Terms and conditions

Terms and conditions

The present general terms and conditions of use and legal information (hereinafter "General Conditions") apply to the website of Foodlus Solutions SL (hereinafter, Foodlus), whose domain is https://www.foodlus.com and to the corresponding web application whose domain is https://app.foodlus.com , as well as all associated sites linked from https://www.foodlus.com by Foodlus, as well as its affiliates, and associates, as set out in Annex I, including the websites of Foodlus around the world (hereinafter and jointly, to the Site). The site is the property of Foodlus. By using the site, samples your consent and express acceptance of the present conditions of use. If you do not agree, we ask that you retain it.

Through the present General terms and Conditions, Foodlus makes available to the users (hereinafter a User or Users) of the website and the web application Foodlus (hereinafter together referred to as the Platform).

In compliance with the provisions of the regulations, sets out the following identification data of the owner of the site:

Company name: Foodlus Solutions, SL
Registered address: C/ 'avenir, number 6, Barcelona 08006.
Details of registration in the Commercial Register: to register the 07/07/2021, Volume 47906, Folio 81, Section 8, Sheet 565981, Entry 1
Fiscal Identification number (NIF): B06944862

1. Object

Foodlus is a technology company, whose main activity is the development and management of a technological platform by means of which through a web application (the APP) allows users access to an interactive chart of your favourite restaurants, ordering through the platform and pay for the order made in businesses that are part of the platform directly within the same establishment.

In whose cases Foodlus acts solely as an intermediary and therefore, cannot and does not assume any responsibility for the quality of the products or the proper provision of the services offered directly by the business.

The products offered on the Platform will be subject to availability.

The retailers affiliated with Foodlus are in charge of providing the best service possible and offer you the products in perfect state to all users. Foodlus can not assume the responsibility of the delivery periods by part of the staff of the establishment or in the preparation of the orders.

Foodlus confirms that, to the development of its business, has obtained all the necessary licenses in the countries where it operates.

2. Terms of Use

You agree that by using the services, you accept and agree to these General terms and Conditions of Use and Contracting, and the Privacy Policy, and Cookie Policy on the part of all Users.

If you do not agree with these terms, do not use the services.

3. Services

3.1 Sales of food

The User can request to trade any product that is listed on the letter digital of the establishment and the trade is committed to serving those products as soon as possible, if and when available.

Foodlus, is not responsible for the foods served by third parties, being responsible for their quality and health sites Foodlus.

In those cases in which the User wishes to know the composition and nutritional information of the products present on the Platform, must contact directly with the staff of the establishment so that you can access the complete information of the products.

Foodlus is not responsible for the establishments to comply with the obligation of providing the descriptions of the products so that they can be processed by the filter allergens. The User is aware and agrees that the descriptions and, in his case, the price or the photos of the products and/or services offered on the Platform are carried out on the basis of the information and documentation provided by the establishments for what Foodlus cannot offer guarantees against possible inaccuracies in these descriptions, pricing and/or photographs.

3.2 Sale of alcoholic beverages

Alcoholic beverages can only be sold and delivered to persons 18 years and older. The User who places an order of alcohol on our Sites Foodlus partners must be 18 years old or more.

The Sites Foodlus partners are responsible to verify the User's age at the time of serving alcoholic beverages, and deny, in its case, serving as its policy of selling alcoholic beverages, exempting Foodlus of the liability for the dispensing of alcoholic beverages to minors in shops and bars operated by third parties on orders made through the App Foodlus.

This clause will be application-identical to any other product and/or service analogous reserved to the age of majority according to the legislation and that it may be requested by a User via the Platform.

4. User registration

To be able to use the services of the platform, it is not necessary any user registration. The use of the services is anonymous and is not personal data collected to be able to perform or pay an order. In the case of collect the personal data of the user by Foodlus, these must be supplied by the user. Foodlus will treat the data provided by the user according to the current legislation of the data protection act.

5. Methods of payment and pricing policy

The Services offered to you through the Platform will be paid by debit or credit card, with which Foodlus have an agreement, via gateways payment.

In cases in which the payment is made in person at the establishment using the payment in cash or with a credit card with pos physical, liable to the user of its obligations to pay such a price to the restaurant and/or partner property.

