Terms of Service
Effective date: October, 2024
These general terms and conditions (hereinafter, the “General Terms”) apply to the website of Mealtrips Foods Ltd (hereinafter, “Mealtrips”), whose domain is https://mealtrips.com, and to its related mobile application (hereinafter and collectively, the “Site”). The Site belongs to Mealtrips. Mealtrips hereby makes the Site and mobile application (hereinafter, jointly, the “APP”) available to users (hereinafter, the “User” or “Users”) on the terms and conditions detailed herein.
Object
Mealtrips is a technology company whose primary activity is the development and management of a technology platform. This platform allows certain local stores (hereinafter, the “Merchants”) within Nigeria to offer their products and/or services on the App. When requested by Users through the App, Mealtrips acts as an intermediary for the planned or immediate delivery of these products by third parties (hereinafter, the “Dispatchers”). Dispatchers are a network of individuals who offer their services through the App. They log onto the Mealtrips App and agree to complete the services assigned to them by the User within a specified time frame.
In addition, Mealtrips is a Technology Platform for intermediation in the contracting of “on demand” services by electronic means. Its aim is to make it easier for any persons requiring help with their food purchases/collection of products from local merchants to carry out this task by delegating to them to third parties, the Dispatchers, who are willing to voluntarily carry out the mandate given to them by Users.
In all cases, Mealtrips’ role is that of a mere intermediary and, therefore, its sole responsibility and task is to manage the APP that facilitates the contact between User, Merchant and Dispatcher. Mealtrips is in no way responsible for the products and or services offered through the APP, or the performance of any delivery requested through the APP, all in accordance with Section 21 on Responsibilities and Warranties.
By accessing the Site and/or the APP and voluntarily creating a profile, all Users, Merchants and Dispatchers acknowledge and expressly and unambiguously agree to these General Terms and Conditions, as well as to the Privacy Policy available online. Any User, Merchant and/or Dispatcher who does not agree with the said General Terms and Conditions and/or Policies shall refrain from using them.
User Access and Registration
Basic requirements for Registration in order to be a User of the APP, it is essential that you meet the following requirements:
- Users must be at least 18 years of age.
- Users must truthfully complete the mandatory fields of the registration form requesting personal details such as the User’s name, e-mail address, telephone number and bank card number.
- Users must carefully read these General Terms when accessing the APP. Further, acceptance of the General Terms is an essential step to be taken before registration.
- Users must agree to the Privacy and Data Protection Policy.
- Once all requirements are fulfilled and registration on the APP is completed, Mealtrips will provide the User with the registration confirmation, together with any other information necessary in accordance with laws of the Federal Republic of Nigeria.
All Users who may be classified under the applicable law as “consumers” benefit and are protected by all relevant consumer protection laws and regulations when using the APP.
Users’ Profile and Responsibilities
When registering on the APP, Users must choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable. In order to increase the security of accounts, Mealtrips recommends that Users do not use the same login credentials as on other platforms. In any case, Mealtrips does not guarantee the security of the account or profile.
In order to complete their registration on the APP, Users must provide certain details, such as: username, e-mail address, telephone number and bank card details, among others. Once they have completed the registration process, all Users will be able to access, complete and edit their profile as they deem appropriate. Mealtrips does not store users’ payment data, which shall be processed and stored by the payment service provider as described in these General Terms and in the Privacy Policy.
The User warrants that all the information regarding his/her identity and capacity provided to Mealtrips in the registration forms for the APP is true, accurate and complete. In addition, Users undertake to keep their details up to date. If a User provides any false, inaccurate or incomplete information or if Mealtrips considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, Mealtrips may deny that User current or future access to, and use of, the APP or any of its contents and/or services.
Users undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be solely responsible for any use of such details or of the services of the Site that may be made by third parties, including the statements and/or contents entered on the APP, or for any other action carried out under their username and/or password. Mealtrips cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by unregistered third parties of a registered User’s identity. Users undertake to inform Mealtrips immediately, using the communication channels made available by Mealtrips, if their credentials are stolen, disclosed or lost.
User’s obligations and responsibilities
Users are fully responsible for the proper use of, and access to, their profile and other APP contents in accordance with the laws of the Federal Republic of Nigeria, as well as with the principles of good faith, morals, generally accepted customs and public order. Specifically, they undertake to diligently comply with these General Terms of Use.
Users are the sole owners of the content entered by them on the APP. Mealtrips may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any opinions that may be issued by Users of the APP, whose consequences shall be the sole responsibility of their issuers.
