Please read these Terms and Conditions carefully.
The Terms and Conditions (“Terms and Conditions”) outlined below, contains the terms that govern your access, use, rights and obligations in relation to listing your products as a Restaurant and/or purchasing services as a Client on www.hungryfy.com (the “Website, Apps”) operated by Hungryfy, a company based in Spain (“Hungryfy,” “we,” “us,” or “our”).
These Terms and Conditions are the “Agreement” between Hungryfy, and you or the entity you represent (“you”, “Restaurant”, “Client”).
You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.
By accessing the Website and Apps, listing and/or viewing service listings, you agree to be bound by the terms and conditions of this Agreement.
a) Hungryfy acts as a marketplace (“Marketplace”) to allow “Restaurants” who comply with Hungryfy’s policies to set up a shop, list and advertise their food products (“Products”) to “Clients” visiting the Website and it Apps.
b) Hungryfy is not directly involved in the interaction nor is it involved in the transaction between Restaurants and Clients. As a result, Hungryfy has no control over the quality, safety or legality of any aspect of the Products listed on the Website and Apps, the truth or accuracy of such listings, and the ability of the Restaurants to make available the Products. Hungryfy cannot guarantee that a Restaurant will actually complete any initiated transaction.
c) You agree that Hungryfy is a Marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted on the Website and it Apps.
a) Anyone can access Hungryfy. However, in order to list or order Products, one will need to register by signing up and creating a user account. For that purpose, you must be at least 18 years of age.
b) To create an account, please go to the Sign-Up page. During the registration process, you will be asked to confirm your acceptance of this Agreement.
c) You must make sure that all the information you provide when you register with Hungryfy is true, accurate and current and complete. If you change any of your registration details (e.g. email address, postal address), you must update your account.
d) Your account is for your personal use only. To help us maintain the security of Hungryfy, you must keep your login details confidential. Please do not share your login details with any other person or leave your device unattended whilst logged into Hungryfy as you will be held responsible for all activities that occur under your password or account (with or without your knowledge) as a result of doing so.
e) If you become aware of any misuse or unauthorized use of your login details, then you must inform us immediately by sending an email to us [email protected]
3.1 Listing Products
a) Once you have registered for a user account as a Restaurant, you can list your Products on the Website, using the functionality we provide. All listed Products shall be made available through a publically accessible webpage on the Website and it Apps.
b) Please note that we may at our absolute discretion refuse any type of Product listing, and we shall not be obliged to state our reasons for such refusal.
3.2 Restaurant Policies
a) Restaurants are urged to outline their policies in their listing page. These policies may include, for example selling policies, complaints etc. Restaurants must create reasonable policies in good faith and must abide by such policies.
b) Hungryfy reserves the right to request that a seller modify a shop policy.
3.3 Binding Sale
a) All Products sales on the website are binding.
b) The seller is obligated to package and ready the Product for pickup or otherwise complete the transaction with the Client in a prompt manner, unless there is an exceptional and unavoidable circumstance.
3.4 Fee Avoidance
a) The price stated in each Product listing description must be an accurate representation of the sale.
b) Restaurants may not alter a Product’s price after a sale for the purpose of avoiding Hungryfy’s transaction fees, misrepresent the item's location, or use another Restaurant's account without permission.
4.1 Hungryfy Fees
a) Joining listing Products on Hungryfy is free or you will be presented with monthly subscription option which you are free to choose which one will be best for you.
b) Hungryfy does not charge fees for listing Products. Hungryfy will take a 10% fee (“Service Charge”) of the sale price, when the food is ordered VAT not included. Business owner also have the option to subscribe for a monthly service fee in a form of token. Owner will pay for set amount of subscription which will allow owner to accept limited number of food orders or table bookings on a monthly basis.
c) Hungryfy shall recruit couriers and facilitate delivery of all Products to the Client’s address specified in the order with additional fees.