The charges on the payment method chosen will take effect from the order confirmation in the App. The data of the credit or debit card used for the payment of the services are not managed or stored by Foodlus. The user may request in the summary of the order placed, the invoice for the services offered Foodlus.

Foodlus use a secure payment gateway provided by the company "Pay No Pain", which ensures the integrity and security of communications and transactions. The company is regulated by the Bank of Spain as e-Money Institutions or Payment Institutions. Electronic Money Institutions are authorized to provide, directly or indirectly, payment service regulated in all the territories in which it operates Foodlus and comply with the current legislation in the field of payment services for Platforms such as Foodlus. In case of not being authorized such entities, Foodlus disclaims all liability for such lack of authorization or license, remain the sole and exclusive responsibility of the business of Electronic Money Institutions.

The listing price will be marked up in the Platform at the time of acquisition of the goods and/or services. Prices may vary, and be reviewed periodically in attention to the modifications of cards and price list of Sites Foodlus partners.

The listing prices of the products includes general rule is that the Value-Added Tax, or similar, according to tax jurisdiction applicable, as well as possible discounts and promotions are applicable during the process of payment.

In case of billing errors in the order, the User shall communicate with Foodlus within 48 hours from the issuance of the payment to request a refund. Foodlus reserves the right to consider eligible for the refund request of the User. The said claim for refund by the user, will always be accompanied with information in reference to the purchase order to be claimed. (the images, the amount, the exact moment of the completion of the order...)

Foodlus reserves the right to modify prices in the platform at any time. The changes will take effect immediately after its publication.

6. Use of the platform and license to use

The User undertakes to use the Platform in accordance with the Law and with the present General Terms and Conditions. The User also undertakes to refrain from using the Platform for illegal purposes or contrary to the provisions of the General Terms and Conditions.

Foodlus gives the User access to Foodlus according to a limited, non-exclusive, non-sub licensable, non-transferable, and revocable. The use of Foodlus shall at all times staff and in accordance with these Terms and Conditions, in no case the User will be able to make use of Foodlus for commercial purposes.

If the User becomes aware of the existence of any illegal content, illegal, contrary to the laws or which may pose an infringement of intellectual property rights and/or industrial, you should immediately notify Foodlus so that this can proceed to the adoption of appropriate measures.

It is expressly prohibited the use of the Platform for purposes other than those listed in these General Terms and Conditions. Therefore, Foodlus not liable for any use or handling, misuse of the Platform.

The Platform can provide access to a multitude of texts, graphics, drawings, designs, codes, software, photographs, images, expressions and information belonging to Foodlus or to third parties that the User can have access. The User assumes responsibility for the use of the Platform and agrees to make a lawful, diligent, honest, and correct any information or content you access through the Platform, and all under the principles of good faith and respecting at all times the current legality and these Terms and Conditions.

In general, the Users are committed, including but not limited to:

i. Cause neither malicious nor intentional damage or damage that may impair, alter the Platform, or introduce or spread computer viruses that may produce unauthorized alterations of the content or systems which are members of the Platform. The User should not scan or test the vulnerability of any system or network of Foodlus, or breach any security or authentication measures, as well as try to decrypt or disassemble the software used by Foodlus to provide the services via the Platform.

ii. Use the Platform for fraudulent purposes, or in connection with a criminal offence or illegal activities of any kind.

iii. Reproduce, copy, distribute, transform or modify the information and content hosted on the Platform.

iv. Use the Platform to send, use or reuse any material that contains illegal, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening of any type, or that is in violation of copyright, trademark, confidentiality, privacy or any other rights, or otherwise injurious or objectionable to third parties, or whose contents contain software viruses, political propaganda, advertising content and, in general, any type of discomfort or inconvenience unnecessary.

v. Download, send, or otherwise distribute content or applications that may violate any laws in force, or which involve violate any right of any party.

vi. Promote or encourage any third party to perform any of the above practices or contribute to it.

Foodlus shall have the right to investigate and to report any of the above mentioned conduct in accordance with the Law, as well as to collaborate with the authorities in the investigation of such proceedings.

