Terms of use

So we're all on the same page

Terms of use

So we're all on the same page


Terms of Use

The company under the name “Delivery Hero (Cyprus) Ltd, with Reg.No HE369772., ”(the “Company”or “we” or “Foody”) is a limited liability company, organized and existing under the laws of Cyprus.

You can always contact us via the following methods:

Address: Makedonias 88, Latsia, Nicosia/Cyprus

Postcode City: 2238

Phone: 77772250

E-mail address: [email protected]

Foody, has designed and manages the website www.foody.com.cy (henceforth the “Website”) and the relevant mobile phone application (henceforth the “Application”), as well as any information or data (e.g. documents, files, texts, graphs) included thereto, henceforth the “Material”. Foody provides the platform on which the consumers/users (henceforth the “Users”) can purchase food and other products and goods from Foody’s cooperating businesses, as well as possible delivery services either from the relevant Partner or Foody, as applicable.

The use of the Website and Application, the services offered thereunder, and the Material shall be subject to these Terms of Use as in force from time to time, that form the agreement between the Company and any person visiting the Website and Application in connection to their use. Accessing in any way the Website and Application and their use (including the mere browsing) declares the User unreserved acceptance of the Terms of Use, as these are in force at all times. If the User registers at the FoodyWebsite or Application, we may use their contact details to send newsletters, in accordance with the applicable Laws of Cyprus, the decisions and guidelines of the Data Protection Authority and the General Data Protection Regulation - Regulation (EU) 2016/679 of the EU Parliament (GDPR). For more information as to the use of your personal data by Foody, you can check our Privacy Policy.

The Website and Application, under the terms and conditions included herein and all applicable laws and regulations, shall grant you a non-exclusive, non-transferable, personal, and limited right to access and use this website, the application, and their data. This right shall not be a transfer of title or right over the website, the application, and their data and shall be subject to the following limitations: (1) you should retain in all copies of the website, the application and their data, all the notes concerning the copyright and other ownership rights and (2) you shall not change the website, the application and their data under no circumstances or reproduce and publicly present them or distribute or under any other means use the website, the application and their data or logo for a public or commercial purpose, save in case otherwise provided hereunder.

Use of the Website/Application by minors

By accepting these Terms of Use, the User expressly declares that he/she is an adult over the age of 18 years and has read, understood, and accepted in full the Terms of Use.

Account creation at the Website/Application

You will need to register for a Foody account for you at the Website or Application in order to use the Foody services. When you register for a Foody account, we will ask you to provide your personal information, including a valid email address, a mobile phone number and a unique password. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe.

You are required to provide full and accurate information for the accurate processing of your orders, including the delivery address and your contact details.

You can delete your account through your profile in our Website or Application. We may restrict, suspend or terminate a Foody account and/ or use of the services, if we reasonably believe that:

  • someone, other than you, is using your Foody account; or
  • where you are suspected or discovered to have been involved in an activity or conduct breaching these Terms and our policies or you are involved in activity or conduct which we deem in our sole discretion to be an abuse of our services.

Personal Data Protection

Our goal is to provide you with an amazing experience through our services, based on trust, transparency, and honesty. When you visit our Website and Application, register, or place an order, we collect, use, process, and share the absolutely necessary personal data of yours in accordance with these Terms and our Privacy Policy. We recommend that you read our Privacy Policy to get informed on the processes concerning personal data protection.

Restrictions on products

Some of the products we offer on our Website and the Application are subject to restrictions for purchase, in accordance with the applicable EU and Cypriot law. These restrictions include minimum age requirements for alcohol/ alcoholic products, and other products that we reserve the right not to deliver to you based on the relevant statutory requirements of the time being in force.

Alcohol / Alcoholic products

You must be over the age of 18 years and have full legal capacity to be able to purchase products containing alcohol.

Our Company reserves the right to cancel any order immediately and without notice, should it determine that an order was made by someone not enjoying the legal right or below the age of eighteen (18) years.

