HUNGRYY USER TERMS & CONDITIONS
1. About this Agreement
2. About HUNGRYY
2.1. HUNGRYY is a technology services company. It provides a system to connect You with Driver/Rider/Cyclists and Merchants. HUNGRYY does not provide transportation services, nor act as a transportation carrier or provider, courier, postal services provider, delivery services provider, food and beverage supplier or operator, taxi or private hire operator, nor act as an agent for any such person or entity. All Transportation Services are provided directly by Driver/Rider/Cyclists and Merchants to You, and Driver/Rider/Cyclists and Merchants act as an independent, third party contractor carrying on business on their own account, not under the employment of HUNGRYY.
3. Definitions and Interpretation
3.1. In this Agreement, the following terms have the following meanings:
3.1.1. Account means the registered account You obtain to access the Services;
3.1.2. Affiliate means, in relation to a party, any entity that controls, is under the control of, or is under common control with, that party, where control means the direct or indirect ownership of more than 50 per cent of the voting capital or similar right of ownership of that party or the legal power to direct or cause the direction of the general management and policies of that party, whether through the ownership of voting capital, by contract or otherwise, and controls and controlled shall be interpreted accordingly;
3.1.3. Agreement means this Agreement, all applicable Local Terms and all applicable Specific Terms;
3.1.4. Applicable Law means all applicable laws, by-laws, enactments, regulations, regulatory policies, ordinances, protocols, industry codes, road traffic codes, regulatory permits, regulatory licences or requirements of any court, tribunal or governmental, statutory, regulatory, judicial, administrative or supervisory authority or body, which are in force from time to time during the term of this Agreement;
3.1.5. App Credits means the credits that You as users may be entitled to use via the User Application;
3.1.6. Group Companies means a person and its Affiliates (and Group Company will be construed accordingly);
3.1.7. Local Terms means the supplementary or alternative terms for specific countries, cities, municipalities, metropolitan areas or regions which apply to You, as made available and as updated by HUNGRYY from time to time and available at HUNGRYY USER WEBSITE and which is an inseparable part of this Agreement;
3.1.8. Mobile Device is the smartphone, tablet or other mobile device owned or controlled by You which You use to connect to the Driver/Rider/Cyclist and Merchant Applications;
3.1.10. Services mean the services provided by HUNGRYY to connect individual Driver/Rider/Cyclist or Merchants with You, including via the Driver/Rider/Cyclist and Merchant Applications, the User Application and related software, websites, platforms, and other support systems and services. For the avoidance of doubt, the Services provided by HUNGRYY do not include the Transportation Services themselves, as these are provided by Driver/Rider/Cyclists and Merchants directly to You;
3.1.11. Specific Terms means the supplementary or alternative terms which may apply to certain specific parts of the Services and/or Transportation Services, as may be notified to You from time to time;
3.1.12. System means the system provided by HUNGRYY to connect Transportation Providers with Users, including the Driver/Rider/Cyclist and Merchant Applications and the User Application and related software, websites, platforms, and other support systems and services, including the Websites. For the avoidance of doubt, the System provided by HUNGRYY does not include the Transportation Services themselves, as these are provided by Transportation Providers directly to You;
3.1.14. Territory means the territory in which You are registered to use the Services, as specified in Your Account;
3.1.15. Transportation Provider means the independent third-party service provider who offers Transportation Services having been connected to You via the System;
3.1.16. Transportation Services means the provision of transportation services, including the transportation of goods by Driver/Rider/Cyclists and Merchants to Users;
3.1.17. User means a registered end user of the User Application;
3.1.18. User Application means the electronic application supplied by HUNGRYY for Users to connect with Transportation Providers;
3.1.19. User Fees is defined in clause 8.2;
3.1.20. Vehicle means the vehicle used by a Transportation Provider for the purpose of providing Transportation Services;
3.1.21. Voucher means electronic monetary value or credit that, when validly applied by a User, may be used to offset fees payable by the User for Transportation Services, in accordance with the terms and conditions specified by HUNGRYY; and
3.1.22. Websites means any websites operated by HUNGRYY or its Group Companies from time to time.
3.2. In this Agreement (except where the context otherwise requires):
3.2.1. a reference to “writing” does not include email unless otherwise specified; and
3.2.2. any phrase introduced by the terms “including”, “include”, “in particular”, “for example”, or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. This Agreement is drafted in the English language. If this Agreement is translated into another language, the English language text shall in any event prevail. In the event of any inconsistency, the Local Terms shall prevail over the terms set out in this document.