Users shall refrain from using their profile and other APP contents for illegal purposes or with illegal results that harm third-party rights and interests or that may in any way damage, disable, affect or impair the APP and its contents and services. In addition, they are prohibited from hindering other Users’ normal use or enjoyment of the APP.
Any persons who breach the above obligations shall be liable for any loss or damage caused by them. Mealtrips will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.
In general, Users undertake, by way of example without limitation:
- To refrain from altering or modifying the APP, in full or in part, by bypassing, disabling or in any other way tampering with, its functions or services;
- To refrain from infringing industrial and intellectual property rights;
- To refrain from using the APP to insult, defame, intimidate or harass other Users or attack their image;
- To refrain from accessing other Users’ email accounts;
- To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to Mealtrips’ or third parties’ contents or systems;
- To refrain from sending mass and/or recurring emails to a number of people, or from sending third parties’ e-mail addresses without their consent;
Any User may report another User if he/she believes that the latter is in breach of these General Terms. Similarly, any User may inform Mealtrips of any abuse or infringement of these terms through the Channels provided by Mealtrips. Mealtrips will check such reports as soon as possible and will take any steps that it may deem appropriate, reserving the right to remove and/or suspend any User from the APP for breach of these General Terms. Furthermore, Mealtrips reserves the right to remove and/or suspend any message with illegal or offensive content without the need for a prior warning or subsequent notification.
User reviews
Mealtrip may collect reviews of Users relating to certain Merchants and/or the products or services offered by them. Mealtrips reserves the right to publish the said reviews in the APP and make them available for any other User, identifying them by the first name of the User who has left the review, all in accordance with Mealtrips’ Privacy Policy.
The Users will be asked through the APP to provide the said review, only in the case that they have placed an order via the APP to the relevant Merchant. The provision will, nevertheless, be completely voluntary for the User who may or may not submit it. By submitting a review, the User accepts its collection and publication, if that is the case, by Mealtrips.
Length of the reviews may be limited by a certain number of characters. In addition, the User commits to leave relevant reviews only, and which are in no way offensive, abusive, untrue, discriminatory, etc either for the Merchant or for any other User or Dispatcher. Mealtrips reserves the right to filter the reviews and to remove any review that is not compliant with these General Terms or that may be considered offensive or contrary to the law and public order.
Credit Card Theft or Appropriation
Since Mealtrips cannot guarantee the identity of registered Users, Users are under an obligation to inform Mealtrips if they have evidence that the credit card associated with their Mealtrips profile has been stolen and/or is being fraudulently used by a third party. Mealtrip, together with payment service provider, will make its best efforts to block further payments when duly informed by the User; however, Mealtrips will not be liable for any fraudulent use thereof that may be made by third parties on the User’s account and it is neither obliged to make any investigation on the fraudulent use of the Users’ payment methods by third parties nor to block any suspectful transaction. Mealtrips recommends that Users report any theft, robbery or suspected misuse of their credit card to the police. If necessary, Mealtrips undertakes to assist Users and cooperate with the competent authorities as may be necessary to provide reliable evidence of the wrongly applied charge.
In the event of fraud, Mealtrips reserves the right to take any appropriate action if it has been detrimentally affected by the misuse of the APP.
De-registration and cancellation of Users’ accounts
Users may voluntarily deregister from the APP using the appropriate section within the APP.
In addition, Mealtrips reserves the right to, with or without consultation with the User, suspend and/or cancel any Users’ accounts in the APP in the case that it takes notice that it has stopped complying with all basic requirements for registration as well as in case of reasonable suspicion of fraudulent or illicit use, including the use of the User account in a manner which is contrary to these General Terms.
Operation of the Service & Service Models
Mealtrips, as a Technology Platform allows Users who are duly registered in the APP to place different types of orders. By accessing the APP, the Users may buy products and/or services directly from the Merchants and, request the collection and subsequent delivery of the product, by the Dispatchers, from the Merchants’ addresses to the address established or inputted by the User (hereinafter, the “Merchants model”), provided that they are within the territory in which Mealtrips operates.
The Merchants model
Through the Merchants model the Users have access to the marketplace available in the APP and may acquire the products and/or services therein offered by those Merchants who have signed an agreement with Mealtrips. Additionally, the User may request via the APP the delivery of the acquired products by any Dispatcher available and who accepts the order to any address within the area covered by the relevant Merchant and Dispatcher.
