Terms and conditions

1. Information About Us

Welcome to https://gastrosymphony.net, an online platform (the “Website”). By using or accessing the website, you agree to the terms and conditions hereafter, which govern the relationship between Gastro Symphony and each customer and Restaurant, as well as the relationship between Customers, drivers and Restaurants.

These terms and conditions may change from time to time so please check and read them regularly. Restaurants must adhere to our terms and conditions and in addition, have their own terms and conditions. Before making any purchase, please read the ‘Terms & Conditions on the Restaurant’s profile page, which can be accessed by clicking on their name on the product page.

Gastro Symphony provides a means for you to make your orders ("Product" or "Orders") for delivery or food dinning from Restaurants in European Union ("Restaurant" or "Restaurants") featured on the Website ("Order" or "Orders"). In all situations, the legal contract for the supply and purchase of Products is between you and the Restaurant with which you place your order, and we will complete the sale of Products on behalf of, and as a commercial agent for, the Restaurants.

1. Terms and conditions for using the platform

1.1 Registration

You must be at least 18 years of age to use the Website and Services. By using our website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on our website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

You may deactivate Your Account at any time by following the process detailed within Your Account settings on our website.

By registering for an account, listing, selling or buying on the website you confirm that you have understood and accepted https://gastrosymphony.net's terms and conditions.

You warrant that the information you have supplied as part of the registration process is accurate and that you will notify us of any changes. You are responsible for safeguarding the security of your account, including keeping your password confidential.

Unless agreed by us in writing, all users of the website are limited to one account.

1.2 Our role

Our role is to connect you to the Restaurants with which we collaborate ("Restaurant Partners") and to allow you to order Items for delivery (our "Service"). When you order from a Restaurant, Gastro Symphony serves as an agent on their behalf to complete your order through our platform and manage your experience throughout the order process. Following your order, an order can be made directly at the restaurant’s table, pickup at a specific time or through address delivery, delivery of your items will be arranged by our Drivers Partner ("Delivery") (each a "Delivery"), depending on the Partner you have chosen. The majority of Restaurants on our Website offer their own delivery service to send you the Product(s) you want. The Restaurant may charge you a delivery fee in this scenario (which we will collect on behalf of the Restaurant).

When a customer purchases from a Restaurant, a legally binding contract is formed between these parties. For the avoidance of doubt, by accepting https://gastrosymphony.net terms and conditions, the customer will also be accepting the Restaurant's terms and conditions.

Gastro Symphony is not a party to the transaction and shall not bear any express or implied liabilities related to the items sold online. We do not possess, check or act as caretakers of any items that are sold by Restaurants at any time.

All transactions will be monitored by our system to avoid fraud, and anyone discovered using our platform inadvertently will be reported to the appropriate authorities.

Our services are mostly available to EU countries Customers; therefore an address will be required in the registration process.

1.3 Conduct and behaviour

You may only use the website and its services for its primary purpose.

In your interactions, you must at all times remain courteous and polite and not use any nicknames, comments, product descriptions or messages that are obscene, discriminatory, offensive or discourteous.

You are responsible for all data transferred from your systems to our website and services and shall bear all liabilities in any way connected to such data and content.

You must not:

1.4 Use of data

In the course of our operation, we collect data from Customers and Restaurants. You accept that your personal data may be shared between Customers, drivers and Restaurants for the sole purpose of facilitating the sale, purchase and fulfilment of orders on the website as per our Privacy Policy.

Restaurants agree to fully comply with the General Data Protection Regulation and use Customers’ information solely for the purpose of completing transactions and not to store Customers’ data subsequently or pass it on to third parties.

Please review our privacy policy for full details on how your personal data is used.

1.5 Disclaimer of warranties

We do not represent or warrant that the website will be error-free, uninterrupted, free from third-party attacks or otherwise available at all times to meet your requirements.

THIS SERVICE IS PROVIDED ON AN "AS IS" BASIS. HTTPS://GASTROSYMPHONY.NET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH THE WEBSITE WILL BE AS REPRESENTED BY RESTAURANTS, FIT FOR A PARTICULAR PURPOSE OR USE, AVAILABLE AT THE TIME OF LISTING, COMPLIANT WITH APPLICABLE REGULATIONS, FREE FROM INTELLECTUAL PROPERTY INFRINGEMENT, OR THAT RESTAURANTS AND CUSTOMERS WILL PERFORM AS THEY HAVE AGREED.

