Last updated on 17.5.2017
Terms and conditions
Lunchie Market is a marketing platform accessible at www.lunchie.market, my.lunchie.fi and through Lunchie Market’s mobile applications and the Lunchie Market widgets integrated into third party websites (together, the ” Lunchie Market Platform”) that connects Lunchie Market users (“users”, “you” or “your”) with merchants (“Merchants”) to enable you to buy food products offered by Merchants (“Food Item”). A more detailed description of the Lunchie Market Platform and information on system requirements available on www.lunchie.market. The Lunchie Market Platform is made available by Lunchie Oy (“Lunchie Market “, “Lunchie”, “us”, “we” or “our”), a company registered in Finland (business ID 2749238-3) with post address at Hämeentie 62 B14, 00500 Helsinki, Finland.
Special Terms for Merchants
If Lunchie Market makes any substantial changes or changes that have an adverse effect on your rights hereunder, we notify you by posting notice of the change on the Lunchie Market Platform and/or by sending you an e-mail to the e-mail address that is registered with your account. These changes will not apply to Food Items purchased prior to the effective date of such changes. Any changes will be effective immediately for new users of the Lunchie Market Platform and Food Item purchased after the effective date.
Registration and Use
In order to use the Lunchie Market Platform, you must complete all required information elements on the registration page of the Lunchie Market Platform, including, in some instances, providing a valid credit card or other payment method. You agree to pay for all applicable fees, purchases and other obligations arising from your use of the Lunchie Market Platform. You must provide current, complete and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of the Lunchie Market Platform or to purchase Food Item. We facilitate processing the payment for purchased Food Item, but we reserve the right to delay or cancel processing of suspicious transactions or transactions which may involve fraud, misconduct or violations of law.
References to “content” herein refer to all aspects of the Lunchie Market Platform, including but not limited to all products and services (including Food Item) offered via the Lunchie Market Platform, as well as all text, images, photos, video, audio, source code, articles, design, and all other forms of data or communication created, posted, displayed, or transmitted by or onto the Lunchie Market Platform.
You acknowledge that, although we strive to provide a secure environment, there may be interruptions in service or other events that are beyond our control. Lunchie Market shall not be responsible for any data lost while transmitting information over the internet. While we strive to make the Lunchie Market Platform accessible 24 hours per day, 7 days per week, the Lunchie Market Platform may be unavailable from time to time for any reason, including without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside our control, access to the Lunchie Market Platform may be interrupted, suspended or terminated from time to time.
Lunchie Market shall have the right at any time to change or discontinue any aspect or feature of the Lunchie Market Platform, including, but not limited to, content, hours of availability, equipment needed for access or use, and Food Items available. Further, Lunchie Market may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
Purchasing Food Item and Additional Terms and Conditions
All Food Items offered on the Lunchie Market Platform may be subject to additional terms and conditions of the Merchant. Any such terms and conditions are set forth on the Lunchie Market Platform. By making a purchase, you acknowledge and agree to such terms and conditions: By selecting Food Item to purchase, you make an offer to purchase the Food Item you have selected from the offering Merchant on the terms and conditions presented to you at the time of purchase.
All conditions associated with the lawful sale and service of Food Item by the Merchant are the responsibility of the Merchant, and may be subject to additional regulatory conditions and restrictions including but not limited to age verification requirements and restrictions associated with the delivery of alcoholic beverage products to certain consumers.
From time to time, Lunchie Market may offer special promotions, contests and/ or sweepstakes to provide users with incentives to purchase Food Item using the Lunchie Market Platform. The discounts can be up to 50% of the standard price and the campaigns can continue for a week max. There can be only one discount code per user during a campaign.
Sale of alcohol
Persons placing an order that includes alcohol from our Partner Restaurants in Lunchie Market must be aged 18 or over. Alcoholic beverages can only be sold to persons aged 18 or over. By placing an order that includes alcohol, you confirm that you are at least 18 years old.
All the Partner Restaurants have the obligation to refuse to give any alcohol to any person who does not appear, or cannot prove they are, aged 18 or over. Partner Restaurants also reserves the right and the obligation to refuse to give any alcohol to any person who is, or appears to be,
under the influence of either alcohol or drugs.
Food Items Are Nontransferable
When you purchase a Food Item, only you have the right to claim it. You cannot transfer the right to receive the Food Item to anyone else. The right to receive a Food Item comprising an alcoholic beverage is subject to the Merchant’s obligation to comply with all applicable laws and regulations associated with the sale and service of alcoholic beverages.
Food Items are purchasable and billed on a one-time basis. You hereby authorize us to charge, on behalf of the Merchant, the credit card or other payment method you have on file in connection with purchases of Food Item.
Charges For Merchants
Stripe Fee for Payments is as follows: For payments up to €5.00: 5% + €0.05 per transaction. For +5 € payments is 1.4% + €0.25 for European Visa & Mastercard / per transaction and 2.9% + €0.25 for non-European Visa & Mastercard + American Express / per transaction. Stripe Fee is divided between a merchant and Lunchie Oy based on a commission percentage earnings.
