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ver. 21.8.18

Terms and Conditions of Takeaway Service for General Users (“Terms of Takeaway Service”)


Set forth below are the terms and conditions (“Terms of Takeaway Service”) governing Users’ access to and use of any Channel to place online order (“Takeaway Service”) for food and/or beverage items (“Items”) with Merchants which have signed Service Order with the Company for advertising and selling Items via the Channel. By accessing or using the Takeaway Service, Users acknowledge that they have read, understood and accepted these Terms of Takeaway Service, the Terms and Conditions, and the Privacy Policy and have agreed to be bound by them.

In this Terms of Takeaway Service, “you” and “User” means any User using the Takeaway Service. Capitalized terms not defined herein will have the meanings set forth in the Terms and Conditions.

  1. Takeaway Service
    1. The Takeaway Service is for personal and non-commercial use only. You must be at least 18 years’ old and 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.
    2. The Takeaway Service enables User to place online order (“Takeaway 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 which is designated by the Merchant.
    3. 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, 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.
    4. The Company shall not be liable for any acts or omissions of the Merchant 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, etc.
  2. Takeaway Orders
    1. When a User places a Takeaway Order and settles payment for the Takeaway Order via the Channel, the Takeaway Order will be sent to the related Merchant to confirm its acceptance of the Takeaway Order and to confirm the time when the Takeaway Order will be ready for pickup (“Scheduled Time”) from the Pickup Point.
    2. The sale of the Items is concluded once the Merchant accepts your Takeaway Order, and at that point of time, you will receive an email sent on behalf of the Merchant informing you of the acceptance of the Takeaway Order and the Scheduled Time (the "Confirmation Email"). 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 when the Confirmation Email is sent to you.
    3. It is your obligation to ensure that correct email address and phone number have been registered with the Channel for receiving the Confirmation Email and/or communicating about any issues regarding the Takeaway Order.
    4. If you do not pick up the Ordered Items from the Pickup Point within 60 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.
    5. 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 is confirmed. 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.
    6. You should contact the related Merchant prior to placing Takeaway 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.
    7. The Company takes no responsibility for the quantity, quality, taste or freshness of any Items.
    8. Alcoholic beverages can only be sold to Users aged 18 or over. By placing a Takeaway 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.
  3. Cancellation and Return
    1. You have the right to cancel a Takeaway Order via the Channel before the Takeaway Order is confirmed by the related Merchant, i.e. before the Confirmation Email is sent to you. The Company and the Merchant may cancel any Takeaway 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.
    2. Any Takeaway Order after the related Confirmation Email is sent cannot be cancelled by you and will be not be eligible for any refund.
    3. All Items sold via the Channel cannot be changed or returned after the Confirmation Email has been sent.
  4. Price and Payment
    1. 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 in respect of which you have been presented with the Confirmation Email.
    2. 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 has been confirmed by the Merchant, your Payment Account will have been authorised for such Payment.
    3. The Company is authorised by the Merchant to accept Payment for the Ordered Items on its behalf.
  5. Liability
    1. 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 Takeaway Service.
    2. In any event and subject to the applicable laws, the aggregate liability of the Company and the Merchant to you for all claims and expenses arising from or in connection with your use of the Takeaway Service shall be limited to the purchase price of the Ordered Items which you have paid for in your Takeaway Order.

For any query, please click here to email to our Customer Relationship Executive.