When a Restaurant signs up with us, they must supply us with the most up-to-date allergy, dietary, and other menu information. This is then posted on their own page on the website. We will try our best to republish this information on the website exactly as it appears on the Restaurant's menu if this information includes allergy or other dietary information. If you have a concern about food allergies, intolerances, or other dietary restrictions, you should always contact the Restaurant before placing your order. If you have any food allergies or intolerances, please contact the Restaurant directly.

Restaurants that provide product data and make products available for sale through the https://gastrosymphony.net website shall be bound by our terms and conditions in addition to their own. Any representations and/or warranties regarding their products shall be solely binding upon them.

Where a dispute arises between, or out of Customers and Restaurant’s activity on the website, each party expressly agrees to waive any subsidiary or recourse claims against https://gastrosymphony.net and further agrees to hold https://gastrosymphony.net harmless from any claims that may be in any way connected with such dispute.

1.6 Limitation of liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, HTTPS://GASTROSYMPHONY.NET EXCLUDES LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF BUSINESS LOSS OF DATA AND ANY CONSEQUENTIAL LOSS, CLAIMS OR REMEDIES IN TORT, WHETHER OR NOT ARISING FROM ITS NEGLIGENCE.

1.7 Force Majeure

Neither we nor the Restaurants will be obliged to fulfil the responsibilities detailed in the terms and conditions in circumstances beyond reasonable control. These include but are not limited to earthquakes, floods, fire, plague or other natural disasters, terrorism, riots, civil disturbances, war, strikes, nuclear or chemical contamination, failure of public infrastructure, national emergency, inclement weather or acts of God. Duties and obligations will be postponed for the period of the Force Majeure.

1.8 Communication

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

2. Restaurant terms and conditions

2.1 Conditions of Sale

In order to ensure that the platform promises to Customers are maintained, conditions applicable for Restaurants to be able to sell on the platform may vary from time to time. These are specified as part of the Restaurant registration process. By registering and listing products for sale on the platform you agree that you and your products comply with the criteria to sell on the platform.

2.2 Listing

By uploading products for sale on the platform you agree that you are legally entitled to sell the food listed and that the descriptions are accurate, not ambiguous or misleading, and that the products are in fact available for delivery to all Customers.

It is your responsibility to ensure the sale and distribution of items are not in breach of any applicable laws and that no regulatory restrictions or specific duties apply to such items. Gastro Symphony shall not be responsible for verifying your right to list and sell products, or whether the sale of such products is prohibited or deemed illegal. Gastro Symphony reserves the right to remove from listings, without prior notice to the Restaurant, any product whose sale becomes illegal or controversial in European Union.

You must ensure your products listed:

By listing a product for sale at a price you agree that you will supply the product at that price to Customers on the website. The price listed must include all applicable taxes. We reserve the right to terminate any listings that are in breach of our terms and conditions and remove any products at our reasonable discretion.

2.3 Warranties

You must provide Customers with clear and accurate information regarding all products listed, as well as all consumer statutory rights and warranties, whether express or implied, which shall solely be borne by you.

YOU ACCEPT TO BE SOLELY RESPONSIBLE FOR THE PRODUCTS’ QUALITY, FEATURES, SAFETY, ADEQUATE PACKAGING, NUTRITIONAL INFORMATION CONTAINED ON LABELS OR ADVERTISED ONLINE, NAMES, MARKS, STANDARD LABELS AND ANY PRODUCT RELATED INFORMATION THAT MAY BE REQUIRED OR EXPECTED BY CUSTOMERS. ANY DISCLAIMERS, NOTICES, WARNINGS OR PRODUCT RESTRICTIONS MUST BE CLEARLY STATED.

You undertake to address any issues raised by Customers, including, but not limited to, complaints and refunds in a timely and effective manner.

2.4 Intellectual property

By listing on the website, you grant us a non-exclusive, worldwide, royalty-free right to exercise all copyright, database rights and rights of publicity over the material displayed in your product information and listings that you provide to us in any existing media now or in the future.

2.5 Our fees

We charge commission and setup fees for Restaurants for the use of the platform. This is communicated during the Restaurant registration process. By listing products on the website you agree to pay all such applicable fees.

