users are responsible for all possible consequences.
- It’ll be User’s responsibility to notify us immediately any unauthorized access of use of User’s account or password or any other breach of security. If you ever find out or suspect that someone access your account without authorization, you are advised to inform us immediately. We shall not be held liable for any loss and/or damage arising from any failure to comply with this term of use.
- Prices are quoted at all times on our menus in application and may be changed from time to time, although changes will not affect orders already placed (unless due to a technical error).
- You may only place orders if you are at least 18 years old. By ordering, you warrant that you are at least 18 years old and you are legally capable of entering into binding contracts.
- When you place an order via the application, You will be presented with confirmation on your screen that your order has been received and accepted by us. Our duty to fulfill your order arises only when you have been presented with this confirmation.
- In accordance with current Ukrainian law food of good quality may not be returned. Returning of substandard dishes carried in accordance with current legislation. In the case of confiring fact of providing substandard dishes we are obliged to return user’s payment withing 10 banking day after day of receive user’s appeal.
- Users’ payments made for Service purposes are performed via Portmone payment service (https://www.portmone.com.ua/) or LiqPay payment service (https://www.liqpay.ua/en).
- All products are subject to availability. In most cases, we will offer an alternative for any out-of-stock item.
- Great care is taken in the preparation of all our products, however, we cannot guarantee that all bones from meat products have been removed and some may remain.
- Some products may have been previously frozen.
- The images of our products contained on our menus and Sites are for illustrative purposes only. Although we try our hardest to be consistent, at times, the size of the bases can vary and products you order may vary slightly from those images.
- The weight of our products may have a deviation of menu description within the acceptable range.
Delivery of services
- We strive to maintain our excellent reputation for on-time delivery of our services in accordance with Service description. However, unfortunately, things do not always go to plan and factors outside of our control may occasionally prevent us from achieving this.
- We will do our best to fulfil your order by the dynamic delivery and collection times displayed to You. However, these timings are estimates only and we cannot guarantee the accuracy of the dynamic delivery and collection timer.
Intellectual Property Rights
- You are granted a limited license only for the purpose of viewing the AppFood structure materials.
- All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Service, is our property or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Users agree to observe and be abided by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
- You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service. Your use of the Service does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of us and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the our intellectual property or our licensors except as expressly authorized by these Terms.
- Copying, reproducing or making available to the public in other way all Content or any part of the Content is strictly prohibited. Nobody can copy, collect, store, use and/or transmit the information (texts, photos, videos, etc) from the this Service. None else, except us and definite User, may use the information, given by that definite User in their accounts.
Restrictions and obligations
You are specifically restricted from all of the following:
- publishing any Service’s material in any other media;
- selling, sublicensing and/or otherwise commercializing any Service material;
- using this Service in any way that is or may be damaging to this Service or third parties;
- using this Service contrary to applicable laws and regulations, or in any way may cause harm to the Service, or to any person or entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Service;
- using this Service to engage in any advertising or marketing without our consent;
Certain areas of this Service can be restricted from being access by you and may further restrict access by you to any areas of this Service, at any time, in absolute discretion. You warrant that you will abide by, without limitation, all applicable local, national and international laws and regulations with respect to your use of the Service and not interfere with the use and enjoyment of the Service by other users or with the operation and management of the Service.
In the case of breaking these obligations User is fully responsible for all possible risks and consequences, which may include civil, criminal or other persecution.
Limitation of liability
- Unless stated in these Terms, we are not liable to User or anyone else for any loss of use, data, goodwill, incomes or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility of the loss or damages). That includes losses and damages which are the result of loss of use, data, or profits, whether or not foreseeable; based on any theory of liability, including breach of contract or warranty, negligence or other similar actions; or arising from any other claim arising out of or in connection with your use of or access to the Service.
- Our Service and Content may include the link or links or other information that can be used to achieve third party’s website (websites), or service (services), includes payment service(s). In a case of User’s usage of these websites, services or other resources, User confirms own agree that we have no responsibility for any results of that usage. User must understand that it is their own risk and liability. Third party may use its own terms and conditions Customers need to accept for using the services. In the case of any payment issues please, contact your bank and/or payment provider.
- Usage of Service may cause loss of data and/or restrict data availability and/or cause other negative impact to the User, we will have no liability whatsoever to one another for any indirect, special, incidental or consequential damages, including but not limited to loss of data or records, lost profits or other economic loss, arising out of or in connection, and we will have NO liability whatsoever to any third party for any direct, indirect, special, incidental or consequential damages, including but not limited to loss of data or records, lost profits or other economic loss, arising out of or in connection with the use of the Service.
- We guarantee that all kinds of food delivered through our services are of high-quality. By using our services users care their own responsibility for their possible food intolerance, allergies, health disorder and about their food compatibility.
- These Terms shall be governed, construed, and enforced in accordance with the laws of Ukraine, without regard to its conflict of laws rules.
- Customers consent to the jurisdiction of the courts of Ukraine. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable advocate’s fees.
- You agree to indemnify, defend and hold harmless to our Service and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
- These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
- We always update our application in order to provide you with the best services. Therefore, you sometimes need to reinstall it for proper usage. In case you don’t reinstall the application when needed, we are not obliged to fulfill our duties under these Terms.
If Users need more information about these Terms or have any proposal to improve them, you are welcome to contact us through support at firstname.lastname@example.org