1.1.- Introduction and purpose:
The purpose of these terms and conditions is to establish and regulate general access to the website www.to-takeaway.com and its related mobile application, as well as to the different content and services provided by TO-TAKEAWAY or by third parties from and/or through it (hereinafter, the “Services”). Access and use of the Services necessarily imply the total and unreserved acceptance of every one of the provisions included in the general terms and conditions of access and use thereof. The website and mobile application are the property of (company name) (hereinafter “TO-TAKEAWAY”), a legally constituted company, with address (indicate address), registered on (insert registration date).
The user is responsible for making all necessary arrangements to access TO-TAKEAWAY. The mobile application does not guarantee that its content is compatible with all mobile terminal devices. Likewise, it is responsible for ensuring that all persons who access the website and / or mobile application through their Internet connection are aware of these terms and conditions; and that they are fulfilled.
The User is informed and accepts that these terms and conditions may experience variations in the future at TO-TAKEAWAY’s discretion and without any obligation of a prior notice on their part. Consequently, it will be the responsibility of the User to verify the terms and conditions in force on each of the occasions in which she accesses or uses the Services.
1.2.- Description of the App and / or website and user registration
TO-TAKEAWAY provides users with an efficient and easy-to-use platform, through which they can find places where they can purchase surplus food at better prices in Restaurants, bakeries, supermarkets, hotels, private individuals, and other types of stores that are in the area, using our website and related mobile application.
To use the Portal and the mobile application, Users must create a user account (the “Account”) where they will be asked for certain information such as name, date of birth, address, telephone, email, identity document, tax identification, and data to process online payments (the “Data”). Users guarantee and are responsible, in any case, for the veracity, accuracy, validity, authenticity, and updating of their Data. In no case is TO-TAKEAWAY responsible for the accuracy of User Data.
To access their personal Account, the User must enter their email and a password which they must always keep confidential. If the User forgets their password, they can reset it by clicking on “I forgot my password”.
The Account is unique and non-transferable. It is prohibited for a User to register or have more than one Account. If the breach is detected as previously foreseen, TO-TAKEAWAY reserves the right to cancel, suspend or disable the accounts, without prejudice to other legal measures it may take.
TO-TAKEAWAY cannot guarantee the identity of the Users. The User is responsible for all the transactions carried out in her Account, having to notify TO-TAKEAWAY immediately, in a reliable way, any unauthorized use of it, as well as any theft, disclosure, or loss of her access data to the Portal. TO-TAKEAWAY watches over the protection of Users’ data. However, it will not be responsible for the fraudulent use that third parties may make of the User Account, including improper uses of their data associated with online payments.
TO-TAKEAWAY reserves the right to reject any application for registration or to cancel a previously accepted registration, without being obliged to communicate or state the reasons for its decision and without this generating any right to compensation or compensation.
TO-TAKEAWAY acts as an intermediary between the Offering User / Seller and Customer / Buyer User, opening up companies destined for the commercialization of food, to join the platform and display it for future sales to interested customers.
The user can access two registration alternatives:
1.3.- Disclaimer – Exclusion of guarantees
TO-TAKEAWAY does not guarantee that the use of its services will be without any type of interruption or error-free, the user accepts that every certain TO-TAKEAWAY cycle may withdraw the services for indefinite periods, or cancel such services at any time, without prior notice.
TO-TAKEAWAY guarantees the quality of care and the availability of the site and the related mobile application for our users. However, we exempt any liability for loss or direct damage infringed concerning it that will be unplayed on subsequent lines.
The user expressly accepts that the use or the difficulty of use, of the TO-TAKEAWAY services is at their sole risk. The services are provided as displayed, without support or maintenance for their use, without warranties of any kind, whether express or implied, including all implied warranties of merchantability, fitness for a particular purpose, rights, and non-infringement.
TO-TAKEAWAY does not guarantee that the user is protected or free from errors and viruses. The user must not misuse our site and the related mobile application by maliciously introducing a virus or other material that is malicious or technologically harmful.
TO-TAKEAWAY will not respond in any case and any measure, neither for direct nor indirect damages, neither for consequential damage nor for lost profits, for the eventual damages derived from the use of the information and contents of TO-TAKEAWAY or accessible from or through of the same.
1.4.- General conditions related to the purchase of the product and claims
TO-TAKEAWAY acts as an intermediary between the client user and the offering user, opening up companies destined for the commercialization of food, to join the platform and display it for future sales to interested clients. In this framework, TO-TAKEAWAY displays the information of the Bidder’s assets according to the information provided by the latter, not being responsible for its accuracy and / or veracity.