The User is aware, and accepts, that the descriptions and, where applicable, the prices or photographs of the products and/or services available on the APP, are provided based on the information and documents supplied by the Merchants, and that Mealtrips is therefore unable to provide any guarantees against any possible inaccuracies in such descriptions, prices and/or photographs. Mealtrips reserves the right to withdraw any product from its APP, as well as to modify the contents of its information sheet at any time, without thereby incurring any liability of any kind.
The User accepts that all the products appearing on the Mealtrips APP are subject to availability and, in this regard, accepts the possibility that, while carrying out the order, the product and/or service may be found not to be available at the establishment. The User accepts that Mealtrips is, in no way responsible, for the quality and/or characteristics of the products or services offered by the Merchants and/or by the Dispatchers, who are professionals dedicated to the provision of the products or services offered through the APP. The Merchants and/or the Dispatchers are, similarly, responsible for the obtention of any licence or permit that may be legally required for the provision and offer of the said goods or services and, by offering them through the APP, the Merchants and/or Dispatchers declare to have duly obtained them.
Mealtrips may enable, disable and/ or include new features relating to the PICK-UP orders unilaterally at any time by giving prior notice to Users, if and as required by the applicable law. Once the changes have been published in these General Terms, they will apply to all those Users.
General provisions.
The services made available to Users through the APP, regardless of the model, will be carried out only in case the following conditions are met at the time of payment:
- The service requested by the User must be operative during the chosen time slot.
- The products purchased, the goods to be delivered performed must be in one of the cities, and within the available area, in which Mealtrips operates.
- The destination must be located in the same city area as the product and/or the collection address.
- The maximum weight of a single order will be approximately 9 kg
Users are solely responsible for providing the correct addresses for delivery and collection on the APP -including not only the written addresses but also its correct location in the map available at the APP- and they, therefore, release Mealtrips and the Dispatcher from any liability for negligence or error in the collection or delivery of the order as a result of providing incorrect addresses for collection and delivery. Similarly, Users must provide all the information, in as much detail as possible, about the service and/or product to which the assignment relates. To do this, they may provide any comments they may deem useful in the “comments'' section. The User releases Mealtrips and the Dispatcher from any liability derived from negligence or error in the indications given by the User. As a result of the foregoing, the cost resulting from providing an incorrect address for collection and delivery as well as incorrect indications regarding the products to be purchased, shall be borne by the User.
If the User is not at the place indicated for delivery and, therefore, the order cannot be delivered, the User must bear 100% of the cost of the delivery, as well as the price of the product if one has been purchased or contracted at the User’s request. This is without prejudice to the possibility for the User to place and pay for another order, identical to the one that could not be delivered, to receive the said order.
The reception of the order by the User at the indicated delivery address shall be considered as acceptance of the order. In case that the order is incorrect, incomplete or contains any defect, the User shall contact Mealtrips through the channels provided on this website immediately after the reception of the order. Neither Mealtrips nor the Dispatcher assume any obligation of revision of the identity of the recipient of the order; the latter will be taken as correct, provided that it is at the indicated delivery address. Mealtrips, therefore, does not assume any liability for the handling of the order at the incorrect person at the correct delivery address.
Economic Conditions Prices of the Services provided through the APP
Users can register in the APP free of charge; nevertheless, the free character of the registration in the APP is subject to review by Mealtrips at any time. In any case, Users may have to pay for certain services on the APP as provided in these General Terms. Mealtrips reserves the right to change the prices on the APP at any time, by informing the Users as and if required by the applicable laws. Such changes shall take effect immediately after publication.
Mealtrips will charge the User a service fee for the use of our APP to continuously improve our overall services, providing a wider selection of vendors and continuously improving our user experience, among others. The amount of the service fee can be fixed or variable according to the value of the products. Mealtrips sets the service and makes it visible to Users at the moment of the checkout of every order. This service fee will be charged against the credit card that the User has selected for the payment of the order. In the event that the User selects the cash payment option and same is allowed by Mealtrips, the service fee will be charged to the User in cash at the time of collection or delivery of the order, and the Merchant will be responsible for receiving this amount on behalf of and in the name of Mealtrips. In case of payment with cash, Mealtrips reserves the right to withhold the money from the User's card until payment is made at the time of delivery of the product and/or on completion of the assignment at the place of delivery. If the payment does not take place, Mealtrips reserves the right to charge the card on which the money has been withheld.