7. Intellectual Property

Foodlus is the owner or licensee of all the rights of intellectual and industrial property included in the Platform as well as on the content accessible through the same. The intellectual property rights of the Platform, as well as: texts, images, graphic design, navigation structure, content and information contained in it are owned by Foodlus, who corresponds to the exclusive exercise of the rights of exploitation in any form and, especially, the rights of reproduction, distribution, public communication and transformation, in accordance with the Spanish law of rights of intellectual and industrial property.

Yet as described above, Foodlus may not be the owner or licensee of the content, names or images, among others, of companies with which Foodlus has no commercial relationship. In such cases, Foodlus acquires the content from sources accessible to the public.

The authorization to the User for access to the Platform does not imply a waiver, transmission, license or assignment full or partial rights of intellectual or industrial property by Foodlus. It is not permitted to remove, circumvent or manipulate in any way the content of the Platform Foodlus. It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, treat or distribute in any way all or part of the contents included in the Platform Foodlus for public or commercial purposes, without the express written permission of Foodlus or, in his case, the holder of the corresponding rights.

The third-party holders of rights of intellectual and industrial property rights on photographs, logos, and any other symbols or contents included in The Platform have been granted the necessary approvals for its reproduction, distribution and making available to the public.

8. Third-party applications

The services Foodlus are integrated with applications, websites, and services from third parties (Third party Applications) to make available to the User for their products, services and content. These third party Applications may have their own Terms and Conditions of Use and Privacy Policy, govern the use by the User of the same.

The User understands and agrees that Foodlus is not responsible for the behavior, features, or content of Third-party Applications used in the Platform, as well as any transaction outside the scope of activity of Foodlus you may enter into with the provider of such Third party Applications.

9. Responsibility of Foodlus

Foodlus is not responsible for the information, files or other content posted by Users, or validate the content of Users or choose to send, so that Foodlus shall not be liable, directly or indirectly, or secondarily, for damages of any nature whatsoever arising out of communications made or contents included in the Platform.

But not limited to Foodlus is not responsible for:

i. The satisfaction of the needs or individual requirements of the User in relation to the resources provided by The Platform.

ii. Any direct or indirect and/or intangible, including personal injury sustained as a result of a misuse of the Platform.

iii. The loss of reputation, image, or data, that may occur during the use of the Platform.

iv. The lack of availability, maintenance and effective operation of the Platform, and excluded, to the maximum extent permitted by applicable law, any liability for damages of any nature that may be due to the lack of availability or continuity of the operation of the Platform.

v. Any defect, error, or problem with the operation of the Platform.

In consequence, Foodlus does not warrant that the use that Users may make of the content and services that are included in the Platform, are in accordance with the present Terms and Conditions, nor that they do so diligently.

Foodlus reserves the right of admission and exclusion of the Platform, your free choice. In particular, any User who does not comply with the rules contained in this terms of use or perform a misuse of the Platform may be excluded from the same.

Foodlus reserves the right to (i) remove, suspend, edit or modify the content of the Platform at its sole discretion, at any time, without prior notice and for any reason, and (ii) to remove, suspend or block any use by the User of the Platform.

Foodlus also reserves the right to read, preserve, disclose and access to any information we consider reasonably necessary to (i) comply with the applicable law or any requirement or request a judicial or governmental order, (ii) enforce these Terms and Conditions, including investigation of potential violations thereof, (iii) detect, prevent, or manage problems of fraud, security or technical (iv) to respond to requests for assistance to the User, or (v) protect the rights, property or safety of Foodlus and its Users.

However, Foodlus declares that it has adopted all the necessary measures, within its possibilities and the state of technology, to ensure the functioning of the Platform and avoid the existence and transmission of viruses and other harmful components to Users.

Foodlus not be liable in the event of service interruptions, connection errors, unavailability or shortcomings in the service of Internet access, or for interruptions of the Internet network or for any other reason beyond its control.

Foodlus is not responsible for security errors that may occur nor for any damage that may be caused to User's computer system (hardware and software), files or documents stored therein, as a result of:

The presence of a virus in the computer system or mobile terminal of the User that is used for connection to the services and content of the Platform;
A malfunction of the browser;

Foodlus not offer any warranties with respect to authenticity, accuracy, novelty, reliability, legality or non-infringement of third party rights on the part of merchants. In this sense, the Users report that they understand that Foodlus is a technology platform, whose main activity is the intermediation, that is, to contact Users, and stores, so that it does not assume any responsibility derived from the information provided by the merchants or for any damages or losses that may be suffered by a breach of these General terms and Conditions of Use. When ordering through the Platform and its acceptance by the establishment, is to establish a direct relationship between the User and the establishment, being Foodlus others to the same, providing only the Platform for the Parties to communicate, and perform many orders are necessary. Therefore Foodlus will not be responsible or liable for the availability of businesses and the compliance with proper and satisfactory of orders for them.