The establishment shall provide the customer with information on the list of ingredients, allergens, and other information related to the labeling of the product. Any product purchased before your reservation through the TO-TAKEAWAY platform must be consumed immediately after collection and / or as indicated on the product label or at the establishment. TO-TAKEAWAY will not assume any responsibility for the adverse reactions that customers may suffer, derived from the products for whatever reason, including consumption contrary to the label or the information indicated directly by the establishment.
In the event of a claim regarding a product (including the “Tray Pack” and its contents), the Customer must submit the claim to the TO-TAKEAWAY Customer Service before taking any other action. TO-TAKEAWAY will process all claims (including those of the “Tray Packs” and their content) as it deems appropriate, and any decision by TO-TAKEAWAY regarding claims will correspond exclusively to it.
If the intervention of TO-TAKEAWAY is not satisfactory to the Client, these Terms will not limit the means available for the Client to resolve the dispute it has with the Establishment in accordance with the protocols established by the Establishment and the resulting laws. of application. The Services are subject, among others, to the legislation on consumer and user protection and the legislation on information society services.
The User understands and accepts that TO-TAKEAWAY does not produce, provide, sell, sell or be an agent, distributor, or generate any type of marketer of the exhibited goods; therefore, the sales relationship is structured between the User and the establishment (Bidder). Likewise, the User acknowledges that he is solely responsible for collecting or for the correct consignment of the delivery addresses of the Orders, exempting TO-TAKEAWAY from liability for any error or negligence on the part of the Bidders.
1.5.- Payment method / customer
In this clause, we cover the payment method of the User/client. Once selected, the User must confirm the order.
It is important to clarify that all Users agree to pay the price of the product, from the moment they receive the confirmation communication. Upon receipt of such communication, the User may only request a refund only if the order is canceled correctly, as provided in the refund and warranty policies.
When the Offering User (establishment) accepts the User’s request (client), the TO-TAKEAWAY platform will communicate with the User (client). Through a pop-up notification or other means of communication, where the receipt of the order is confirmed, which occurs automatically with the details.
1.6.- Refund and shipping policy.
If the User (client) does not withdraw the order made to the Offeror (establishment) in the agreed time and / or if any setback arises by the User (client) where the product is not delivered once confirmed in TO-TAKEAWAY App and its website, in that sense once the delivery has not been made, all responsibility will fall on the client and he will not be able to request the refund of the contribution due to the charges generated in the transaction.
It is preponderant to remember that refunds will only be made to those users (customer) who comply with the withdrawal rules of your order for each of the Bidder (establishment) in the established time and time, so we suggest you check this information before to purchase TO-TAKEAWAY App.
To cancel the order you must enter the My Orders option of the TO-TAKEAWAY App and its website, check which is the order to be canceled and press the cancel order button and your amount will be returned, this option will only be available as long as you are within the otherwise set time this option disappears without being able to use.
The User (client) decides whether to take it to go or if it preferably uses the Bidder’s internal delivery method (establishment), TO-TAKEAWAY will not be responsible for delivery to Delivery.
The prices of each product will be shown in TO-TAKEAWAY and its related Application, likewise; The reference currency of each country will be indicated. They may also include any administrative fee for online payment unless it indicates or specifies otherwise.
The prices specified in TO-TAKEAWAY and its related Application will be the minimum value concerning the referent if they had not been placed as a surplus of the establishment on the site or App.
1.8.- Service modifications
TO-TAKEAWAY exclusively reserves the right to modify or suspend temporarily or permanently the Service offered, in any circumstance or time, without making any notice if it deems it appropriate.
1.9.- User obligations and penalties:
The following will be the obligations of the User:
— The User will be obliged to guarantee the veracity, accuracy, and legality of the registration data entered in the TO-TAKEAWAY information systems. The User will be exclusively responsible for the false or fraudulent manifestations that it makes and for the damages that it causes TO-TAKEAWAY or third parties for the information that it provides.
– Protect your username and password granted by TO-TAKEAWAY with due process, preventing access by unauthorized third parties.
– Refrain from publishing additional personal data about yourself or other people, especially information related to health or addictions. Likewise, it is prohibited to carry out practices or uses of the services for illicit or harmful purposes of TO-TAKEAWAY rights or interests.
– Notify TO-TAKEAWAY immediately any conjecture of the existence of a violation in the security of our website and software, of inappropriate or prohibited uses of the services provided from it, or of security breaches of any kind.