In addition to the said service fee, the User must pay the price of the products and/or services requested through the APP, as well as the delivery services provided by the Dispatcher each time that a collection and/or delivery is requested by the User. In the event of bad weather conditions, over saturation, high demand and/or any other condition that may affect the provision of the delivery services by the Dispatcher, the User may experience a temporary increase in the fee for those services provided. In any case, the fee for the delivery service may also vary in cases of force majeure beyond Mealtrips’ control.
In addition, the fee may include tips for the Dispatcher, which amount shall be solely and entirely at the User’s discretion; therefore, it will be solely the User who will decide on whether to tip and on the tipping amount. In any case, Mealtrips may offer the possibility to Users to remember the tipping option selected; in the case that the User consents to the saving of their preferences on tipping, these preferences will be automatically applied in all future orders. The User will have the faculty to change the selected preferences at any time.
Price of the Products and/or Services offered on the APP
The prices applicable to each service and/or product offered in the APP are established by the Merchants and are set solely and freely by the latter. Mealtrips does not meddle into the price set by Merchant.
The Merchants are free to set a disclaimer on the products/services they offer through the APP, ensuring that the prices displayed in the APP correspond to those available at their own premises. In this case the Merchants remain responsible for any variation, change and/or errors that such prices may experience. Mealtrips does not intervene in any way in the setting of the disclaimer.
All the prices stated on the APP are inclusive of any taxes that are applicable to the User operates and shall.
The User acknowledges that prices of the products and services indicated by the Merchants in the APP may not always include the price of their packaging, that may be charged separately to the User if so requested by the applicable law and/or standards. In particular, but without excluding any other case, the User acknowledges that it may be charged separately the price of any plastic packaging that accompanies their order.
Mealtrips and/or the Merchants reserves the right to introduce a surcharge in the order price (hereinafter, “Small Order Surcharge”) as a requirement for the processing and preparation of those orders considered as small. The consideration of small may vary depending on various considerations. Mealtrips will clearly communicate to the User through the APP when the Small Order Surchage is applicable and its exact amount; and the User will have the faculty to either continue with the order and pay the said surcharge, modify the order and/or quit the said order before its definitive placing.
Billing
By registering through the APP and providing the required bank details, Users expressly authorise Mealtrips to issue receipts for payment of the services requested, including the price and delivery of the products ordered.
The User expressly authorises Mealtrips to send him/her by electronic means, to the e-mail address provided by the User during the registration process, receipts for the services contracted and/or the bills generated either by the use of the APP, by the services provided by the Dispatcher and/or the Merchants.
User similarly accepts that according to the services contracted through the Mealtrips APP, they can receive the invoices corresponding to the delivery, courier or management services, by the Dispatcher.
Payment Platforms
Payment of the price of any product (such as food, and drink, etc.) properly made to Mealtrips by Users will discharge their obligation to pay the said price to the associated restaurants and/or establishments as well as the Dispatcher, for the services provided. Mealtrips does not act on behalf of Users and none of the authorizations provided in this document should be deemed as a mandate given to Mealtrips Foods.
Mealtrips issues receipt of payments to Users acting as an agent (for collection of payments) on behalf of associated restaurants and/or establishments and Dispatcher through an Electronic Money Institution. Electronic Money Institutions (hereinafter, “Payment Platforms”) are responsible for the obtention of any necessary authorisation or licence to provide, directly or indirectly, regulated payment services in the territories in which Mealtrip operates and for being in compliance with the current legislation applicable to the payment services provided. Therefore, Mealtrips will accept no liability for the lack of authorisation or licence or the breach of any applicable regulation; on the contrary, the sole and exclusive liability will lay with the Payment Platform.
Mealtrips reserves the right, as a fraud prevention measure, to request a payment pre authorisation for the products ordered through the APP, always through the Payment Platform and for the sole purpose of verifying the means of payment provided and ensuring the correct functioning and use of the APP by the Users. Such pre-authorisation shall in no event involve payment of the full amount of the order, as this will be done solely and exclusively after the products have been made available to the User, or for the reasons set forth in these General Terms.
If a User has any issues with the payment via the Payment Platform made available in the APP, the User may contact Mealtrips’ User assistance service through the APP. Mealtrips will make its best efforts to provide a solution to the issue and to liaise with the Payment Platform to the extent possible; be that as it may, Mealtrip is not responsible for any such issue that falls within the activity and responsibility of either the Payment Platforms or the User’s bank or assimilated financial institution.
Payment methods
The User may pay for the products and/or services in cash or by credit card. When making the order, the User will be informed of the various payment options available to him.
