Terms and Conditions of Ordering Service (including Takeaway Service and Scan-to-Order Service) applicable to General Users (“Terms of Ordering Service”)
In this Terms of Ordering Service, “you” and “User” means any User using the Takeaway Service and/or Scan-to-Order Service or any other online ordering service provided by the Company. Capitalized terms not defined herein will have the meanings set forth in the Terms and Conditions.
- Ordering Service
- The Ordering Service is for personal and non-commercial use only. You must be at least 18 years’ old and (i) register as a Member pursuant to Clause 2.1 of the Terms and Conditions to set up a membership account (“Account”) with the Channel in order to use the Takeaway Service or the Scan-to-Order Service; or (ii) set up an account with such third-party payment service provider as designated by the Company in order to use the Scan-to-Order Service.
- The Takeaway Service and Scan-to-Order Service enable User to place online order (“Takeaway Order” or “Scan-to-Order”) and make the related payment to the related Merchant via the Channel. User is required to pick up the Items, which have been ordered and paid for via the Channel, from the Participating Restaurant/Outlet (“Pickup Point”) as displayed on the Channel when the Takeaway Order or Scan-to-Order is placed.
- The Company, which only provides the Channel as a media for you and the Merchant to complete the online ordering and payment process with respect to any Takeaway Order and/or Scan-to-Order, does not prepare, guarantee or take responsibility for any Items provided by any Merchants. It is the sole responsibility of the Merchant to honor your Takeaway Order and/or Scan-to-Order.
- The Company shall not be liable for any acts or omissions of the Merchant, Participating Restaurant(s)/Outlet(s) and/or the Pickup Point including deficiency in service, incorrect Items or prices, quality of food or beverage, time taken to get ready the Takeaway Order or Scan-to-Order, etc.
- Takeaway Orders/Scan-to-Order
- When a User places a Takeaway Order or Scan-to-Order and settles payment for the Takeaway Order or Scan-to-Order via the Channel, the Takeaway Order or Scan-to-Order will be sent to the related Merchant to confirm its acceptance of the Takeaway Order or Scan-to-Order and, upon the Merchant’s acceptance, the Takeaway Order or Scan-to-Order will be ready for pickup at the time as shown on the Channel (“Scheduled Time”) from the Pickup Point.
- The sale of the Items is concluded once the Merchant accepts your Takeaway Order or Scan-to-Order and the contract for the sale and purchase of any Items which you have ordered (“Ordered Items”) through the Channel is formed between you and the related Merchant. The Company will base on the record of its system to determine when the Takeaway Order or Scan-to-Order has been accepted by the Merchant.
- It is your obligation to ensure that correct email address and phone number have been registered with the Channel for the Company to communicate with you about any issues regarding the Takeaway Order or Scan-to-Order.
- If you do not pick up the Ordered Items from the Pickup Point within 120 minutes after the Scheduled Time, you agree that you forfeit your entitlement to any Ordered Items and no refund for the Ordered Items will be made. You further agree and accept that the Merchant shall have the right not to provide any Ordered Items to you.
- All Items are subject to availability. The Merchant may offer an alternative for any Item which it cannot provide you with after the Takeaway Order or Scan-to-Order is accepted. If you disagree to accept such alternative, the Merchant will refund the fee which you have paid for purchasing the related Item to the credit card, debit card or any payment media which you have used for purchasing such Item.
- You should contact the related Merchant prior to placing Takeaway Order or Scan-to-Order if you have an allergy to any food. The Company shall not be liable in any event if any Item ordered by you does not meet your dietary or any other requirements and restrictions.
- The Company takes no responsibility for the quantity, quality, taste or freshness of any Items.
- Alcoholic beverages can only be sold to Users aged 18 or over. By placing a Takeaway Order or Scan-to-Order that includes alcohol, you expressly represent and warrant that you are at least 18 years of age and you will provide your HKID card to the staff of the Pickup Point for verification of your age if reasonably required.
- Cancellation and Return
- With respect to any Takeaway Order, you have the right to cancel a Takeaway Order via the Channel before the Takeaway Order is accepted by the related Merchant, therefore any Takeaway Order after the Merchant’s acceptance cannot be cancelled by you and you will not be eligible for any refund. For the purposes of this Clause, the Company will base on the record of its System to determine whether a Takeaway Order has been accepted by the Merchant or not and its decision will be final.
- With respect to any Scan-to-Order, you cannot cancel any Scan-to-Order after it has been placed by you via the Channel.
- The Company and the Merchant may cancel any Takeaway Order or Scan-to-Order and you will be notified by the Channel. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to a Takeaway Order being cancelled by the Company or the Merchant will be reimbursed using the same method you used to pay for the Order.
- All Items sold via the Channel cannot be changed or returned by you for getting refund.
- Price and Payment
- The price of each Item (“Listed Price”) is displayed on the Channel. All Listed Prices are subject to change, but changes will not affect any Takeaway Order or Scan-to-Order which has already been placed by you via the Channel.
- Users shall make full payment (“Payment”) for the Ordered Items via the Channel using such credit or debit card or e-Wallet (“Payment Account”) as specified on the Channel. Once the Takeaway Order or Scan-to-Order has been confirmed by the Merchant, your Payment Account will have been authorised for such Payment.
- The Company is authorised by the Merchant to accept Payment for the Ordered Items on its behalf.
- To the maximum extent permitted by law, the Company shall not have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including, without limitation, negligence) or otherwise arising from your use of or your inability to use the Ordering Service.
- In any event and subject to the applicable laws, the aggregate liability of the Company to you for all claims and expenses arising from or in connection with your use of the Ordering Service shall be limited to the purchase price of the Ordered Items which you have paid for in your Takeaway Order and/or Scan-to-Order.
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