– Make good use of the content, information, and services provided from or through the website or mobile application, in accordance with the law, good faith, and good customs.
—Do not introduce any virus or other material that is malicious or technologically harmful.
– Avoid exposing or publishing information that causes damage to intellectual property rights and privacy and publicity rights.
– The resale of any of the services or content provided from or through TO-TAKEAWAY is expressly prohibited.
Failure or non-compliance with the foregoing will result in the deactivation of the User account and eviction from the Platform. According to the nature of the infraction; We reserve the right to issue legal proceedings against you and also to disclose your information if required by EU law.
This clause refers to our policies regarding the collection, use, and disclosure of personal information that we receive from users of the application. By using the app, you agree to the collection and use of information following this policy.
Responsibility of Users regarding the information registered in TO-TAKEAWAY:
TO-TAKEAWAY will host the pertinent and necessary measures to safeguard the security of the data and secret key, such as information encryption systems, security certificates, or others that the company considers necessary. In the event that a change has been detected in the information that you have registered in the App or website, our support team may contact you by phone or email, to corroborate your data and avoid future damage/fraud.
Users guarantee that the information they provide for the conclusion of the contract is complete, exact, legal, and updated.
In accordance with Regulation (EU) (GDPR) 2016/679 on the Protection of Personal Data of Europe, the personal data provided in the mobile application and its website will be part of a TO-TAKEAWAY database; data that will be used exclusively for the purposes that originated its transmission and especially for general communication between the company and the user. The data provided will not be disclosed to other companies without the express authorization of the owner thereof, nor will it be transferred internationally, except when the user falls into an infraction expressed in the clause “Obligations and sanctions of users”.
The user has the free exercise of his information rights corresponding to reforms, modifications, cancellation, and blocking of personal data. Consequently, the user may make requests for requests that are related to the aforementioned rights, and within a maximum period of 72 hours, TO-TAKEAWAY must respond to this request.
TO-TAKEAWAY presumes that the data has been incorporated by its owner or by a person authorized by it, denoting its veracity, accuracy, and legality.
We process this Personal Data because they are necessary for the fulfillment of the contract with you for the use of the Platform and its related application, in accordance with article 6 of the GDPR, its corresponding numerals, and literals.
1.11.- Intellectual and industrial property
All the information contained in the website and the mobile application TO-TAKEAWAY is its intellectual property. You must not use any of the materials on our website and its related mobile application for commercial purposes without our prior approval.
Under the Treaty on the Functioning of the European Union (TFEU) article 118) and Regulation (EU) 2017/1001 of the European Parliament and the Council on the trademark of the European Union, the copying, printing, publication, and distribution is prohibited. , the content of our site, and the related mobile application.
In case of non-compliance, the account will be disabled immediately and may even carry relevant legal penalties.
1.12.- Interruptions and / or Suspension of the System
In general, the different services will be available continuously on the Internet. However, the User is informed that TO-TAKEAWAY does NOT guarantee this continuity in any way due to the nature of the medium through which they are provided.
The User understands and accepts the aspects involved in the provision of services through the Internet given the open, decentralized, and global nature of the network.
Some of the situations that may temporarily interrupt the provision of said services are Maintenance tasks on servers and/or data lines, the detriment to servers and/or data lines and deliberate attacks against the security and integrity of the system, among they computer viruses or presence of malicious code on the pages that make up or are accessible from TO-TAKEAWAY.
1.13.- Links to third parties
TO-TAKEAWAY may contain links to other sites that may be of interest to you. Once you click on these links and leave our website or software, we no longer have control over the site to which you are redirected and therefore we are not responsible for the terms or privacy or the protection of your data in those others. third party sites. These sites are subject to their own privacy policies, so it is recommended that you consult them to confirm that you agree with them.
1.14.- Account cancellation and contractual termination
It is the sole responsibility of the user to cancel their account properly. You can use the cancellation of your account at any time by sending an email to (firstname.lastname@example.org). The content will be removed within thirty (30) days. The user has the availability to suspend her account at any time, however, she will be responsible for all the collections and payments made up to that moment.
1.15.- Applicable law and jurisdiction
The terms and conditions set forth are governed by the aforementioned European laws. Any conflict or controversy arising from the use of the TO-TAKEAWAY mobile application and the website, its Terms, and Conditions and the Privacy Policies, its veracity, interpretation, disclosure; will be subject to applicable EU laws.
1.16.- Contact information