Terms & Conditions

1. General Description

1.1 Introduction

These User Terms and Conditions (this "Agreement"), is a legal agreement between you and Sustainable Food Movement in Greece (SFMinGR), a Greek social enterprise whose product is “foodity”, which guides your use of and access to the Website (as defined below). If you don’t want to be bound by this Agreement, please do not access or use the Website. “SFMinGR” may terminate without notice, your access to the Website (www.foodity.eu) for failure to comply with this Agreement. By creating an account on the Website, you accept this Agreement and agree to be bound by each of its terms. You also represent and warrant to “SFMinGR” or “foodity” that:

1. You are at least eighteen years of age and have the authority to enter into this Agreement

2. This Agreement is binding and enforceable against you

3. To the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity

4. You have read and understand “foodity” Privacy Policy, the terms of which are posted at the Website and incorporated herein by reference (the "Privacy Policy")

1.2 What “SFMinGR” offers:

The “foodity” service is a sales channel via which merchants offer take away food items/or meals to registered users. In these terms of “foodity” service, the term “merchants” refers to restaurants and/or hotel restaurants. The aim of this service is to give users the opportunity to purchase and pick-up food from restaurants and hotel providers that would otherwise go to waste. The “foodity” service allows users to eat affordably and become acquainted with nearby merchants.

2. Purpose

The purpose of this Agreement is to explain the terms and conditions under which “SFMinGR” will let you use the website through your mobile device, portable pc, tablet and/or desktop (collectively, the "Purpose").

3. The “foodity” Service

3.1 Registration

To use the ordering service and the features made available through the Website, you are required to complete a registration process to create an account with “foodity” (“Account”). When you create your account you are given access to use “foodity” software platform made available through “foodity” website located at www.foodity.eu (the "Website") during the Term (as defined below) solely for the Purpose. Creating your Account offers you easy access to find and search for food meals available near you, your current order, your previous orders, and edit your personal preferences. In order to create your Account, it is necessary to provide personal information, which includes but is not limited to, your name, contact information and payment information.

How “SFMinGR” may store and use of the personal information provided by you when registering for an Account and/or using the Website is set out in the Privacy Policy.

3.2 Supply of food items

“SFMinGR” works with local merchants to offer you the opportunity to purchase and pick up food that would otherwise go to waste. The supply of food items/meals is depending on each merchant’s daily business, and as such it is not guaranteed that food is available at all times you use the Website.

3.3 Information about the food items/meals

Through “foodity” (the Website) you are presented with a brief description of the food meals so that you as a customer will get as good information about ingredients, allergens, price discount etc. The “foodity” service is not the provider or the producer of the food items/meals listed in the service, nor is “Sustainable Food Movement in Greece” responsible for the information given about each food item/meal. The provider of the food items/meals is responsible for all the information regarding the food item. Would you have any questions regarding given information about a food item/meal, “foodity” directs you to the merchant.

3.4 Order and order confirmation

As a logged in “foodity” user, you can place an order for a food item/meal through the Website. After placing the order you will get an order confirmation via the user interface of the Website.

3.5 Payment of the order

You pay for ordered food items/meals through the Website. If an order hasn’t been paid for through the Website, it will not be considered a completed order. Furthermore, as all food items/meals are sold on a first come first serve basis, “SFMinGR” cannot guarantee that you will get the food item/meal you have started, but not finished, ordering. “SFMinGR” and “foodity” may use a payment service provided by a third-party to handle the payment and will automatically charge your chosen account at the time of your order. You have no right to cancel or change a placed order when using the Website unless stated otherwise by the merchant. The restriction of the right of cancel a made order is based on the nature of food which may spoil or age rapidly.

3.6 Pickup of order, redemption and delivery

Upon arrival, you show the merchant the order confirmation in the Website to receive your order. The merchant has also the ability to confirm your order in the merchant application by identifying you by name and voucher code. When using the Website you shall always pick up the food item/meal(s) ordered from the applicable merchant's premises in a timely manner during the time frame provided by the merchant (referred as “time slots”). If you do not collect your order during the given time frame, the merchant has the right to do as they see fit with the ordered food item/meal. You are not entitled to receive a refund for ordered food items/meals that have not been collected on time.

3.7 Fees

“SFMinGR” does not currently charge its users to access and use the Website “foodity”, however Sustainable Food Movement in Greece may, at any point and in its discretion, elect to begin charging fees for use of various portions of the Website and/or for different levels of subscription or accounts.

3.8 Reclamations and service disruptions

The “foodity” service is a sales channel via which merchants' food items/meals are traded. The “foodity” service is not the provider or the producer of the food items/meals listed in the service. “SFMinGR” is not responsible for the quality of the food items/meals ordered through the service or errors that may occur during the pickup of an order. The merchant is responsible for all the user reclamations concerning the food item/meals and “SFMinGR” directs the reclamations to the merchant. The cooperating merchants are committed to preparing the food items/meals offered through the service in compliance with the legislation concerning the handling, storing and transportation of food and in accordance with the established principles and practices of the industry. If you detect a technical error or other error in the “foodity” service, you can report the problem through the Website.