Moreover, our Company and our partners and delivery riders, reserve the right to:

  • ask for a valid document proving your age (e.g., ID card) before the alcoholic products delivery;
  • deny delivery if you cannot prove that you are at least 18 years old;
  • deny delivery to any person, should they reasonably determine that a legal provision is breached by the said delivery.

Limitation of Liability

The Company or its employees or other representatives or delegates, shall not be responsible, under any circumstances for any of the consequential, incidental, indirect, special damages or expenses or financial penalties, including indicatively loss of profit, ceased business activity, information or data loss, or client loss, property loss or damage and any third party claims arising out of or in connection to the use, copy, presentation of the website and its content or any other connected website, regardless whether the Company was notified, aware or should be aware of this possibility.

The Company, its employees or other representatives or delegates, shall not be liable for the quality, maintenance, storage and check of the food and products presented on the Website and the Application and sold from the cooperating restaurants, food and drink stores or other businesses.

The cooperating restaurants, food and drink stores and other commercial businesses shall be responsible to issue and retain valid all licenses or approvals or certifications of the competent authorities required under the law for their operation, as well as to safeguard that the sold products are lawful and comply with all legal requirements concerning them.

The cooperating restaurants, food and drink stores and other commercial businesses shall be responsible for the preparation, condition, and quality of the products. The cooperating businesses shall be responsible for your order delivery in case this is performed by them. Foody shall not be responsible for any loss or damage arising out of your contractual relationship with the cooperating businesses, namely the relevant company selling the products. The company data of these companies are mentioned in our Website and Application and the receipts for the retail sale of products received at order delivery.

The cooperating restaurants, food and drink stores and other commercial businesses are Controllers exclusively and solely for the purpose of preparing and delivering the orders in case these are performed by them.

Allergens

The cooperating restaurants, food and drink stores and other commercial businesses, apart from their exclusive responsibility as to the quality, maintenance, storage and checking of foods and products sold through Foody, shall also be responsible as to the accuracy and completeness of any required labeling and description concerning the ingredients and allergens included in the products of their menu.

Foody does not guarantee that the products sold by the cooperating businesses do not contain allergens. If you have allergies, allergic reactions or dietary restrictions and needs, you can contact the Foody team before completing your order.

Prices and additional Charges

Our Company provides additional delivery services, if the User chooses a cooperating store from the “delivered by Foody” option of our Website or Application, with a certain charge (“Delivery fee”), the amount of which shall be determined pursuant to the pricing policy of our Company and can be affected by other factors, such as, indicatively, the distance between the Restaurant or the cooperating business selling the ordered products from the User delivery address.

The Delivery fee amount shall in all cases be mentioned clearly at the time the User places the order and shall be mentioned distinctively to the User.

The time of product delivery is set by the cooperating business unless delivery is performed by Foody and in any case the time of delivery to the User shall be affected by the order preparation by the relevant cooperating store.

Limitation to the offering of different terms to other media

In some cases, the Company may limit the ability of restaurant/ cooperating business to offer different prices on their own online channels to ensure that we can continue to operate a viable business model and that our Users can continue to benefit from the efficiencies generated by our platform in terms of reduced cost, increased choice and high service levels. We continually invest in the development and improvement of our Platform to attract consumers. Limitations can help prevent free-riding issues and balance the benefits that cooperating restaurants/ businesses derive from joining the platform, in terms of visibility and cost savings, against the Company’s investment to continue offering and improving our services to our Users.

Display of cooperating businesses in our Website/Application

The order by which the cooperating restaurants or businesses shall be displayed in our Website/Application is determined by a “live algorithm”. The final place the restaurant or store is displayed is subject to a combination of a great variety of factors, with the most important ones being the distance of them to the User location, food quality rating from Users, Online payment method acceptance, restaurant popularity and new restaurants we present in this category in order to become known to Users. Apart from this, the filters used by the Users affect the sorting on a different basis in our list. Finally, we allow cooperating businesses to buy a better position in order to receive more orders, but this position is always determined by the order based, for example, on distance, critiques, restaurant popularity etc.

