Welcome! We’re so happy you’re here, and we can't wait to deliver you food happiness, but before you use our Sites, please read these Terms and Conditions of Services carefully.
Social Meal is powered and provided by Social Tech Limited, a Hong Kong limited liability company (“we”,“us”,“ our”or the “Company”).Social Tech Limited is a company incorporated in Hong Kong whose registered office is Room 1104A, 11/F, Kai Tak Commercial Building,No. 317-319 Des Voeux Road, Central, Hong Kong. Our company registration number is 2733009.
1. Definitions and Interpretation
In these terms and conditions, the following definitions and rules of interpretation apply unless otherwise defined or the context requires otherwise:
“Advertisement” means any promotion messages and information that may appear on your mobile device during the operation of the App;
“HongKong” means Hong Kong Special Administrative Region of the People’s Republic of China;
“Participating Providers” means the drivers or vehicle operators whose transport and logistics services are offered and may be requested through the use of Social Meals;
“Services” means any and all services provided by us to you by means of your use of Social Meal, which include the services described in clause 3(a);
“App”means the “Social Meal” mobile application supplied by us and downloaded and installed by you on your mobile device through which you may obtain the Services; and
“Terms”means these terms and conditions, which may be amended and supplemented by us from time to time.
2. Agreement to Terms and Conditions
3. Your use of Social Meal and the Services
(a) and warrant that all information and details provided by you to us (including through the App) are true, accurate, complete and up-to-date in all respects and at all times;
(b) you will not use Social Meal or the Services: for any unlawful purpose; in any way that interrupts,damages, impairs or renders Social Meal or the Services less efficient; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to advertise or promote third party or your own products or services;
(c) to comply with all applicable laws while using Social Meal or the Services;
(d) you will not use the Social Meal or the Services to cause nuisance, annoyance or inconvenience;
(e) to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
(f) to provide us with whatever proof of identity we may reasonably request;
(g) to treat Participating Providers introduced to you through Social Meal with respect and not to cause damage to their vehicles or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their Services; and
(h) to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
We reserve the right to suspend,restrict or terminate your access to Social Meal and the Services at any time without prior notice or liability if we have reasonable grounds to believe you have breached any of these Terms and Conditions or in our opinion you misuse Social Meal or the Services.This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
4. License of App
(a) Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable license to download and install one copy of the App on your mobile device and to run such copy of the App solely for your own personal use.
(b) Your use of Social Meal grants you no rights in relation to our intellectual property rights (including,without limitation, copyright, trade marks, logos, graphics,photographs, animations, videos and text or rights in and to the App and applications) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Services in accordance with these Terms.
(c) You must not:
(i) license, sub license, sell,resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the App in any way;
(ii) modify or make derivative works based upon the Services or App;
(iii) create Internet “links”to the Services or “frame” or “mirror” any App on any other server or wireless or Internet-based device;
(iv) reverse engineer or access the App in order to:
(a) design or build a competitive product or service,
(b) design or build a product using similar ideas, features, functions or graphics of the Services or App, or
(c) You may not copy, reproduce, republish, download,post, broadcast, transmit, make available to the public, or otherwise use any content on our Websites or in our Service in any way except for your own personal, non-commercial use, or
(v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or App.
5. Description of Services
The purpose of our Service is to provide a fast and convenient service to you, linking you to our Partner Restaurants by display their menus on website, and allowing you to order meals from them. Social Meals markets meals on behalf of our Partner Restaurants, concludes orders on their behalf and delivers the meals to acts as an agent on behalf of the Partner Restaurant when it presents Meals to you and concludes any order you make. Once you have placed an order, your meal will be delivered to you by Social Meals Delivery Team within the specified delivery time.