Any inconvenience with the service, product of the trade, price, delivery failure, or other inconveniences derived directly from the merchant, the user must speak directly with the business to find a solution. Foodlus be able to mediate between the two parties to find a common solution but will not be responsible in any measure.

9.1 Liability for content

Foodlus has no obligation and does not control the use that Users make of the Platform and, therefore, does not guarantee that Users will use the Platform in accordance with the provisions of these General terms and Conditions of Use, or to make a diligent use and/or prudent for the same. Foodlus has no obligation to verify or not verify the identity of Users, nor the accuracy, timeliness, completeness and/or authenticity of the data that they provide.

Foodlus excludes any liability for damages of any nature that could be due to the unlawful use of the Platform by the User or that may be due to the lack of veracity, validity, completeness and/or authenticity of the information that the Users provide to other Users about themselves and, in particular, though not exclusively, for damages of any nature that may be due to the impersonation of a third party by a User in any kind of communication made through the Platform. In particular, Foodlus is not responsible for the use of the Platform, as well as the orders that could be made by a third party from the account of the User.

Without limiting the foregoing, Foodlus reserves the right to limit, in whole or in part, the access to the Platform to certain Users, as well as cancel, suspend, terminate, block, or delete certain type of content, through the use of appropriate technological tools available for this purpose. In this sense, Foodlus you can set the necessary filters in order to avoid through the service can be poured into the network illegal or harmful content. The provision by the Users of content through the Platform will transfer to the Foodlus of all rights of exploitation resulting from the content provided on the Platform.

9.2 Clause of "no warranty" in the ordering or payment

To be members of the Platform, the Users accept that any legal responsibility that they intend to exercise as a result of the actions or omissions of other Users of the Platform or third parties will be limited to those Users or third parties, is not proceeding action of any liability against Foodlus.

9.3 promotional Codes, and/or other offers or discounts

Foodlus may provide, at any time and unilaterally, credits to use within the Platform or other types of promotions to certain Users.

The promotional codes, and/or other specials or discounts offered through the Platform must be correctly entered in the application prior to the completion of the order, otherwise your use will not be effective for the User and will not be able to enjoy the same.

Foodlus reserves the right to cancel the promotion codes and/or other offers or discount offered in a unilateral way, when you have knowledge of a fraudulent use of the same (i.e. to redeem a promotional code when it is not is the rightful recipient of the same, bulk transmission of codes, sell, discounts or codes ....), when the expiry of the deadline referred to above and, in addition, reserves the right to apply sanctions to the Users by the amount of use defrauded Foodlus.

Foodlus assumes no responsibility if, due to force majeure or events beyond its reasonable will, or which need to be justified, to be compelled to cancel, shorten, extend or amend the terms of the promotions.

In particular, Foodlus assumes no liability in the event that the web page is not available at any time during the promotions or a malfunction of the automated system of promotions.

9.4 Suspension and termination of services

Foodlus may be suspended temporarily and without prior notice, the accessibility to the Platform with the motive of operations of maintenance, repair, updating or improvement.

Especially, Foodlus reserves the right to remove, limit or prevent access to your Platform when technical difficulties arise due to events or circumstances beyond the control of Foodlus that, in his opinion, diminish or annul the levels of security standards adopted for the proper operation of the Platform.

Foodlus is not responsible for the lack of availability, maintenance and effective operation of the Platform and excluded, to the maximum extent permitted by applicable law, any liability for damages of any nature that may be due to the lack of availability or continuity of the operation of the Platform.

Foodlus assumes no liability for the cancellation or suspension of services on the Platform due to causes not attributable to it. In any case, Foodlus undertakes to solve any problems that may arise and to offer all necessary support to the Users to reach a quick and satisfactory resolution of the issue.