In order to pay with a credit card, the User must provide the card details through the APP as a payment method associated with his/her account. Mealtrips does not store card numbers on its servers. The full information shall be stored on the servers of the Payment Platform through which payments are made.
If it is not possible to complete a charge using the selected payment method, the User authorises Mealtrips to charge the applicable fee to any other credit or debit card that the User has already registered to his/her Mealtrips account.
The cash payment option may be unavailable to some Users in preselected cases. If available, in the case of cash payments, Mealtrips reserves the right to withhold the money from the User's card until payment is made at the time of delivery of the product. If the payment does not take place, Mealtrips reserves the right to charge the card on which the money has been withheld
If payment for the service can for any reason not be taken from the User, the User’s account shall be blocked until the situation has been rectified and the debt has been settled.
Refunds
In the event of a dispute, Mealtrips may provide the first line of support and may reimburse the User if this is deemed appropriate. In case Mealtrips becomes aware that the User who is requesting a refund on an Order, has made a fraudulent use of the APP, this request will be immediately rejected.
Notwithstanding the above, Mealtrips shall not be obliged to implement any refund due to defects on the Merchant’s products or on the provision of the delivery services by the Dispatcher. Further, any refund done by Mealtrips due its high standards in Users’ satisfaction, shall not be considered as a waiver of this exclusion of liability which is inherent to Mealtrips’ condition of a mere intermediary. Additionally, any return rejection of an order as well as its corresponding refund shall be managed by the User directly with the Merchant, in accordance with the Merchant’s return policy.
Promotional Codes and/or Other Offers or Discounts
Mealtrips may unilaterally provide at any time credits for use within the APP, discounts, free shipping as well as any other promotion, to certain Users (hereinafter, the “Discounts and/or Promotions”). Any of these discounts and promotions may unilaterally be cancelled at any time by Mealtrips.
The User acknowledges and accepts that any Discounts or Promotions granted must be used only within the validity period established by Mealtrips for each Discount and/or Promotion. If no validity period is specified by Mealtrips at the moment of communicating and/or granting such Discount or Promotion, the validity period applicable by default will be of six (6) months from the date on which they were made available to the User. Any other validity period set by Mealtrips at the moment of communicating or granting the said Discount and/or Promotion will prevail over the six (6) months default validity period stated above.
Similarly, the User acknowledges and accepts that any Discounts and/or Promotions granted may be applicable only to certain products and/or services offered through Mealtrips’ APP or only under specific circumstances and conditions (e.g. first order, order within a territory, order at a specific time of the day, order of a certain type, Small Order Surcharge, etc).
Discount and/or Promotions granted to Users must be correctly entered in the APP by the User before placing the order. Otherwise, they will not take effect and the User will be unable to enjoy them. The User is responsible for making sure that the Discount and/or Promotion is applicable for the specific products or services requested through the APP and that the Discount or Promotion is still valid and fully effective.
The User acknowledges that Discounts and/or Promotions may experience a delay in its application from the moment in which these are communicated and/or granted to the User. In particular, among others, the Discounts and/ or Promotions offered by Mealtrips for first Users or first orders in the APP may take between 24 and 72 hours from the time of the creation of the User account to be available. The User is responsible for making sure that the Discount and/or Promotion has been correctly entered in the APP and to review that it has correctly been applied to the order. If this delay in application exceeds 72 hours, the User may contact Mealtrips.
The User acknowledges and accepts that all Discounts and/or Promotions are valid only once per User and, therefore, may be restricted based on various characteristics such as device, credit/debit card, email address, phone number or user ID, save expressly provided otherwise by Mealtrips in reference to the specific Discount and/or Promotion.
In any case, Mealtrips reserves the right to unilaterally cancel and withdraw any Discount and Promotion either offered or already granted if it becomes aware of a fraudulent use thereof (such as, among others, a promotional code being redeemed by someone who is not its legitimate recipient, the mass communication of codes or the sale of codes or discounts). Furthermore, it reserves the right to apply sanctions to Users for the amount for which Mealtrips has been defrauded as well as for the suspension and/or cancellation of User’s Mealtrips account.
Mealtrips will accept no liability if, due to an event of force majeure or other events beyond its control or whose need is justified, it is forced to cancel, shorten, extend or amend the conditions of Discounts and Promotions. In particular, Mealtrips will accept no liability if the website is not available at any time during Discounts and Promotions or for a malfunction in the automated promotion system.