3.9 Customer support

“foodity” offers support via the support center that you reach through the chat found on the Website. Please refer to the Website for up to date information on the support center’s opening hours.

3.10 Advertisements

“foodity” does not currently provide any advertisements on the Website, however Sustainable Food Movement in Greece may decide to deliver advertisements in the future.

4. Conditions of Use

4.1 Certain responsibilities

It is your responsibility to make sure that all information provided by you to “foodity” is current, accurate, and complete and that you will maintain the accuracy and completeness of this information going forward. It is also your responsibility to protect your Account information as it should be kept strictly confidential.

4.2 Certain restrictions

“SFMinGR” does its best to keep the Website safe and secure but needs your help to do it by not violating or attempting to violate the security of the Website. Except as expressly permitted under other parts of this Agreement, you may not modify, reproduce, duplicate, copy, publish or create derivative works of:

• any portion of the Website, any content, photographs, descriptions, software, image or other information or any data taken there from (collectively, "Content");

• any information or materials retrieved from either of them, which includes graphics and logos, presentations, in whole or in part.

Furthermore, you may not use the Website for any purpose that:

• invades any person's or entity's privacy or other rights;

• misidentifies you or impersonates any person or entity, including, without limitation, any employee or representative of “foodity”;

• Or could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive.

4.3 “SFMinGR” rights

“SFMinGR” has the right to at any time suspend a user or terminate the user’s account and access to the Website if the user violates this Agreement or uses the Website in a way that is harmful to “foodity” or any third party.

5. Content

5.1 Third party content

The Website contain and/or provide access to content provided by merchants and other third parties, including, food item/meal information, pricing, discount information, menus, photographs, graphics and merchant information ("Third Party Content").

5.2 Information accuracy

The third party that any Third Party Content originates from is solely responsible for it, and “SFMinGR” does not and cannot review all Third Party Content made available through any part of the Website. As such, “SFMinGR” cannot guarantee the correctness of any Third Party Content or fitness for use of any offers posted on via the Website. In no event shall “foodity” be liable for any damages arising out of your use of the Website, or for any loss or damage of any kind incurred as a result of any Third Party Content or offers. “SFMinGR” cannot guarantee that the Website, including the Content, will be uninterrupted or error free. Sustainable Food Movement in Greece cannot be held responsible for if the Website is down or if any Content, information or functionality does not work as expected.

5.3 Intellectual property

For purpose of clarity between you and “foodity”, you are the sole owner of all information and content entered into the Website or otherwise posted by you. Sustainable Food Movement in Greece is the sole owner of the name "foodity" as well as the Website and all source code, software, content and other intellectual property related to it or included in it. All suggestions and recommendations from you to “foodity” regarding the Website are, upon submission to “foodity”, owned by Sustainable Food Movement in Greece.

5.4 Copyright infringement

“SFMinGR” respects the intellectual property of others, and asks you to do the same. You may not use the Website, the Content or any other materials from the Website in any manner that may infringe upon any copyright or other intellectual property right of “foodity” or any third party.

6. Term and Termination of Account

6.1 Term

This Agreement shall continue in full force until either:

(i) you terminate your Account, or

(ii) “SFMinGR” and/or “foodity” terminates your access to the Website, with or without notice (the "Term").

When this Agreement is terminated, you no longer have access to the Website.

6.2 Termination of Account

For purposes of clarity, you are entitled to terminate your “foodity” account at any time. Choose “Delete account” or any corresponding function in the Website, or contact “foodity”. “SFMinGR” will then delete or anonymise any personal information that can be attributed to you, except for certain information that Sustainable Food Movement in Greece by law may have to save and archive.

7. Other

7.1 Force Majeure

“foodity” shall not be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.

7.2 Changes or updates of the agreement

Sustainable Food Movement in Greece may change or update this Agreement from time to time, and any such change or update will be set in effect when posting the updated Agreement on the Website. When we make major changes to the Agreement, we will provide you with prior notice as appropriate under the circumstances, e.g. by displaying a notice within the Website or by sending you an email. If you do not agree to the changed Agreement, you have the right to terminate your Account before the changed Agreement come into force. 7.3 Termination of service

Sustainable Food Movement in Greece reserves the right to modify, suspend, or discontinue the “foodity” Website without any notice at any time and without any liability to you.

7.4 Miscellaneous

All disputes arising hereunder or in connection with this Agreement and the Website shall be resolved by the laws of Greece and the District Court of Athens, Greece. “SFMinGR” has the right to transfer its rights and obligations under this Agreement. Furthermore, Sustainable Food Movement in Greece has the right to hire subcontractors for the fulfillment of its obligations. If any part of this Agreement is held to be unenforceable or invalid for any reason, said part will be changed and interpreted to best accomplish its original intent and objectives. Any remaining parts will continue in full force.

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