2.6 Sales and refunds

Orders you receive on the website must only be paid by the customer through the website’s payment facility.

You are responsible for all risk and liability related to supplying the order to the customer and must endeavour to dispatch the item in a timely manner with a speed of dispatch at least as favourable as your declared dispatch speed during your account registration process.

2.7 VAT

It is your responsibility to ensure your products listed include all applicable taxes to deliver goods to Customers, including customs and excise duty, VAT and any other applicable taxes. You are responsible for accounting for all taxes relating to the sale of your products on our website.

2.8 Customer communication

You may not directly communicate with or target marketing (including any statements of your own company website domain) at any Customers of https://gastrosymphony.net, via any means, except for responding to direct messages regarding product queries or orders via our platform. This includes but is not limited to promotional leaflets in packaging, promotional emails, including email signatures or footers with marketing messages, and order acknowledgement or dispatch emails.

2.9 Termination

We will monitor the Restaurants' performance very closely and may reasonably request further information about you or your business activities from time to time. We reserve the right to suspend or terminate your account if you fail to provide us with such information, or if your business conduct or use of the service is detrimental to the quality of the platform in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability or otherwise harmful to our business operation or abusive to Customers.

We reserve the right to suspend or terminate your account if you are in breach of the terms and conditions without notice.

3. Customer terms and conditions

3.1 Purchase

To make a purchase from the website you must register for an account as a customer. Your use of the website implies your acceptance of our terms and conditions and Privacy Policy.

Purchases you make from a Restaurant on the website must only be paid through the website’s payment facility, if Restaurant allows this option. We accept payments using Visa, MasterCard, direct debit etc. Credit card registration is done by a third-party system - Revolut Bank and we will store the Revolut user ID only. We will process the payment for your purchase from the Restaurant and pass the proceeds on to the Restaurant. We reserve the right to refuse to process any transaction for any reason at our sole discretion.

When you place an order, you authorise our payment provider partner to take payment for the purchase price and are deemed to transact, subject to the Restaurant’s terms and conditions. An order is deemed to be accepted by the Restaurant when you receive an email confirmation from the Restaurant.

Your Order will not be completed or transmitted to the relevant Restaurant if any payment you make is not authorised.

If you need to amend or cancel your order after it has been placed and payment has been authorised, please contact our Customer Care team via email at contact@gastrosymphony.net, and they will contact the Restaurant to relay your demands. There is no guarantee, however, that we will be able to reach the Restaurant or that the Restaurant will agree to your demands because they may have already begun processing your Order.

3.2 Delivery

The Restaurants indicate estimated delivery times, which are merely estimates. Neither we nor the Restaurants guarantee that Orders will be delivered within the indicated time frames. By choosing to have your Order delivered, you promise that you will be present at the delivery address you specified to receive the Order.

If you need to change the delivery location after you've made your order, we may be able to change it to another address registered with your account if you notify us before the driver is dispatched and the new address is within the same zone as the one you initially ordered your Item to. If we are unable to change the delivery address, you may cancel the order; however, if food preparation has begun, you will be charged the full price for the Item, and if the item has been shipped, you will also be charged for delivery.

In the event of a failed delivery, you will still be charged for the item and shipping if you caused the failure for whatever reason. Reasons for a failed delivery include (but are not limited to):

3.3 Limitation of Liability

HTTPS://GASTROSYMPHONY.NET DOES NOT REPRESENT OR WARRANT THAT INFORMATION PROVIDED BY RESTAURANTS, SUCH AS NUTRITION, INGREDIENT, ALLERGEN AND OTHER PRODUCT INFORMATION IS ACCURATE OR COMPLETE. HTTPS://GASTROSYMPHONY.NET SHALL NOT BEAR ANY DIRECT OR INDIRECT LIABILITY FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE OR CONTINUED USE OF ANY PRODUCTS OFFERED FOR SALE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE WEBSITE.

In no event shall https://gastrosymphony.net be held liable for online advertisements, editorial features or recommendations about diets and/or particular products or services that may be suggested for particular purposes or expectations. No such representations or recommendations that may be displayed on https://gastrosymphony.net should serve as a substitute for professional advice.

You should not rely solely on the information presented on the website. We recommend that you contact the Restaurant directly in case you have a specific dietary concern or question regarding a product.