When you place an order through our Service, it will be sent to the Partner Restaurant to confirm their acceptance. The sale is concluded when the Partner Restaurant accepts your order, and at that point we will send you an message on behalf of the Partner Restaurant thanking you for your order and confirming it has been received and accepted by the Partner Restaurant. By then,you will act on your own behalf and not for any other person when you place an order with us. The contract for the supply of any meal you order through us will be between you and the Partner Restaurant and will only be formed when you have been sent the Confirmation Message electronically by us. Please ensure that you have given us a correct email address and phone number as these are how we will communicate with you about your Order and ensure that your meals will deliver to the correct location. If you do not open the door or respond to telephonic correspondence within 10 minutes of your Delivery driver physically reaching your address, the driver may leave the premises,and you are still required to charge for the meal as per the total order cost including delivery fee.
You may only create and hold one account on each Site for your personal use (an “Account”). You may have another account if you are using the Site as part of a corporate account created for business purposes pursuant to a separate agreement with Social Meals. In consideration of the use of the Sites and the services contained therein, you agree that you are able to create a binding legal obligation with Social Meals, and you also agree to: (a) provide true, accurate, current, and complete information about yourself, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current,and complete.
The Sites may permit you to make purchases without an Account or without logging in to your Account.If you make a purchase in this manner, we may create an Account for you based on the information provide to us in connection with the transaction (e.g., your name, phone number, email address, and other transaction information). If you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Sites, and your parent or legal guardian must read and agree to this Agreement prior to your using the Sites.Notwithstanding the foregoing, you are not authorized to use the Sites if you are under the age of 13. If you are using the Sites on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to this Agreement and you agree to be bound by this Agreement on behalf of that organization.
If you provide any information that is untrue, inaccurate, not current or incomplete, including, without limitation, having an invalid or expired payment method on file, or if Social Meals has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Social Meals has the right to block your current or future use of the Sites (or any portion thereof) and/or terminate this Agreement with you. If your Account is cancelled for any or no reason, you may forfeit any pending, current, or future account credits or promotional offers and any other forms of unredeemed value in or associated with your Account without prior notice to you.
You are responsible for maintaining the confidentiality and security of your Account including your password and, you are also responsible for all activities or any other actions that occur under or that are taken in connection with your Account. You agree to:
(a) immediately notify Social Meals of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including,without limitation, loss, theft, or unauthorized disclosure of your password or credit card information; and;
(b) ensure that you exit from your Account at the end of each session. Social Meals will not beliable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with (a) and/or (b) or for any acts or omissions by you or someone else who is using your Account and/or password.
If you believe that your account has been compromised, you must immediately contact us by mail at: email@example.com or send a message to our live-chat service. You agree to indemnify and hold harmless Social Meals for losses incurred by Social Meals or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
7. Service Coverage
Our service coverage is solely available from our Partner Restaurants in Hong Kong where are as specified. Each Partner Restaurant has a specific delivery area. This is to ensure that their Meals reach your door when they are at their best. If you live outside the delivery areas, a message will appear on screen notifying you that ordering online is not available in your area. We do not accept orders from anywhere outside the designated delivery areas as we do not have a Partner Restaurant to serve.While, operating hours will depend on local trading conditions and the availability of our Partner Restaurants. Please click on the relevant link to view the menus on our Service, and then click on your chosen menu which will provide you with the option to submit your order to your chosen Partner Restaurant.
8. Cancellation of Orders
You have the right to cancel your order up to five minutes (5) after your order is placed on the Social Meals platform. After this point, the restaurant would have started to prepare the food and therefore no refunds would be possible. Social Meals and the Partner Restaurant may cancel any order and will advise you once we cancel an order. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by Social Meals or a Partner Restaurant will be reimbursed usually using the same method you used to pay for your order. Any order cancelled after the Partner Restaurants started for food preparation will be charged to you.
We have taken every care in the preparation of our Site and our Service. However, we will not be responsible for any errors or omissions in relation to such content on our Site and our Service or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on our Site or in our Service we will attempt to correct this as soon as we reasonably can.
We do not guarantee that our Site and our Service will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site or our Service.You should use your own virus protection software.