4. Your responsibilities
4.1. Your Commitment
4.1.1. You represent, warrant and undertake on a continuing basis throughout the term of this Agreement that:
18.104.22.168. You have full power and authority to enter into this Agreement and perform Your obligations under this Agreement;
22.214.171.124. You will comply at all times with all Applicable Laws and the Policies, and will notify HUNGRYY if You are in breach of any Applicable Laws or the Policies;
126.96.36.199. You will only use the Services for lawful purposes and only for the purposes for which they are intended to be used;
188.8.131.52. You shall ensure that any documents and information provided by You (or on Your behalf) to HUNGRYY are at all times accurate, current, complete and not misleading;
184.108.40.206. You shall only use an internet access point and data account which You are authorised to use;
220.127.116.11. You shall not engage in any fraudulent, misleading, deceptive, illegal or criminal conduct; and
18.104.22.168. You shall not impair or circumvent the proper operation of the system or network which the Services operate on.
4.2. Your interactions with Transportation Providers and other Users
4.2.1. Your order for Transportation Services from Transportation Providers creates a direct relationship between You and the Transportation Provider, to which HUNGRYY is not a party. To the maximum extent permitted by Applicable Law, HUNGRYY is not responsible or liable for the acts or omissions of a Transportation Provider in relation to You. You have the sole responsibility for any obligations or liabilities to Transportation Providers or any other third parties that arise from Your use of the Transportation Services.
4.2.2. You agree:
22.214.171.124. to treat Transportation Providers and other Users with respect, in compliance with the Policies, and not to engage in any unlawful, threatening or harassing behaviour or activities whilst using the Transportation Services or the System.
126.96.36.199. not to cause any damage to third party property; and
188.8.131.52. not to contact Transportation Providers for purposes other than to receive and use the Transportation Services.
4.2.4. For the avoidance of doubt, HUNGRYY does not endorse any third party providers (including the Transportation Providers), applications or websites that are available or to which You are connected through the System, and in no event shall HUNGRYY, its licensors or any of its Affiliates be responsible for any content, products, services or other materials on or available from such third party providers. Any Transportation Provider ratings are intended to be indicative of ratings provided by other Users but do not constitute an endorsement (or otherwise) by HUNGRYY of that Transportation Provider.
4.3.1. Although the Transportation Provider is solely responsible for the Transportation Services, if You have a complaint about the Transportation Services You have received, HUNGRYY has the right to deal with any such complaints through HUNGRYY’s complaints handling process. You agree to cooperate fully with such process and to submit any complaint You may have via the User Application. HUNGRYY also reserves the right to redirect Your complaint to the relevant Transportation Provider and may choose, but is not obliged, to facilitate discussions with the Transportation Provider. HUNGRYY’s complaints handling process shall not exclude any rights or remedies that cannot be excluded or limited under Applicable Law.
4.3.2. If HUNGRYY receives a complaint from a Transportation Provider or another person about You, HUNGRYY has the right to redirect the complaint to You or deal with such complaint via its complaints handling process. Again, You agree to cooperate fully with such process.
5. Your Account
5.1. In order to access the System as a User, You must register for and maintain an Account as a user of the User Application.
5.2. You are responsible for all activities conducted on Your Account. You:
5.2.1. must only have one Account;
5.2.2. must keep Your Account information (including Your login details and payment details) confidential and secure;
5.2.3. must not provide any other person with access to Your Account, including to transfer the Account or information from Your Account to any other person;
5.2.4. must promptly notify HUNGRYY if You suspect any unauthorised access to or use of Your Account; and
5.2.5. must not, if You are also a Transportation Provider, use Your Account to make an order as a User that You will accept as a Transportation Provider, or otherwise collaborate with other Transportation Providers or Users in any similar scheme.
5.3. HUNGRYY reserves the right to block or deny access to Your Account, and/or block features available in the User Application, without prejudice to its other rights and remedies:
5.3.2. during an investigation;
5.3.3. if You owe any money to HUNGRYY or its Group Companies;
5.3.5. at any other time in HUNGRYY’s reasonable discretion.