No Refunds or Exchanges
Equipment and Mobile Applications
You shall be responsible for obtaining and maintaining your Devices and all telephone and other equipment needed for access to and use of the Lunchie Market Platform and all charges related thereto. Lunchie Market shall not be liable for any damage to your Devices or other equipment resulting from the use of the Lunchie Market Platform.
Lunchie Market’s mobile applications allow users to access many features of the Lunchie Market Platform through a mobile device. If you use the applications you are responsible for any fees that your phone service provider may charge for connection, subscription, roaming, SMS, data, etc. Lunchie Market is not affiliated with any phone service providers.
Privacy, Security and Passwords
Use of the Lunchie Market Platform and Restrictions
- Exploit the Lunchie Market Platform or its service to access unauthorized information;
- Advertise or perform any commercial, religious, political or noncommercial solicitation, including, but not limited to, the solicitation of users of the Lunchie Market Platform to become users of other on- or off-line services directly or indirectly competitive or potentially competitive with Lunchie Market.
- Copy (including by taking screenshots), publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content of the Lunchie Market Platform, in whole or in part, without our prior consent;
- Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam (sending the same message multiple times or to multiple people will be treated as spam), chain letters, contests, pyramid schemes, surveys, or any other form of solicitation or mass messaging, whether commercial in nature or not;
- Knowingly transmit any material that contains adware, malware, spyware, software viruses, TrojanHorse, worm or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Encourage excess or irresponsible consumption of alcohol, the consumption of alcohol by minors, stalk, bully or otherwise harass any other person or other wise engage in or contribute to any other illegality or wrong doing under applicable law;
- Use the Lunchie Market Platform in a manner, or post to the Lunchie Market Platform any material, that infringes or violates any third party rights including breach of confidence, copyright, trademark, patent, trade secret, moral rights, privacy rights, right of publicity, or any other intellectual property or proprietary right;
- Impersonate any individual or entity, or otherwise mis represent your affiliation with any individual or entity;
- Interfere with or disrupt or attempt to disrupt the Lunchie Market Plat form or servers or networks connected to the Lunchie Market Platform, or cause excessive traffic demands on the Lunchie Market Platform’s technology infrastructure, or disobey any requirements, procedures, policies, or regulations of networks connected to the Lunchie Market Platform or our services;
- Circumvent, disable, or otherwise interfere with security-related features of the Lunchie Market Platform or features that prevent or restrict useor copying of any content or enforce limitations on use of the Lunchie Market Platform or the content therein; · Reverse engineer any portion of the Lunchie Market Platform;
- Without Lunchie Market’s permission, process, collect, or record user information or Lunchie Market Platform content, or otherwise access the Lunchie Market Platform using automated means, such as but not limited to robots/bots, spiders, scrapers, or site search/retrieval applications; or
- Contribute content that contains restricted access mechanisms, hidden content of any kinds, or utilize SQL injection or cross site scripting methods.
- Each user agrees that it shall use the content of the Lunchie Market Platform, including without limitation (a) the identity of Merchants, (b) information regarding Food Item (including without limitation, prices and discounts) and (c) the identity of Lunchie Market employees, contractors or other agents, solely in connection with making its decision to purchase Food Item. Lunchie Market is not obligated to post any material that you submit via the Lunchie Market Platform. Lunchie Market has the right to remove any material for any reason (or no reason) including, without limitation, material that Lunchie Market believes to be in violation of the provisions here of or otherwise objectionable.
Copyrights and Trademarks Policy
Everything located on or in the Lunchie Market Platform is the exclusive property of Lunchie Market or is used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE LUNCHIE MARKET PLATFORM WITHOUT THE EXPRESS WRITTEN PERMISSION OF LUNCHIE MARKET IS STRICTLY PROHIBITED. Any violation hereof may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
The Lunchie Market Platform contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics and sounds. The Lunchie Market Platform is protected by copyright under the Finnish (Finland) and international copyright laws. Lunchie Market owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content created by Lunchie Market. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download, print, or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material is permitted without the express permission of Lunchie Market or the copyright owner. If copying, redistribution or publication of copyrighted material is permitted, you shall make no changes in or deletion of author attribution, trademark legend or copyright notice.
You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Material that is located within or on the Lunchie Market Platform otherwise owned or operated in conjunction with Lunchie Market shall not be deemed to be in the public domain but rather the exclusive property of Lunchie Market, unless such site is under license from the applicable licensor, in which case such license is for the exclusive benefit and use of Lunchie Market unless otherwise stated.
You shall not upload, post or otherwise make available (or submit to Lunchie Market for uploading, posting or to be made available) on the Lunchie Market Platform any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By posting content to the Lunchie Market Platform, you hereby represent and warrant that you have the right to post that content and to grant the foregoing rights to Lunchie Market (and its affiliates and sublicensees).
