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Terms of Use

Last Updated: November 2017


User Terms of Service

By using the GetDayOffer Service, you (the User) agree to these Terms of Service. Please read the following Terms of Service carefully before using the GetDayOffer Service. If you do not agree with the Terms of Service, please do not use the GetDayOffer Service. These Terms of Service apply to any use of the GetDayOffer Service and to the Purchase Agreements between a Partner and the User. A more detailed description of the GetDayOffer Service and information on system requirements is available at getdayoffer.com. If you register as a company, association or any other legal entity, you represent and warrant that you are authorized to bind the entity into these Terms of Service.

  1. Definitions

“Partner” means a restaurant or other service partner who has signed a partner agreement with GetDayOffer and who offers its products and delivery services, if applicable, through the GetDayOffer Service.

GetDayOffer” means GDO Software s.r.l. Via Einstein - Loc. Cascina Codazza 26900, Lodi - ITALY,

GetDayOffer App” means a digital application called GetDayOffer provided by GetDayOffer for natural and legal persons to order products from GetDayOffer’s Partners.

GetDayOffer Service” means both GetDayOffer App and GetDayOffer website getdayoffer.com and other additional locations as mentioned at getdayoffer.com

User” means a natural or legal person using the GetDayOffer Service.

  1. Identity of GetDayOffer

Name:

GDO Software s.r.l.

Trade name:

GetDayOffer

Geographical and correspondence address:  

Loc. Cascina Codazza 26900, Lodi - ITALY

Chamber of Commerce number:

VAT identification number:

E-mail address:

support@getdayoffer.com

Time(s) at which GetDayOffer can be contacted:   

Monday – Saturday 10.30 – 22.00 local time
Sunday 12.00 – 22.00 local time

Information about the identity and products and services of the Partners will be provided through the GetDayOffer App and GetDayOffer Website.

  1. Description of the GetDayOffer Service

3.1. GetDayOffer acts as an intermediary between the User and the Partners and provides a platform on which the User can preorder (food) products, picking up and collecting an Order from the Partner of his/her choice.

3.2. The Partners provide the information about their products and services in the GetDayOffer Service, including information on menus and product prices. The sale and purchase of the Partner’s products and services may be subject to additional terms and conditions of the Partners as set out in the GetDayOffer Service. When selecting the Partner’s products and services that the User wishes to purchase from the Partner, the User makes a binding order to purchase the products and services from the Partner on the terms and conditions presented to the User in the GetDayOffer Service before placing the order (“the Order”). After having received the Order, GetDayOffer will transmit the details of the Order to the Partner. When the Order is accepted by the Partner, the User and the Partner enter into a legally binding agreement for the purchase of the Partner’s products and services ordered by User on the Order (“the Purchase Agreement”). GetDayOffer will provide the User with an order confirmation and receipt on behalf of the Partner.

3.3. The Partner selected by the User will prepare the products set out on the Order to the User. GetDayOffer is not responsible or liable towards the User for the (proper) execution of the Purchase Agreement by the Partner.

3.4. After the Order has been placed by the User, the Order can be cancelled by the User. You can cancel an Order for products once you have placed it. Prior to placing an Order for a product or service you should carefully review your selection.

  1. User Accounts

4.1 In order to use the GetDayOffer Service, the User can create a user account by following the registration instructions in the GetDayOffer Service. The GetDayOffer Service credentials are personal. The User shall ensure that any user account credentials and equivalent information required to access the user account of the User are kept confidential and used in a secure manner not accessible by third parties. A User can have only one user account.

4.2 Where it is suspected that any unauthorized person has become aware of a User’s user account credentials or has access to the user account of the User, the User shall immediately inform GetDayOffer thereof. The User shall be responsible for any use of the GetDayOffer Service and any activity under the user account of the User.

  1. GetDayOffer Credits and Tokens

5.1. The Users of the GetDayOffer Service can obtain GetDayOffer credits or tokens e.g. by inviting new users to sign up to the GetDayOffer Service. The User can use GetDayOffer Credits and Tokens to get discount on their purchases in the GetDayOffer Service.

5.2. GetDayOffer may unilaterally determine the conditions applicable to the granting, use and validity of the GetDayOffer Credits and Tokens.

5.3. Any signing-up bonus credits or tokens can be used only once.

5.4. GetDayOffer Credits and Tokens cannot be exchanged to cash.

5.5. The GetDayOffer Credits and Tokens will be nullified if GetDayOffer detects any abuse of GetDayOffer Credits or Tokens or suspects or detects that GetDayOffer Credits or Tokens have been granted on incorrect grounds. In such cases, GetDayOffer shall invoice the amount that was paid using such GetDayOffer Credits or Tokens.

  1. Picking up and collecting an Order at the Partner’s point of sale

6.1. If the User has ordered the collection at the Partner’s point of sale, the products can be collected at the point of sale of the Partner at which the User placed the Order. The User will receive a separate electronic confirmation when the products are ready for collection. The Partner or GetDayOffer may set conditions for the identification of the User when picking up the products set out in the Order.

6.2. The Partner shall retain the ordered products for 60 minutes after the Partner has notified the User that the Order is ready for collection. However, this obligation is limited to the opening hours of the particular Partner’s point of sale and the Order has to be collected before the closing time of the Partner.

  1. Eat-in Order

7.1. If the User has selected the option to consume the products set out in the Order at the point of sale of the Partner, the User will receive a separate electronic confirmation about the expected time the products will be ready to be consumed at the Partner’s point of sale.

