Last updated on 17.5.2017

 

Terms and conditions

Acceptance of Terms of Use

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.

 

Acceptance of Terms of Use

Registering an account with Lunchie Market (your “Lunchie Market Account”) and/or accessing the Lunchie Market Platform from your mobile device, your computer or other hardware (your “Device”), and/or connecting the Lunchie Market Platform to your Facebook or other social network account, and/or at any time clicking “I AGREE” or such other button, link or click- through, constitutes your agreement to these Terms of Use (the “Terms of Use”) and to our Privacy Policy (available at www.Lunchie Market.fi/privacy.html or through the Lunchie Market Platform), which collectively form a legally binding agreement between you and Lunchie Market (the “Agreement”). Your right to use the Lunchie Market Platform is conditioned upon compliance with these Terms of Use and our Privacy Policy. We urge you to read these Terms of Use and our Privacy Policy carefully before accessing the Lunchie Market Platform. If you do not agree to these terms of this Agreement, you may not download the software or access or use the Lunchie Market Platform.

 

Special Terms for Merchants

Merchants also have to register a Lunchie Market Account and abide, as applicable, by these Terms of Use and the Privacy Policy (for which purpose the Merchants shall be considered “users” of the Lunchie Market Platform). In addition, each Merchant must enter into a separate Merchant agreement (“Merchant Agreement”) with Lunchie Market. In the event of a conflict between the terms of the Terms of Use or the Privacy Policy on one hand and the terms of the Merchant Agreement on the other hand, the terms of the Merchant Agreement will prevail.

 

Modifications of these Terms of Use

Lunchie Market may, in its sole discretion, modify or revise these Terms of Use (and the Privacy Policy) at any time by posting the amended terms on the Lunchie Market Platform whereupon the changes enter into force with immediate effect. Such changes may include, among other things, the addition of certain fees or charges. As an existing user of the Lunchie Market Platform, it is important that you review the updated Terms of Use whenever we modify them because if you continue to use the Lunchie Market Platform after we have posted modified Terms of Use on the Lunchie Market Platform, you are indicating to us that you agree to be bound by the modified Terms of Use after a period of one (1) month from the publication of the updated Terms of Use. If you do not agree to be bound by the modified Terms of Use, then you may not use the Lunchie Market Platform anymore.

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.

If you register a Lunchie Market Account for a company or any other legal entity, you confirm that such entity and each person using the Lunchie Market Account in the name of such entity accepts these Terms of Use. If you register a Lunchie Market Account as a private person, you confirm that you are at least 18 years old or that you are at least 13 years old and have obtained your legal guardian’s consent where necessary. Any access to or use of the Lunchie Market Platform by anyone under 13 is expressly prohibited.

 

User Responsibilities

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 agree that: (i) you will comply with these Terms of Use while using or accessing the Lunchie Market Platform; (ii) you will take all appropriate measures to keep your password secure and confidential and to keep your account information updated and accurate; and (iii) you will notify us immediately of any unauthorized use of your account.

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.

 

Charges

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

Once your purchase of a Food Item is completed, the Food Item cannot be returned or refunded by either Lunchie Market or the Merchant. You cannot withdraw or cancel a purchase of a Food Item through the Lunchie Market Platform once you have placed your order. Lunchie Market advises that prior to placing an order for a Food Item you carefully review your selection. Once you have purchased a Food Item, you agree to not dispute or otherwise seek a “chargeback” from the credit card or other payment method you used. If you have a question about a charge, you agree to contact us via the Lunchie Market Platform or at the e-mail address provided in the Contacts and Notices section of these Terms of Use.

 

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

For information on how we collect, use and disclose information from our users, please view our Privacy Policy (available at  http://lunchie.market/privacy-policy/ ‎). We never send your login credentials in clear text and we ensure that whenever we send that data across the Internet, it is always encrypted.

We have several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your user name, passwords or account. It is your sole responsibility to (1) control the dissemination and use of your user name and passwords; (2) authorize, monitor, and control access to and use of your Lunchie Market Account, user name, and password; (3) promptly inform Lunchie Market of any need to deactivate a user name or password. You are fully responsible for all activities that occur under your Lunchie Market Account, whether or not you know about them.    Subject to our Privacy Policy and these Terms of Use, you grant Lunchie Market and all other persons involved in the operation of the Lunchie Market Platform the right to use (including without limitation to transmit, monitor, retrieve and store) your information in connection with the operation of the Lunchie Market Platform. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Lunchie Market Platform.