Cancellation of Orders and Right of Withdrawal
Cancellation of Orders by the User
In accordance with the nature of the intermediation service offered by Mealtrips, the User is aware that, once a Dispatcher and a Merchant have voluntarily accepted an order, the execution of the mandate is considered to have started, and the User may therefore no longer be entitled to withdraw the service request.
Cancellation of Orders by Mealtrips
Mealtrips reserves the right to cancel an order without having to provide a just cause. Mealtrips will inform the User of the said cancellation and, in the event of cancellation without just cause at Mealtrips’ instance, any amount held in the User’s account and/or credit card will be released.
Policy on the Delivery of Restricted Items
Specific considerations on the purchases of alcohol
Users who accept these Terms and Conditions may view and place orders involving the purchase and/or delivery of alcoholic products through the Mealtrips APP. By ordering, the User acknowledges that he/she is of the age foreseen and permitted by the applicable law in the territory in which the order is placed.
In any case, Mealtrips reserves the right not to process/deliver any order including alcohol to those recipients of the order who cannot prove to be the User identified on the Mealtrips APP, as well as the required age/other restrictions foreseen by the applicable legislation in Nigeria. As a consequence of the foregoing, the User shall bear the full cost of the product and the costs associated with placing and cancelling the order.
In those states where the sale and/or delivery of alcoholic products is restricted in certain hours, the User must respect the proper use of the APP and, consequently, respect the time zones prohibited by the applicable legislation.
In any case, Mealtrips reserves the right to refuse to process/deliver the order including alcohol outside permitted hours. As a consequence of the above, the User shall bear the full cost of the product and the costs associated with the placement and cancellation of the order.
In the event that the User transfers his/her Mealtrips account to minors or persons who, due to their circumstances, may be in situations that require special protection, Mealtrips reserves the right to initiate all civil/criminal actions to protect the rights of the most vulnerable people. In this regard, Mealtrips undertakes to use all material and human means to control this type of fraud, but in no case is responsible for the illegal transfer of an account to another person who has not expressly accepted these Terms and Conditions.
Mealtrips recommends moderate and responsible consumption of alcoholic products purchased.
Geolocation
Mealtrips may collect, use and share exact location data, including the real-time geographic location of the User’s computer or mobile device, provided that this is authorised by the User. The said location data may be collected and used by Mealtrips to show Users the location of the point of origin and/or destination of an order. In this regard, Users expressly consent to their geolocation data being shared with any Merchant and Dispatcher, to successfully carry out the order requested at any given time. Users may choose to disable Geolocation on their devices as provided in the Data Privacy Policy.
Responsibilities and Warranties
Responsibilities and warranties in relation to the APP
Users are responsible for having in place the necessary services and equipment to browse the Internet and access the APP. Users can report any incidents or problems accessing the APP to Mealtrips using the contact channels made available to Users, and Mealtrip will analyse the incident and instruct the User on how to resolve it as quickly as possible.
Mealtrips does not guarantee the absence of errors or interruptions when accessing the APP or its content, or that it will always be up to date. Therefore, Mealtrips will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet access service, or Internet interruptions or for any other matters beyond its control. Notwithstanding the foregoing, Mealtrips will, save in the event of circumstances making this difficult or impossible, take all steps to correct such errors, restore communication and update contents as soon as it becomes aware of the errors or disconnection or of the contents being out of date.
Mealtrips accepts no liability for any security errors that may arise or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored therein, as a result of:
The presence of a virus in the User’s computer system or mobile handset used to connect to the APP’s contents and services;
A malfunction of the browser;
The use of outdated versions thereof.
Mealtrips hereby confirms that it has obtained all necessary licences for the pursuit of its technological intermediation activities in the countries in which it operates.
Responsibilities and liability in relation to content
Mealtrips does not control, and is not responsible for, the contents uploaded by Users, Merchants and Dispatchers through the APP; therefore, Users, Merchants and Dispatchers are solely responsible for the lawfulness of such contents. Similarly, Mealtrips does not control (and is under no obligation to control) how Users, Merchants and Dispatchers use the APP. It therefore does not guarantee that they use the APP in accordance with these General Terms or in a diligent and/or prudent manner and in accordance with all laws applicable. Further, Mealtrips does not check (and is under no obligation to check) the identity of Users or the truthfulness, current validity, completeness and/or authenticity of the data supplied by them.