  1. Time estimates

8.1 Any pick-up time or other time estimate communicated to the User by the Partner or GetDayOffer in the GetDayOffer Service are only estimated times. There is no guarantee that the Order will be delivered or available for pick-up or consumption at the estimated delivery time. Delivery times of the products may also be affected by factors such as traffic jams, rush hours and weather conditions.

  1. Intellectual Property Rights

9.1 All Intellectual Property Rights in or related to the GetDayOffer Service and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of GetDayOffer and/or its subcontractors/licensors. “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.

9.2 These Terms of Service do not grant the User any Intellectual Property Rights in the GetDayOffer Service and all rights not expressly granted hereunder are reserved by GetDayOffer and its subcontractors/licensors.

  1. Additional Provisions for use of the GetDayOffer Service

10.1 The GetDayOffer Service is only available to persons of the age of 18 years or older.

10.2 The User shall observe all applicable rules and regulations when using the GetDayOffer Service, including the purchase of alcohol and tobacco.

10.3 We are constantly developing the GetDayOffer Service and we may change or remove different parts of the GetDayOffer Service, including features, the products and Partners available in the GetDayOffer Service in part or in whole.

10.4. By using the GetDayOffer Service, the User may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. GetDayOffer generally does not review content provided by the Partners. GetDayOffer is not responsible for third parties' (including the Partners') content or information or for any damages arising as a result of the use of or reliance on it.

10.5 You shall be responsible for obtaining and maintaining any devices or equipment (such as telephones) and connections needed for access to and use of the GetDayOffer Service and all charges related thereto.

10.6 The User will not: (i) use or attempt to use another person’s GetDayOffer account and/or access another person’s payment data on the GetDayOffer Service or use another person’s payment cards when using the GetDayOffer Service, without consent of that other person; (ii) copy, modify or create derivative works of the GetDayOffer Service or any related technology; (iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the GetDayOffer Services or any related technology, or any part thereof; (iv) remove any copyright, trademark or other proprietary rights notices contained in or on the GetDayOffer Service; (iv) remove, cover or obscure any advertisement included on the GetDayOffer Service; (v) collect, use, copy, or transfer any information obtained from the GetDayOffer Service without the consent of GetDayOffer; (vi) use bots or other automated methods to use the GetDayOffer Service; (vii) create a GetDayOffer account using a fake identity or an identity of another person; and (viii) access the GetDayOffer Service except through the interfaces expressly provided by GetDayOffer, such as the GetDayOffer App and GetDayOffer Website.

10.7 GetDayOffer is entitled to remove a User from the GetDayOffer Service with immediate effect and/or refuse or cancel any Orders from a User if (i) the User abuses the GetDayOffer Service or causes any harm or detriment to the use of the GetDayOffer Service or the Partners and/or GetDayOffer, (ii) the User places a false Order (for example by not paying or by not being present on the delivery or collection location in order to receive the Order) or otherwise fails to comply with his obligations arising from these Terms of Service; (iii) if there is reasonable doubt about the correctness or authenticity of the Order. If GetDayOffer cancels an Order that has already been paid for, GetDayOffer shall transfer that amount into the same account as the one from which the payment was made by the User.

10.8 GetDayOffer shall process any personal data collected from the User in accordance with the GetDayOffer Privacy Statement

  1. Term and termination

11.1 These Terms of Service are in force as a binding agreement until further notice as long as the User is using the GetDayOffer Service.

11.2 The user can discontinue the use of the GetDayOffer Service at any time. GetDayOffer can discontinue providing the GetDayOffer Service permanently or temporarily at any time.

  1. Limitation of Liability

12.1 The following section is only applicable to non-consumer Users of the GetDayOffer Service: Under no circumstances shall GetDayOffer be liable to the User for any indirect damages, including lost profits, lost sales or business, lost data or business interruption, or for any direct damages in excess of the amounts actually retained by GetDayOffer from the User in the three (3) months preceding the event giving rise to the claim.

  1. Complaints

13.1 Please note that the GetDayOffer Service may at any time be interrupted or permanently discontinued. The GetDayOffer Service may also be temporarily suspended. Do not use the GetDayOffer Services for backing up any data.

13.2 The Partner is committed to prepare the Order in accordance with the features ordered by the User and within the time shown on the GetDayOffer Service. If there are any defects in the (delivery of the) Order, the User may contact either the customer service of GetDayOffer, acting on behalf of Partner, through the in-app customer support chat or at support@getdayoffer.com or the Partner directly.

13.3 The Partner is solely liable for any defects in the contents and preparation of the Order or other shortcomings in the performance of the Purchase Agreement.

13.4. The User who has discovered shortcomings in the performance of the Purchase Agreement must submit any complaints to GetDayOffer or the Partner without delay, with clear descriptions of said shortcomings.

  1. Applicable Law and Dispute Resolution

14.1 These Terms of Service shall be governed by and shall be construed in accordance with the laws of Finland. If you are a consumer domiciled in the EU, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile. A consumer may always institute proceedings in the district court of its domicile. Parties may also use the ODR platform managed by the European Commission to settle their disputes. This platform can be found on http://ec.europa.eu/odr 

  1. Amendments

15.1 These GetDayOffer Terms of Service are subject to amendments.

17.2 GetDayOffer shall publish the amended GetDayOffer Terms of Service at the GetDayOffer Website and shall inform the User that the GetDayOffer Terms of Service have been amended on the GetDayOffer Service or by email to the email address submitted to the GetDayOffer Service by the User. If the User does not agree to any amended GetDayOffer Terms of Service, he/she shall discontinue the use of the GetDayOffer Service.

  1. Assignment

16.1 GetDayOffer shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to GetDayOffer Service without the User’s prior consent.

16.2 The User shall not be entitled to assign any of its rights or obligations hereunder in whole or part.

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