9.5 Force majeure

Foodlus not responsible for any cases of force majeure, understood, such as the failure, suspension or discontinuance of the services or use of the Platform, as a consequence of blockade of the Internet network, actions or omissions of third parties, or any other causes or circumstances independent of the will of Foodlus that prevent the normal use of the Platform.

9.6 Hyperlinks

The Application may contain hyperlinks that allow the User to access the platforms or third-party web sites. Foodlus assumes no responsibility for the content, information or services that may appear on those platforms, which are understood to be offered exclusively information character on the part of Foodlus, and in no case imply a relationship, acceptance or endorsement between Foodlus and the people or entities of such contents or sites where they are found.

In these cases, Foodlus will not be responsible for establishing the General Terms and Conditions and particular to take into account the use, provision or procurement of such services by any third parties and, therefore, will not be held responsible for the same.

Foodlus has no power or human or technical means to know, control or approve all the information, content, products or services provided by other websites to which links may be made from the Platform. In consequence, Foodlus can not assume any responsibility for any aspect of the web pages that could establish a link from the Platform, in particular, by way of example and not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

However, in the event that Foodlus get to have effective knowledge that the activity or information to which such links is unlawful, criminal, or may damage property or rights of a third party, will act with the necessary diligence to suppress or disable the corresponding link as soon as possible.

10. Duration, safeguarding and modifications

Are to be understood as applicable, the conditions which are published at the time in which the User accesses the Platform Foodlus.

If any provision of these Terms and Conditions is held to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining terms, conditions and obligations remain in full force and effect and enforceable.

Foodlus will be able to delete, modify or replace the contents of the present document at any time, by posting or sending you a notification via the Platform or by e-mail, with no possibility for the User to demand compensation.

Foodlus reserves the right, at any time and without prior notice, updates, modifications, or removal of information contained on its Platform in the configuration and presentation thereof and the access conditions, without assuming any responsibility for it. Foodlus does not guarantee the absence of interruptions or errors in the access of the Platform or its content, nor that it is always up-to-date, however, Foodlus take place, provided that there are no circumstances that make it impossible or difficult to execute, and as soon as I have news of errors, disconnections or lack of updated content, all efforts aimed at correcting the errors, re-establish communication and update contents.

11. Data protection

Foodlus respects the privacy of its Users and will ensure that the personal data are processed in accordance with the legislation in force. If you would like more information about the privacy policy of Foodlus, visit the following link:
https://www.foodlus.com/politica-de-privacidad/

12. Severability

If any of the clauses of the present terms and Conditions is null and void, or voidable, shall not put. Such declaration of invalidity shall not invalidate the remaining provisions, which shall remain in effect and efficacy between the Parties.

13. Applicable Law

The relationship between Foodlus and the User, shall be governed by and construed in accordance with the General Conditions in terms of interpretation, validity and performance shall be governed by Spanish legislation and any dispute shall be submitted to the Courts of Barcelona, with the exception that the User requests the courts of their address of residence.

14. Alternative dispute resolution

Conflicts or disputes that took place outside the European Union will be subject to its resolution on the part of the Spanish Court of Arbitration of the Chamber of Commerce.

15. General conditions of return

In the event that the customer wishes to return a product or to make a complaint about the service, although Foodlus assume the management of the same as an intermediary, the ultimate responsibility will always be of the shop where the purchase was made. Any return in kind shall be exclusively subject to the returns policy of the trade.

If the client wishes to process the return of a product does not comply with your request on the platform, will be the trade who takes over the responsibility of providing a solution to the user. Foodlus, as a business intermediary, is not responsible for the service offered by the affiliated stores.

Each case will be the responsibility of the trade to determine the origin of the return, so that in the event of a dispute, the client shall notify Foodlus through the means provided for this purpose.

Foodlus only be able to intervene in the refund of the price of one or more of the products if the payment has been made electronically through the platform and there has been a computer error in the payment processing.

If the payment has been made physically on the premises (credit card or cash, with a POS physical), Foodlus not be able to guarantee the full refund of the product, but will strive to mediate with the business to find a solution satisfactory to both parties.

In case of computer failure on the part of Foodlus, the customer can demand the refund of the purchase price of the product. However, you must provide a photograph of the entire order along with a list of products that are incorrect or not handed over due to this error, as well as other evidence to prove the non-compliance of the ordered product.