Mealtrips gives no warranties regarding the authenticity, accuracy, novelty, reliability, lawfulness or non-infringement of third-party rights by Dispatchers and/or Merchants. In this regard, Users state that they understand that Mealtrips is a mere intermediary and that it therefore accepts no liability arising from the information provided by Dispatchers and/or Merchants or for any loss or damage that may potentially be suffered by them due to a breach of these General Terms. When an order is placed on the APP and accepted by the Dispatcher, a direct relationship is established between the User and the Dispatcher. Mealtrips is not a party to this relationship and merely provides the APP to enable the Parties to communicate and place as many orders as may be necessary. Mealtrips makes no assertions or confirmation regarding any Dispatcher and Merchants or their identity or background information. Mealtrips therefore recommends that Users always use common sense and remain alert when placing any order.
By becoming members of the APP, Users accept that any claims they wish to bring for legal liability arising from actions or omissions of other Users of the APP or third parties shall be restricted to such Users or third parties, and that no actions for liability may be taken against Mealtrips.
Liabilities and warranties in relation to users’ reviews
Mealtrips is not responsible for the content of any review left by any User, regardless of whether these are published in the APP, and will accept no liability for any damage and/or offence caused by the said reviews. Mealtrips can only guarantee that solely the Users who have purchased a certain product or service through the APP will be asked to provide a review on it; nevertheless and, albeit Mealtrips will make its best efforts to put in place any reasonable measure to prevent fraudulent, offensive and abusive reviews, Mealtrips cannot systematically verify the reviews collected and, therefore, cannot guarantee the accuracy and truthfulness of the reviews left by the Users.
Responsibilities and liability for the products and services offered through the APP
Mealtrips is not responsible for the content of any review left by As an intermediary, Mealtrips merely facilitates, via the APP, the means by which the parties involved (i.e. the Merchants, the Users and the Dispatchers) may contact with each other to arrange the sale and, if desired, the delivery of the products and services to the address indicated by the User. Therefore, Mealtrips is in no way responsible and does neither guarantee nor assume any liability for the products or the services offered by the Merchants or for the provision of any requested delivery services by the Dispatchers. Mealtrips will not check, and it is not responsible for checking, the products sent or delivered through orders on the APP. Further, Mealtrips does neither prepare, nor sell nor deliver any product and, therefore, cannot be liable for its ingredients or its manipulation and the provision of any information on allergens. Notwithstanding the above, Mealtrips requests all Merchants and Dispatcher to abide by all applicable laws and the highest standards of health and safety in the preparation and manipulation of the products, as well as of information provision to users and consumers. Additionally, given that any food product offered via the APP is prepared and packaged at the Merchant’s establishments, Mealtrips is not responsible for ensuring that food orders are delivered to Users in properly closed packages.
Furthermore, the product/services images displayed on the APP are provided for illustrative purposes only and the final product/service the User purchases may differ slightly from these images.
The Users, the Merchants and the Dispatchers, release Mealtrips from any liability that might arise from the availability and/or transport of products requiring specific permissions or licences, or of products forbidden by any applicable legislation. If Mealtrips becomes aware that the User, the Merchant and/or the Dispatcher is/are using the APP to transport prohibited products, Mealtrips may launch an internal investigation to ascertain the facts, take any legal action that may be necessary and/or block the User, Merchant or Dispatcher in question until any potential investigation has been completed. The measures available to Mealtrips include providing the authorities with data and information on the Users, Merchants and Dispatchers.
Mealtrips rejects any liability for damages of any kind that may arise from Users, Merchants and/or Dispatchers’ illegal use of the APP due to the information supplied by latter to other Users, Merchants and/or Dispatchers being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to Users, Merchants and/or Dispatcher impersonating a third party in any kind of communication made through the APP. In particular, Mealtrips accepts no responsibility for the use of the APP or for any orders that may be made by a third party from the Users, Merchants and/or Dispatchers’ account.
Responsibilities and liability in relation to delivery requested through the APP
Mealtrips cannot be responsible for delivery times, as they will depend on the Merchants’ own successful operations, the preparation of orders, the Dispatcher themselves, and the information furnished by Users when placing orders or their availability and response at the time of delivery; therefore, the delivery times stated on the APP are provided for indicative purposes only. Further, Mealtrips will never be liable for the availability of Dispatchers or for their adequate and satisfactory performance of assignments.
The Dispatcher is exclusively responsible for the delivery and/or management of the goods without prejudice to the fact that, in the event of an incident, the User contacts the Dispatcher and Mealtrip through the APP or other enabled channels in order to resort to a possible insurance policy.