4.2 Fees Deduction and Payment Remittance
a) All payments for the Fees specified in Euros (€).
b) Hungryfy shall collect 100% of fees from all Products sold on the Website and it Apps, and thereafter deduct the Fees specified in Section 4.1, and remit the remainder to the Restaurants within a period of every 24hrs - 2 weeks. If you choose a monthly options all order payment will go directly to your bank account.
c) All transactions on the Website are processed using third party payment processors which are secure online payment gateways that encrypt your payment details in a secure host environment.
a) Once you have registered as a Client, you can view current promotions, Restaurant’s Products etc. and place Orders on the Website or Apps.
b) Once you place an order for any Product(s), one of our couriers shall deliver the Product(s) to you within the delivery times stated in the order or restaurant shall use its own delivery.
c) As a Client, you agree to:
Observe the Terms and Conditions of this Agreement at all times.
Follow any Restaurant policies, rules and regulations with respect to purchasing any Products.
a) You may terminate your listing by contacting us, and we may terminate your user account at any time without notice to you by removing your listing from our Website and Apps.
b) Restaurants may terminate this Agreement at any time by contacting us and providing us with clear notice of intention to terminate this Agreement. Such termination shall be effective from the date on which we remove the listed Products from the Website and Apps.
c) Clients may terminate their user accounts by contacting us.
a) If you provide notice to terminate your Products listing, you shall continue to have a user account and on our Website and Apps (unless you notify us of your wish to be removed from the Website and Apps in accordance with Section 5 above), and this Agreement shall continue to apply to your user account.
b) We may terminate your user account, listed Products and this Agreement without notice in the following circumstances:
You have breached these the terms of this Agreement in any way;
You are in our opinion transmitting or otherwise connected with any ‘spam’ or any other form of unsolicited bulk email or communication;
Your user account or listed Products may in our reasonable opinion adversely affect our goodwill or reputation; or
You or us cease to carry on business, are declared bankrupt or enter into an insolvency or administration procedure.
a) Upon termination of this Agreement, your right to use the registered user sections of our Website and Apps shall immediately cease. We have no obligation to maintain any of your posted content or any content within your Products listings.
b) Termination of this Agreement shall not affect any rights or liabilities that have accrued to us prior to such termination.
a) We may in our absolute discretion accept Listing Content including all text, information, images, audio or video material in whatever medium or form we choose to accept (collectively, “Content”) from you for publication on our Website and Apps.
b) If we accept Content from you for publication on our Website and Apps, you grant to us a non-exclusive license to distribute the Content on the Website and such other media as we shall decide, in return for crediting you for the Content.
c) The license granted under this condition permits us to:
Modify, electronically reproduce and distribute, and publicly display the Content on the Website (including packaging the Content with other Content from third parties); and
Reproduce and distribute through any media now known, or hereafter developed, excerpts of the Content in advertisements for, and in marketing and promotional materials related to, the Website.
d) If you submit Content to our Website, you shall be responsible for the accuracy and completeness of the Content. We have no obligation to you, and undertake no responsibility, to review the Content to determine whether any such Content may result in any liability to any third party.
e) If we believe that any Content may create any liability for us or adversely affect the Website’s reputation or standing, we may remove the Content or such part of the Content as we believe, in our sole discretion, is prudent or necessary to minimize or eliminate our potential liability.
f) We do not undertake to distribute or display the Content on the Website or otherwise make use of it, nor do we undertake that the Website will be operational at all times.
g) From time to time we help restaurant owners to submit their restaurant. If one of our agents/representative should create or submit a listing on your restaurant behalf, it is your responsibility to review it before making it published as we will not be responsible for such error or hold us no liability.
a) We are the owner or the licensee of all intellectual property rights in our Website and Apps, and in all of the material published on it (except for the Content described in Section 11 above). The Website and such materials are protected by copyright laws and treaties around the world and we reserve all such rights.
b) You grant us a perpetual, worldwide, royalty free license to use all or any of your intellectual property rights in any materials, advertisements or content submitted or shown on our Website and Apps.
c) You shall, at all times during and after the term of this agreement, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us arising from any claim of infringement or alleged infringement (including the defense of such infringement or alleged infringement) of a third party’s intellectual property rights arising out of your use of our Website (including any advertising on our Website or Content you submit to our Website and Apps).
d) You agree and acknowledge that we retain full editorial control over all advertisements and listings submitted by you to our Website and that we will own all intellectual property rights in relation to such advertisements and listings (other than in relation to your branding and other intellectual property rights that are owned by you prior to you submitting such advertisements and listings).