6. Your use of the System
6.1. Rights granted and reserved
6.2. Prohibited conduct
6.2.1. In using the System, You shall not:
184.108.40.206. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the System in any way;
220.127.116.11. modify or make derivative works based on the System, or reverse engineer or access the underlying software for any reason;
18.104.22.168. use the System to build a competitive product or service, build a product using similar ideas, features, functions or graphics as the System, copy any ideas, features, functions or graphics of the System, or launch an automated program or script which may make multiple server requests per second, or which unduly burdens or hinders the operation and/or performance of the System, or attempt to gain unauthorised access to the System or related systems or networks;
22.214.171.124. use any application or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure, presentation or content of the System;
126.96.36.199. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, or remove any copyright, trademark or other proprietary rights notices contained in the System;
188.8.131.52. send or store any material for unlawful or fraudulent purposes;
184.108.40.206. send spam or other unsolicited messages;
220.127.116.11. send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material;
18.104.22.168. send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
22.214.171.124. interfere with or disrupt the integrity or performance of the System or the data contained therein;
126.96.36.199. impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
188.8.131.52. deliberately misrepresent Your location, or make or receive orders for Transportation Services other than via the User Application or which are fake;
184.108.40.206. cause nuisance, annoyance, inconvenience, harassment, personal injury or property damage, whether to HUNGRYY (and its officers, directors, members, employees and agents), any Transportation Provider, or any other party; or
220.127.116.11. damage HUNGRYY’s or any of its Group Companies’ reputation in any way.
6.3. Restrictions on Your use of Transportation Services
6.3.1. You shall not use the Transportation Services to:
18.104.22.168. commit a crime or do anything contrary to Applicable Law; or
22.214.171.124. harm or injure another person or infringe another person’s rights.
6.3.2. Where the Transportation Services involve a Transportation Provider transporting, obtaining or purchasing items on Your behalf, You agree and grant to the Transportation Provider the full power and authority necessary for the Transportation Provider to do so.
6.3.3. Transportation Providers are required to agree that they will be careful and provide the Transportation Services safely. However, You are ultimately responsible for Your own safety in Your use of the Transportation Services, and You shall take all necessary precautions.
7. Your Mobile Device
7.1. Your access to the User Application will be through a Mobile Device. It is Your responsibility to check and ensure that You download the correct software (including the latest version of the User Application) for Your Mobile Device. HUNGRYY is not liable if You do not have a compatible device or if You do not have the latest version of the software (including the latest version of the User Application) for Your Mobile Device.
7.2. If a Mobile Device is lost, stolen, broken and/or no longer in Your possession, and this exposes Your Account information to someone else or otherwise affects HUNGRYY’s legal rights and/or remedies, You must immediately notify HUNGRYY and follow the procedures notified by HUNGRYY.
7.3. You are solely responsible for having in place an appropriate internet and mobile plan and for any fees charged by Your telecommunications service provider, such as telephone, SMS and internet data fees. You acknowledge that Your use of the System may consume large amounts of data and that You will be solely responsible for such usage and the associated fees.
8. Financial terms
8.1. User Application
8.1.1. The download and/or use of the User Application is provided for You to use the System and is provided on a royalty-free basis. HUNGRYY reserves the right to charge a fee for all support and services You obtain, directly or indirectly, through the use of the System, as notified to You by HUNGRYY from time to time (including via the Policies).
8.2. User Fees
8.2.1. Transportation Providers are entitled to charge You a fee for the Transportation Services, which may include:
126.96.36.199. a fee for each instance of Transportation Services;
188.8.131.52. any tolls, road-usage charges, parking charges, and building or area entrance charges necessarily incurred by the Transportation Provider when You or the goods are on- board the Vehicle during (but not before or after) such provision of Transportation Services;
184.108.40.206. any applicable cancellation or other charges in accordance with HUNGRYY’s prevailing Policies; and
220.127.116.11. any applicable taxes calculated in accordance with Applicable Law (together, the User Fees). The fee for each instance of Transportation Services, any cancellation or other charges and/or taxes (as applicable) will be calculated via the User Application and all other charges will be manually entered by the Transportation Provider into the Driver Application and are payable by You via the User Application or otherwise in accordance with the Policies.
8.2.2. The fee component of User Fees may increase based on demand and other factors in Your location. HUNGRYY will always endeavour to inform You about any such increase via the User Application and it is Your responsibility to review the User Fees (or the basis on which they will be calculated) carefully before electing to purchase Transportation Services. You will be deemed to be aware of, and You accept responsibility for, all User Fees incurred under Your Account.
8.2.3. HUNGRYY may update the basis on which User Fees are calculated via the System at any time in its absolute discretion. Any User Fees on or after the date on which the update takes effect shall be subject to the updated calculation.
8.2.4. The User Application may provide You with an option to cancel certain Transportation Services before such Transportation Services commence. If You choose to do so, You may be required to pay a cancellation charge in accordance with HUNGRYY’s prevailing Policies.
8.2.5. When using Transportation Services, You must make Yourself available at Your designated pick-up location by the relevant time specified via the User Application or the relevant Policies. If You fail to do so, the Transportation Provider is entitled to cancel the Transportation Services and You may be charged a cancellation charge, or other applicable charges, in accordance with HUNGRYY’s prevailing Policies.