Mealtrips shall also not be liable for any damage or deterioration of the goods. It is the User's responsibility to prove to the Dispatcher and Mealtrips that the alleged damage or deterioration has actually occurred from the time the goods have been collected from the place of origin until they have been delivered to the User, in which case the User must contact the Dispatcher and Mealtrips through the APP or other enabled channels in order to resort to a possible insurance policy.
However, Mealtrips, as a platform that intermediates between User and Mandatary, may mediate as far as reasonably possible in the dispute that may arise between User and Mandatary during the delivery and/or management of goods through the APP.
In the event of a dispute, the User shall be responsible for informing Mealtrips and contacting the Dispatcher to claim any compensation.
Furthermore, any claim relating to the delivery and/or management of the goods shall be brought exclusively against the Dispatcher and not against Mealtrips.
Updates and Changes to the APP
Mealtrips reserves the right to amend these General Terms, the Privacy Policy at any time. Mealtrips will provide prior notice of those amendments when mandatory in accordance with the laws applicable.
In addition, Mealtrips reserves the right to update, amend or delete the information contained on its APP, at any time and without the need for prior notice unless mandatory as per the applicable law, with regard to its layout, presentation and access conditions, without thereby accepting any liability in relation thereto.
Intellectual Property
Mealtrips is the owner or licensee of all intellectual and industrial property rights that relate to the software and the APP, as well as the content that can be accessed through it, which is uploaded to the APP by Mealtrips and/or on its behalf. These intellectual property rights, as well as the text, images, graphic design, navigation structure, information and content contained therein, are the property of Mealtrips, which has the exclusive right to exploit the rights thereto in any manner, in particular the right of reproduction, distribution, publication and transformation, in accordance with Spanish legislation on intellectual and industrial property rights.
The content uploaded to the APP by or on behalf of any third party, including but not limited to the Users, Merchants and Dispatcher, remains their exclusive property; therefore these are fully responsible for any damage, claim and/or liability that may directly or indirectly derive from the content uploaded by them and/or on their behalf.
In spite of the foregoing, Mealtrips may not be the owner or licence holder of content such as names or images, among others, of companies with which Mealtrips does not have a business relationship. In such cases, Mealtrips acquires the content from publicly available sources, and Mealtrips shall in no event be deemed to be related to any right belonging to Mealtrips.
Authorising a User to access the APP does not imply the waiver, transfer, licensing or full or partial assignment by Mealtrips of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering with the contents of the Mealtrip APP are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicising, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the Mealtrips APP for public or commercial purposes are also prohibited, save with express written authorisation or, where applicable, that of the owner of the rights concerned.
By registering on the APP and agreeing to these General Terms, the User grants Mealtrips, in relation to the content that he/she may provide, a worldwide, irrevocable, and transferable licence, free of charge, with the right to sub-license, use, copy, modify, create derivative works, distribute, publicise and exploit it in any way that may be deemed appropriate by Mealtrips, with or without any further communication to the User and without having to pay any amounts for such uses. All the above shall be understood as granting the indicated rights only to the maximum extent permitted by the applicable legislation.
Severability
If any of the clauses of these General Terms are found to be voidable or void by operation of law, such clause(s) shall be deemed not to have been included. Such declaration of nullity will not cause the other clauses to be void, and these shall remain valid and effective between the Parties.
Applicable Law
The relationship between Mealtrips and the User shall be governed and construed in accordance with the General Terms and the laws of the relevant country in which Mealtrip operates and any dispute shall be submitted to the courts of Mealtrips’ registered seat in the relevant country, unless otherwise established by the applicable law.
Customer Support and Alternative Dispute Resolution
In order to facilitate communication with the Dispatcher if necessary, and in the event of any incidents in the processing of the order and/or in order to inform of any changes thereto, Mealtrips makes available to Users through its Help Section in the APP an internal chat system allowing direct and immediate contact between the User and the Dispatcher while the order is being carried out. If a User wishes to contact the Mandatary or Mealtrips after the order has been completed, he/she must use the Help Section available on the APP.
Further, Mealtrips will act as intermediary for the solution of any claims related to the order placed by the User, to the User’s account and/or to any other policies and/or services provided via the APP. For this purpose, the User shall contact Mealtrips via the channels provided on the App.
All the above is without prejudice to the Users’ right to submit their complaints and/or requests through any legal means available to consumers, including any out–of court/alternative dispute settlement bodies that legally provide dispute settlement services.