You take full and sole responsibility for all content that you post on the Lunchie Market Platform and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute all content, including obtaining permission from any person shown in a photo that you upload or that is identified in any writing that you post.
Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE LUNCHIE MARKET PLATFORM IS AT YOUR SOLE RISK. NEITHER LUNCHIE MARKET, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE LUNCHIE MARKET PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE LUNCHIE MARKET PLATFORM, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCT (INCLUDING PRODUCTS) PROVIDED THROUGH THE LUNCHIE MARKET PLATFORM.
THE LUNCHIE MARKET PLATFORM IS MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS SECTION DOES NOT LIMIT OUR STATUTORY LIABILITY FOR DEFECTS IN THE LUNCHIE MARKET PLATFORM IN RELATION TO OUR CONSUMER CUSTOMERS OR ANY LIABILTY THAT, BY LAW, CANNOT BE LIMITED OR RESTRICTED, OR YOUR STATUTORY REMEDIES FOR DEFECTS OR DELAYS UNDER ANY APPLICABLE MANDATORY CONSUMER PROTECTION LAWS.
THE FOLLOWING DISCLAIMERS AND LIMITATION OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY USE OF THIS LUNCHIE MARKET PLATFORM AND THE SERVICES THEREON AND ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD CAUSED BY THE LUNCHIE MARKET PLATFORM OR THE SERVICES THEREON, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT LUNCHIE MARKET IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRDPARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. THE FOLLOWING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY IN THE EVENT A REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE.
THE MERCHANTS OFFERING PRODUCTS THROUGH THE LUNCHIE MARKET PLATFORM ARE INDEPENDENT CONTRACTORS AND NOT AFFILIATES, AGENTS OR EMPLOYEES OF LUNCHIE MARKET. LUNCHIE MARKET, ITS AFFILIATES AND EMPLOYEES DISCLAIM LIABILITY FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY MERCHANTS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. LUNCHIE MARKET HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY MERCHANT CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND LUNCHIE MARKET’S DIRECT CONTROL.
IN NO EVENT SHALL LUNCHIE MARKET BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE LUNCHIE MARKET PLATFORM. LUNCHIE MARKET’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY USER DURING THE TWO MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER LUNCHIE MARKET, NOR ITS AFFILIATES, LICENSORS OR CONTENT PROVIDERS (OTHER THAN MERCHANTS) SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE LUNCHIE MARKET PLATFORM OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
THIS SECTION DOES NOT LIMIT YOUR STATUTORY RIGHTS AS A CONSUMER TO CLAIM REMEDIES OR DAMAGES FOR DEFECTS IN THE LUNCHIE MARKET PLATFORM UNDER ANY APPLICABLE MANDATORY CONSUMER PROTECTION LAWS OR ANY LIABILTY THAT, BY LAW, CANNOT BE LIMITED OR RESTRICTED.
Release and Indemnification
The Merchants are the sellers of the Food Items which you are purchasing. Lunchie Market does not control any Merchant, and is not responsible for any costs, harm or damages that occur as a result of, either directly or indirectly, Food Item offered by the Merchants.
You release Lunchie Market and its affiliates, and their respective directors, officers, employees, contractors and agents from any claim or liability arising from or related to (a) any Food Item or other services or products provided by the Merchants and (b) any acts or omissions by users, including users’ failure to comply with applicable law and/or Merchants’ failure to provide Food Item as described in good faith by Lunchie Market (collectively, (a) and (b) are referred to as the “Released Products Claims”). You also agree to defend, indemnify and hold harmless Lunchie Market and its affiliates, and their respective directors, officers, employees, contractors and agents from and against all claims and liability, including attorneys’ fees, arising out of or related to the Released Products Claims.
Not with standing anything herein to the contrary, Lunchie Market shall have the right, exercisable in its absolute and sole discretion, immediately to terminate this Agreement and your Lunchie Market Account and block your access to the Lunchie Market Platform at any time and for any reason. You may immediately terminate this Agreement at any time by discontinuing use of the Lunchie Market Platform and terminating your Lunchie Market Account, where applicable.
Third Party Content and Links
The Lunchie Market Platform may contain content that is submitted by third parties or other users. You acknowledge that by using the Lunchie Market Platform, you may be exposed to content that you find objectionable, or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any third-party content, nor do we make any endorsement claims for the Lunchie Market Platform’s third party content. Lunchie Market has no editorial control over such content, and any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers, or any other users are those of the respective author(s) or distributor(s) and not of Lunchie Market. You therefore use the Lunchie Market Platform and the content at your own risk.
The Lunchie Market Platform, or third party users and members, may provide links to other Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials contained in or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through any third party site or resource. Lunchie Market reserves the right to disable any link or remove any third party content at any time in its sole discretion.