Since all factors are constantly altering, the way stores are displayed and presented on the Website and Application is also changing.

Withdrawal right towards the cooperating businesses

According to the law you shall be entitled to - whenever, within 14 calendar days from the day you received the ordered products - withdraw for any reason whatsoever from the contract of sale concluded with the cooperating business (save in the cases and as per the limitations mentioned below).

It shall be clarified that the present is informative in nature, as regards the withdrawal ability and the relevant limitations depending on the returned product, considering that the potential exercise of the right of withdrawal on your end is performed towards the company selling the products and not Foody that is just an intermediary for the sale.

You could exercise the right of withdrawal in any manner provided under the law, in any case it shall be deemed to have been exercised if you send the return document you can find here, or in case we receive another declaration of withdrawal in any other manner (through mail or electronic mail or telephone communication to the Customer Care).

Immediately after the right of withdrawal is exercised you should return the product without undue delay and in any case within 14 calendar days from the day of declaration for the exercise of the right of withdrawal.

Checking the products at the time of delivery

We recommend that you carefully check the condition of the products at the time of order delivery, that the packaging is undamaged and any potential expiration date. In case you find a problem, you shall have the right of withdrawal in accordance with the terms of the present terms of use.

Limitations to the right of withdrawal

The right of withdrawal shall apply only for packaged products returned at exactly the same condition these were received, without an alteration as to their content or opening of the original packaging, accompanied by the retail sale receipt.

The right of withdrawal shall not be exercised in the following cases:

  • food products cooked or that require preservation;
  • personal hygiene products;
  • delicate products that can be altered or expire soon, unless these are promotion products as a result of their short expiration date and are for another reason defective;
  • sealed products that are not in a condition to be returned for reasons of health protection or other hygiene reasons and that were unsealed at the time of delivery;
  • baby food and milk;
  • any other products mentioned in a special document concerning the right of withdrawal issued on our website, depending on the cooperating business that sells the products and the kind of product.

Information Change, Amendment or Deletion

The Company shall allow the Users to correct, amend, supplement, or erase data and information they provided to Foody. Should you choose to erase your information, Foody shall act in such a way to erase this from its records immediately. For the User protection and security, the Company shall reassure that the person requesting the changes is actually the same person as the User. To gain access, to change or erase your personal data, to report problems as regards the website functioning or to make any question, contact the Company through www.foody.com.cy or through email at [email protected]. A change or correction of your data may be made through your profile page at Foody. We ask that you take into consideration that we will do anything possible in order to protect your personal data, but the protection of your password for our website depends on you. For more information as to the protection of your personal data we kindly ask that you read our Privacy Policy.

Security of Transactions

The Company shall be bound as regards safeguarding the security and integrity of the data collected in connection of its Users. The Company has adopted procedures to protect the personal data that Users deliver to the website or provide in any other way (e.g., over the telephone). These procedures protect the User data, to the extent possible, from any unlawful access or disclosure, loss, or misuse, alteration or destruction. It also helps certify that these data are accurate and are correctly used.

Discount codes/ Vouchers

The terms below apply to all discount codes/ vouchers(the “Vouchers”) issued electronically by the Company so as to be used at the website “www.foody.com.cy” or the application of Foody for the provision of discount at the order placed. The Vouchers shall also be subject to these terms of use as well as to any additional terms and conditions that might be added to the voucher or electronic message accompanying it, with which it shall be sent to the Users.

The Vouchers may only be redeemed at orders placed to cooperating restaurants and businesses through the Website or Application of Foody. The Vouchers are for personal use exclusively by the User who is registered with the Company services, the account of which is created until the day the Voucher is sent or provided and not later. The right to redeem one Voucher is only for the Voucher authorized recipient and cannot be transferred to a third (natural or legal) person. The Voucher recipients are responsible to safeguard that the discount codes/ vouchers available to them are not used by another (natural or legal) person.