e) We reserve the right to change the format, style and layout of our Website, Apps and any advertisement, listing or Content submitted by you as we see fit. You must not reproduce in any format (including on another website) any part of our Website (including content, designs, look and feel) without our prior written consent.
a) You warrant that where you are an individual you are at least 18 years of age and where you are a company or other similar entity, that you are a bona fide legal entity duly formed in accordance with all applicable law and regulations and have full capacity and authority to enter into this Agreement.
b) You warrant that all information that you have provided us with or have submitted to our Website is true and accurate and not misleading in any way.
c) You warrant that in using our Website you will comply at all times with all applicable law and regulations and advertising codes of conduct.
d) You warrant that any website owned or controlled by you that is listed on our Website is free from illegal, defamatory or tortious content.
a) Other than liability for us causing death or personal injury to any person or for any fraudulent misrepresentation made by us, we exclude all liability for any loss or damage suffered by you resulting from your use of our Website (including all consequential loss or damage howsoever caused and whether this was in the reasonable contemplation of us or not).
b) In the event that we are found liable to you for any loss or damage, this liability shall be limited to the amount deducted as fees from listed Products.
c) You specifically agree and acknowledge that we are not liable to you for any loss or damage, for offence caused or for any threatening, defamatory, obscene, offensive or illegal content uploaded to our Website by a third party or for the infringement of any of your rights (including intellectual property rights) arising from the conduct of a third party.
d) We have not verified or performed any checks on registered users or other users of the Website who may contact you and we therefore disclaim all liability in relation to the actions of registered users, other users and any other third parties in relation to our Website. You should of course take all necessary precautions regarding your safety when corresponding with or meeting with registered users, other users or other third parties.
You hereby agree to, at all times during and after the term of this Agreement, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us arising from your breach of any of these terms and conditions.
14.1 Third Party Links
a) You acknowledge that Hungryfy may include links to third-party Websites. We do not review these third-party Websites nor have any control over them, and we are not responsible for the Websites or their content or availability.
b) We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them. If you decide to access any of these third-party Websites, you do so entirely at your own risk.
14.2 Events Outside our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control, including (but not restricted to) fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute, or acts of local or central Government or other competent authorities.
14.3 Discrimination and Limitation of Liability
a) The Website and the Marketplace is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
b) To the extent permitted by law, Hungryfy will not be liable for any indirect or consequential loss or whatever damage (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website
c) Hungryfy makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else, which may be harmful or destructive.
14.4 Copyright complaints
a) We respect the intellectual property rights of others, and we prohibit users of Hungryfy from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.
b) It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us [email protected]
c) Additionally, it is our policy to terminate usage rights and any applicable accounts of Restaurants we determine to be repeat infringers of others’ copyrights.
a) We want to give you great customer service but sometimes things do go wrong. We can usually resolve most issues quickly, so please email us to tell us how we can help.
b) If you have any general complaints or wish to request further information about Hungryfy, please contact us and we will do our best to resolve these.
c) Any complaint made will be acknowledged within 48 hours. We deal with all promptly and fairly, seriously and will investigate the matter fully. If the complaint concerns an individual, the complaint will not be investigated by the person who the complaint relates to, and provide you with feedback as soon as reasonably possible.
Hungryfy shall not be liable to you for any breach of its obligations or termination under this Agreement arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes or government regulations.
a) You agree that the laws and regulations of Spain govern this Agreement, its subject matter, and any claim or dispute that you may have against us.
b) You further agree that any disputes or claims that you may have against us will be resolved amicably and in good faith between you and Hungryfy, prior to resorting to Arbitration within Spain in accordance with its then in-effect arbitration rules and procedures.
a) We may modify or change any part of this Agreement at any time, without prior notice. You can review the most current version of this Agreement by clicking on the “Terms and Conditions” hyperlink contained on the Website. You are responsible for checking his Agreement periodically for any changes.
b) If you continue to access the Website after we make any changes to this Agreement, you are signifying your acceptance of the new terms.
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision of this Agreement, and such invalid provision shall be deemed to be severed from this Agreement.
This Agreement, together with other applicable policies available on the Website, constitutes the entire and exclusive understanding and agreement between you and us regarding its subject matter and supersedes any and all previous understandings and agreements, whether written or oral, regarding such subject matter.
If you have any questions about the terms and conditions contained in this Agreement, please feel free to Contact Us.