3.4 Refunds

If you are dissatisfied with the quality of any Products or the service given by a Restaurant, you should contact the Restaurant directly to submit your complaint and, if appropriate, follow the Restaurant's own complaint processes. If you are unable to reach the Restaurant or the Restaurant refuses to address your issue, you may contact our Customer Care Team via contact@gastrosymphony.net within 7 days of placing your order, and one of our Customer Care Advisers will contact the Restaurant on your behalf to request reimbursement. However, please keep in mind that the legal contract for the supply and purchase of Products is between you and the Restaurant with which you place your order. We have no control over Restaurants or the quality of their products or services, and we are unable to give and bear no obligation or liability for, any compensation on behalf of any Restaurant.

We have the right to decline or cancel any orders placed where prices or information appear to be incorrect, due to typographical error or otherwise, whether or not the order has been confirmed. In case such cancellation occurs after your credit card was charged, we will issue an immediate and full refund for the transaction amount to the payment method used.

3.5 Third-party links

From time to time, as part of your use of the Gastro Symphony platform, you may be able to purchase goods, services or content (or similar) from a third party as a result of clicking a link to a site operated by a third party through our website. Any contract you enter into for the purchase of goods and services (or similar) from a third party shall be governed by the terms and conditions of the relevant third-party supplier. We have no liability to you in respect of any third-party goods, services or content (or similar) purchased by you from a third party as a result of your use of the Gastro Symphony website.

We may earn a commission from third parties in respect of any goods, services or content (or similar) purchased by you from a third party as a result of your use of the Gastro Symphony platform.

As the Gastro Symphony platform may contain links to sites operated by third parties, we have not reviewed and do not review such sites and are not responsible for the content of nor accept any liability howsoever arising in respect of any of such sites.

The presence of links to third-party sites is not intended to and shall not constitute a recommendation by us of such sites nor of any goods, services, content, advice or information posted on them.

3.6 Linking to the Gastro Symphony Website

You may link to the home page of our Site or to our applications on the appropriate application site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

Gastro Symphony must not be framed on any other site, nor may you create a link to any part of the Gastro Symphony other than the home page of our Site.

We reserve the right to withdraw linking permission without notice. Any linking must comply in all respects with our terms and conditions. If you wish to make any use of material on the Gastro Symphony website other than that set out above, please address your request to contact@gastrosymphony.net.

3.7 User Content

We will not own the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to us through the Website or its associated services (collectively "Submissions''). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting us, its affiliated companies and necessary third parties a license solely to enable us to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission.

No compensation will be paid in relation to the use of your Submission, as provided in these Terms and Conditions. We are under no obligation to post or use any Submission you provide and may remove any Submission at any time at our sole discretion. By providing a Submission to us through the Website, it becomes possible for a third-party website or a third-party person to re-post that Submission. You agree to hold us harmless for any dispute concerning this use.

By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You agree that the Submissions you submit will not contain third-party copyrighted material or material that is subject to other third-party proprietary rights unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. You further agree that you will not submit on the Website any Submissions or other material that is contrary to applicable local, national, and international laws and regulations.

We do not endorse any Submission submitted to the Website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with the Submissions. We do not permit copyright infringing activities and infringement of intellectual property rights, and we will remove all Submissions if properly notified that such Submission infringes on other intellectual property rights. We reserve the right to remove Submission without prior notice.

3.8 Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy, which explains how we treat your personal information and protect your privacy. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, at our discretion.

3.9 Termination

We reserve the right to suspend or terminate your account if you are in breach of the terms and conditions without notice.

4 No partnership or agency

Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties.

5 Disputes

Whilst we are not a party to the transaction, we may try to help users resolve disputes.

Where a customer and Restaurant are unable to resolve a dispute resulting from a transaction that occurred on the platform, they may resort to us by contacting us at contact@gastrosymphony.net.

For the avoidance of doubt, we have no obligation to resolve disputes and will consider to do so at our sole discretion and based solely on our policies.

You release Gastro Symphony (and Gastro Symphony's directors, officers, employees and representatives) from any and all claims, demands, and damages, including consequential loss of every kind and nature arising out of or in any way connected with disputes between Customers and Restaurants or external parties.

6 Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of Slovakia. Any matters arising in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of Slovakia.

 

This document was last updated on September 28, 2023

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