8.3.1. In order to promote usage of the System, HUNGRYY may from time to time, in its sole discretion, offer promotions based on You meeting specified criteria and complying with specified conditions. You may choose whether or not to participate in the promotion. If You do decide to participate, Your right to benefit from the relevant promotions is conditional on You meeting all of the specified criteria and complying with all of the specified conditions, to HUNGRYY’s reasonable satisfaction. If You do not do so, You will not be entitled to the benefits of the relevant promotions. You agree that You will only use such promotions for their intended use and will not abuse, duplicate, sell or transfer the promotions in any manner. You also understand that the promotions cannot be exchanged for cash and may expire on a certain date, even before You use them.
8.4.2. In using the non-cash payment method, You grant to HUNGRYY the full power and authority to debit the same using the default payment method designated in Your Account and remit the User Fees on Your behalf to the Transportation Provider, after deduction (where applicable) of the relevant amounts by HUNGRYY in accordance with its arrangements with the Transportation Providers.
8.4.3. All payments must be in the local currency in the Territory.
8.4.4. If App Credits are available in Your Territory, Your use of App Credits may be subject to Specific Terms and Local Terms. Please check these carefully before using App Credits. HUNGRYY may at its absolute discretion reject Your request to purchase App Credits for any reason. For the avoidance of doubt, App Credits are not redeemable for cash, are not refundable under any circumstances and cannot be resold or exchanged for value.
8.4.5. If You are have been incorrectly charged a fee, you may contact us via the User Application or by email to firstname.lastname@example.org for assistance. HUNGRYY has sole discretion in determining whether to process any refund or return of payment to You and the mode of such refund or return of payment (including by way of Vouchers).
8.5.2. You agree to do everything necessary and required by Applicable Law to enable, assist and/or defend HUNGRYY to claim or verify any applicable input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the System and/or the Transportation Services.
9. Indemnities and liability
9.1.1. You shall defend, indemnify and hold harmless HUNGRYY, its licensors and each such party’s Affiliates and their respective officers, directors, members, employees and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs) arising out of or in connection with:
18.104.22.168. Your use of the System and/or the Transportation Services, including:
22.214.171.124.1. any claim by You or a person acting on Your behalf that any HUNGRYY or its Group Companies, rather than a Transportation Provider, is the provider of the Transportation Services;
126.96.36.199.2. any third-party claims (including claims by any Transportation Providers) arising from Your use of the System and/or the Transportation Services; and
188.8.131.52.3. in respect of any items that You purchase, obtain and/or transport using the Transportation Services.
9.2. Basis on which the System is provided
9.2.2. Without limitation to clause 9.2.1, HUNGRYY makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the System, or that the System will be uninterrupted or error-free, or will operate in combination with any other hardware, software, system or data, or that any data will be accurate or reliable.
9.2.3. HUNGRYY does not provide and is not responsible for providing or ensuring the provision of the Transportation Services. HUNGRYY does not guarantee the quality, suitability, safety or ability of the Transportation Providers or any other third-party providers.
9.2.4. The System may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by You or the Transportation Provider being faulty, not connected, out of range, switched off or not functioning. HUNGRYY is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
9.2.5. Timelines specified for Transportation Services are, unless expressly agreed otherwise by HUNGRYY in writing, indicative. Neither HUNGRYY nor the Transportation Providers make any warranty, representation or undertaking that specified timelines will be met.
9.3. Exclusions and limitations of liability
9.3.2. To the maximum extent permitted by Applicable Law, HUNGRYY shall not be liable for:
184.108.40.206. indirect, incidental, special, exemplary, punitive or consequential damages;
220.127.116.11. loss of use, lost profits, lost data, lost business, lost goodwill, lost contracts or lost opportunity; and
18.104.22.168. personal injury or property damage,
arising from, related to or otherwise in connection with the System or the Transportation Services, whether in contract, tort, breach of statutory duty or otherwise.
10. Term and termination
10.2.1. at any time for any reason by giving notice to You; and
10.4.1. promptly (and in any event within three (3) days), pay any money owed to HUNGRYY (which shall become immediately due and payable on termination or expiry), including any outstanding payments in connection with Transportation Services ordered by You prior to termination or expiry; and
10.4.2. immediately delete and fully remove the User Application from Your Mobile Device.
13.1. HUNGRYY shall not be liable for delay or failure in performance resulting from causes beyond HUNGRYY’s reasonable control.
13.2. You shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of HUNGRYY or any of its Affiliates.
13.9. HUNGRYY may give notice to You by means of a general notice published on the User Application, the Website, the Policies, or to Your email address set out in Your Account. You must give notice to HUNGRYY by email to email@example.com.