If the total value of the order is less than the Voucher value, the difference shall be lost.

The code of each Voucher can be used only once unless it is mentioned differently in the relevant communication with which it is transferred to the User and for a period until the expiration date provided and mentioned in the Voucher or the relevant electronic message. Once redeemed, the Voucher ceases to be valid.

No Voucher shall be copied, reproduced, distributed, published directly or indirectly in any form and means to a (natural or legal) person, save to the initial/ original recipient. It cannot be stored at any kind of code recovery system without the prior written consent of the Company. More specifically, the Voucher distributed/published without the written consent of the Company (for example an electronic message to the Users or publication on its behalf to another website not managed by the Company) shall not be valid or accepted by the Company and shall be invalidated.

The Vouchers shall not be combined with other offers, discounts, promotions, or other Vouchers offered at times from the Company and shall not be exchanged with cash.

In case the Company deems that one Voucher is used without the above terms and conditions being met or without following the lawful procedures, including the case of Voucher abuse, the latter shall not be accepted and/or shall be invalidated.

The Company shall not have the civil or criminal liability for any loss or rejection, cancellation, or withdrawal of a Voucher as well as in case of the recipient inability to redeem the Voucher for any reason.

The Company reserves the right to change or amend the applicable terms and conditions concerning the use of the Voucher at any time. Such changes, amendments, additions, or deletions to the terms and conditions of use shall become effective immediately from their notification which can be made through any available means including, indicatively and not exclusively, the effectiveness of supplementary terms and conditions, or terms and conditions that amend the existing ones, or new terms and conditions of the Company’s website. A continued use of the Website or Application following such a change or amendment shall be considered as acceptance by the recipient of the changes, amendments, additions, or deletions. The Company shall be entitled to, at any time, terminate or amend or suspend or cease the Voucher offering and terminate and/or deactivate their validity.

Environmental charge

Since 2018 according to Regulation 375/2017 the consumers are subject to payment of an environmental charge of six(6) cents of Euro per plastic bag item, which shall not apply to biodegradable carriage plastic bags. Supermarkets, butcher stores etc. may charge higher for the carriage bags they use, which shall be expressly mentioned at the time of order placement.

Our Company shall encourage cooperative businesses not to use plastic bags and opt for environmentally friendly solutions. In any case, the responsibility for the sale and charge for the bags belongs to the cooperating Stores that sell the products.

Amendments to the Terms of Use

The Company reserves the right to change or amend the applicable terms of use concerning the use of the Website and the Application at any time. Such changes, amendments, additions, or deletions to the terms of use shall be immediately effective upon posting. You agree to the new Terms by continued use of the services. The Company may at any time terminate, change, suspend, or stop any specific service of the Website and Application, including the availability, display or description of any product or service.

The use of the Website and Application is subject to the Terms of Use in force at the time services offered by the Company are used.

Periodic revision

The Company is constantly expanding, updating, and improving its Website and Application, as well as the relevant products and services and constantly updates these terms of use. We recommend that you read these terms of use regularly, in order to be updated as to any changes thereof. The terms of use may change without a warning or notification to the User.

Governing Law

These Terms shall be governed and construed in accordance with the Cypriot law. For any dispute arising out of the present agreement that cannot be resolved out of court, the competent Courts of Cyprus shall have exclusive jurisdiction ratione materiae. All rights and legal means provided under the terms of use are cumulative and do not exclude other rights and legal remedies provided under the law or other agreement.

If any provision of these Terms of Use is determined as invalid by any Court with jurisdiction, the invalidity of the same shall not affect the validity of the remaining provisions of these Terms of Use which shall remain in full force.

Communication

For any question or clarification concerning the services of the Company you can contact us at [email protected] or 77772250.

Last update: 1 June 2021