 

Use of the Lunchie Market Platform and Restrictions

Subject to the restrictions in these Terms of Use, Lunchie Market hereby grants you a limited, revocable, non-exclusive, non-assignable license to access and use the Lunchie Market Platform (and in regard to any application to download, install and run such application on a Device that you own or control) and access its services solely for your personal use in compliance with these Terms of Use and as intended through the normal functionality of the Lunchie Market Platform and its services. Except for the limited license to use the Lunchie Market Platform set forth in the preceding sentences, when you use the Lunchie Market Platform you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Lunchie Market or any of our users. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY LUNCHIE MARKET PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS OF USE. We reserve all rights not expressly granted, in and to the Lunchie Market Platform, its content, and service.    Although we welcome and encourage user interaction on the Lunchie Market Platform, we require that all users restrict any and all activity on the Lunchie Market Platform to that which involves lawful purposes only. In your use of the Lunchie Market Platform and services you agree not to post or transmit through the Lunchie Market Platform any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Lunchie Market’s express prior, written approval, contains advertising or any solicitation with respect to products or services. In addition, in your use of the Lunchie Market Platform and its service you agree that you will not:

 

  • 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).

By submitting any material or content to the Lunchie Market Platform, you hereby grant Lunchie Market a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and transferable right and license to use, reproduce, modify, edit, publicly display or perform, adapt, sublicense, publish, translate, distribute and create derivative works from (in whole or in part) worldwide and/or to incorporate it in other works in any form, for any commercial or non- commercial purpose, including for marketing and promotional purposes, in any media or technology now known or hereafter developed for the full term of any copyright that may exist in such material without limits in time or place, to sublicense those rights and to use the content without your prior approval or the payment of any compensation. You also permit any other user to access, view, store, reproduce, or in any other way use as necessary for the use of the Lunchie Market Platform, the material for that user’s personal use through the functionality of the Lunchie Market Platform and under these Terms of Use.

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.

 

Limited Liability

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.

 

Monitoring

Lunchie Market does not monitor or review the content posted to the Lunchie Market Platform by users. However, Lunchie Market shall have the right, but not the obligation, to monitor the content of the Lunchie Market Platform at all times, including any forums that may be included as part of the Lunchie Market Platform, to determine compliance with these Terms of Use and any operating rules established by Lunchie Market, as well as to satisfy any applicable law, regulation or authorized government request.

 

Release and Indemnification

You understand that you are personally responsible for your behavior while on the Lunchie Market Platform, the content you post and your use of Food Item and the services we provide. You agree to indemnify and hold harmless Lunchie Market and its affiliates, and their respective officers, directors, employees, contractors and agents from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from: your use of the Lunchie Market services or access to the Lunchie Market Platform; your use of Food Item or other services or products provided by the Merchants; any fraud or manipulation by you; your violation of any of these Terms of Use; your violation of any applicable law or the rights of any third party, including without limitation any copyright, property, or privacy right; or any claim that one of your submissions or any of your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Lunchie Market Platform.

 

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.

 

Termination

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.

 

Miscellaneous Terms

These Terms of Use, including any addendums, the Privacy Policy and any operating rules for Lunchie Market established by Lunchie Market constitute the entire agreement of Lunchie Market and the user with respect to the subject matter hereof. If a court of competent jurisdiction a court of competent jurisdiction holds any provision of this Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. A waiver by either party of any term or condition, or a failure to act on any breach thereof, in any one instance, will not waive such term or condition or the right to act on any subsequent breach thereof, or of any other provision.

No agency, partnership, joint venture, or employment is created as a result of these Terms of Use, and you do not have any authority of any kind to bind Lunchie Market in any respect whatsoever.

Except as otherwise provided herein, these Terms of Use, and any rights and obligations hereunder, are not assignable, transferable or sub licensable by you except with our prior written consent. The right to use the Lunchie Market Platform is personal to you and is not transferable to any other individual or entity.

Lunchie Market has the right to assign these Terms of Use to one or more affiliates or to one or more successors or affiliates in connection with a restructuring, reorganization, merger, acquisition, asset sale or other change of control of Lunchie Market, as well as in the unlikely event of Lunchie Market ‘s insolvency, bankruptcy or receivership. Any assignment attempted to be made in violation of these Terms of Use shall be void. Nothing in these Terms of Use shall be deemed to confer any third party rights or benefits.

These Terms of Use are governed by, and will be interpreted in accordance with, the laws of Finland, excluding its choice of law provisions, unless otherwise stipulated by mandatory consumer protection laws.

Any disputes arising from this Agreement shall be settled by the district court of Helsinki, Finland, unless otherwise stipulated by mandatory law. As a Finnish consumer, you may always refer a dispute to the Finnish Consumer Disputes Board (please see kuluttajariita.fi for instructions). Questions about these Terms of Use or the Lunchie Market Platform may be emailed to: legal@lunchie.market

If you believe that any postings on the Lunchie Market Platform violate these Terms of Use, please let us know by sending an email to: legal@lunchie.market