Social Meals entities, their agents,representatives, and service providers, entire liability and your exclusive remedy with respect to your use of the websites is to discontinue your use of the websites. Social Meals entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the websites or for any other claim related in any way to your use of the websites. These exclusions for indirect, special, consequential, and exemplary damages include,without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, formal function, or any other commercial damages or losses, even if the Social Meals entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages,in such states or jurisdictions, Social Meals entities, their agents,representatives and service providers' liability shall be limited to the extent permitted by law. Nothing in this Clause shall operate so as to limit or exclude in any way Social Meal's liability for any liability which cannot be excluded or limited by law, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
10. Price and Payment
Only major credit cards (i.e. Visa, Master, Paypal, etc) are being accepted by us for settle of online payment. Social Meals reserves the right to provide other payment methods or to no longer offer certain payment methods. The end customer bindingly chooses the payment method when placing the respective order. Provided that the end customer chooses an online payment method, the payment might be processed by an external payment provider cooperating with the provider. Card data will in this case be stored for future orders by the payment provider, on the condition that the end customer chooses the respective storage of such and hereby gives consent to it.
The price of any meals will be listed on our Menu and prices will be varied between each menus of Partner Restaurant. Prices posted on the Website are liable to change at any time, please confirm the latest prices available on the Website before you make an order, but changes will not affect orders in respect of which you have been presented with the confirmation order’s email.
Despite our best efforts, some of the meals listed on our Service may be incorrectly priced and in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue, you will be able to cancel your order once we notify you of a pricing mistake.All relevant Partner Restaurant will normally verify prices as part of the order process. Payment for all meals can be made by credit card through our Service. Once your order has been confirmed your credit card will have been authorised and the amount marked for payment. Payment is made directly to Social Tech Limited and is subsequently passed on to the Partner Restaurant electronically. We are authorised by our Partner Restaurants to accept payment on their behalf and payment of the price of any meals to us will discharge your obligations to pay such price to the Partner Restaurant. Where Social Meal or any Partner Restaurants make a delivery, we may at our sole discretion charge you a delivery fee which will be notified to you before you complete your order.
11. Sale of Alcohol
Any persons placing an order for alcohol from our Partner Restaurants.Alcoholic beverages can only be sold and delivered to persons aged 18 or over. Any customers who are not to look like 18 or above will be requested by the Delivery riders to provide proof of age to verify that they are aged 18 or above and fit for alcohol consuming. By placing an order that includes alcohol, you confirm that you are atleast 18 years old. The Delivery rider may refuse to deliver any alcohol to any person who does not appear, or cannot prove they are,aged 18 or over. The Delivery rider may also refuse to deliver any alcohol to any person who is, or appears to be, under the influence of either alcohol or drugs at any time.
12. Hyperlinks and Advertisements
This Websites may contain hyperlinks to third-party websites. Social Meal does not control or endorse these third-party websites or any goods or services sold on those websites. We shall not be responsible for the contents and accuracy of any Advertisement. Any links to third party websites are provided solely for your convenience and not in any way as an endorsement by us of the contents on such third party websites. Some of these websites may contain materials that are objection able, unlawful, or inaccurate. You acknowledge and agree that Social Meal is not responsible or liable for any Content or other materials on these third party websites.
If you access any linked third party website or Advertisement, you do so entirely at your own risk. We shall not be responsible for any transactions between you and any advertisers or third party website operators.
13. Personal data and privacy
14. Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Hong Kong. Both you and us agree to submit to the exclusive jurisdiction of the courts of Hong Kong as regards any dispute or matter arising under these Terms and Conditions.
16. Delivery Timing
We are trying our very best to ensure that your meal is delivered to your doorstep by the time as specified in the webpage.
At all time, our goal is aimed to ensure you get the best delivery service as possible. However, things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us, or our Restaurant Partners, from achieving our targets in this regard. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the Partner Restaurant at that time.
17. Waiver and Severability
Any waiver by Social Meals of any provision of this Agreement must be in writing. If any portion of this Agreement is found to be void,invalid, or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible except that in the event of unenforce ability of the class action waiver, the entire arbitration agreement shall be unenforceable. The remainder of this Agreement shall continue to be enforceable and valid according to terms contained here in.
18. Contact Us
Forfurther questions? comments? Please send an email to us firstname.lastname@example.org
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