So we're all on the same page
The company under the name "Delivery Hero (Cyprus) Ltd", hereinafter the "Company", or "we" or "Foody" is a limited liability company established and operating in accordance with the laws and regulations of the Republic of Cyprus, which is based at 88 Makedonias, Latsia, 2238, Nicosia, Cyprus, with TIN 10369772 and registration number HE369772, that 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”) aiming to facilitate the food ordering process for consumers/users (henceforth the “Users”) who order from cooperating restaurants and food and drink stores, as well as from cooperating retail stores. Our Company, thus, connects the Users with the stores that cooperate with it as an intermediary, giving the Users the opportunity to choose from a wide range of products, which they order from our Website / Application and which are either delivered to them through each of the cooperating company or the Company, or they receive them themselves (when there is the possibility for take-away).
The Website and Application, under the terms and conditions included herein and all applicable laws and regulations, shall grant to the User a non-exclusive, non-transferable, individual and limited right to access and use this website, the application, and the data included therein. This right shall not be considered as a transfer of title or right over the website, the application, and their data and shall be subject to the following limitations: (1) the User shall retain in all copies of the website, the application and their data, all the notes concerning the copyright and any other ownership rights and (2) under no circumstances they shall modify the website, the application and their data or reproduce and publicly present them or distribute or under any other means use the website, the application and their data or our logo for a public or commercial purpose, unless otherwise provided hereunder. By accepting these terms, the Users agree not to transfer or assign their rights or obligations and not to make unauthorized commercial or other use of the Platform for any purpose other than the above. By accepting these terms, the User acknowledges that the availability of the Application depends on the third party from which it obtains the license to use applications (Apple app store or Android app store), but this agreement applies exclusively to the User and the Company and not the respective application store.
Use of the Website/Application by minors
Account creation at the Website/Application
The User shall create a Foody account at the Website or Application in order to use the Foody services. In order for the User to complete the registration process, we will ask them to provide their personal information, including a valid email address, a mobile phone number and a unique password. The User’s unique password should not be shared with anyone and they agree to keep it secret at all times. The User is solely responsible for keeping their password safe.
The User is required to provide full and accurate information for the proper processing of their orders, including their delivery address and their contact details.
The User can delete their account any time they wish through the profile they have created in our Website or Application. We may restrict access, suspend or delete a Foody account and/ or use of the services, in case we reasonably consider it necessary, as indicative, in case we consider that:
- someone, other than the User, is using their Foody account; or
- in case where the User has been involved in an activity or conduct that infringes these Terms and our policies or which we deem in our sole discretion to constitute an abuse of our services.
Prohibited Actions / Behavior
The Company reserves the right to investigate and initiate legal actions, at its sole discretion, against anyone who commits actions that are illegal or prohibited or adopts behaviors that undermine the operation of its Website / Application. Such actions / behaviors are, indicatively and not restrictively, the following:
- Unauthorized use of the Website / Application in a manner that violates applicable legislation
- Posting on the Website /Application of content that is illegal, defamatory, threatening, racist, inciting hatred or exploitation of any other person or entity
- Posting on the Website / Application of content that infringes another person's copyright and/or Intellectual/Industrial Property Rights
- Posting on the Website / Application of HTML or External Code or URLs that lead to External Links / URLs
- Posting on the Website / Application of content that is spam or constitutes cyber-bullying or that shows dangerous / threatening behavior
- Collection from the Website / Application of information concerning third parties who have not granted their consent to this
- Unauthorized use of third party login credentials to access the Website / Application and unauthorized use of the respective accounts
In case of suspicion οr detection of prohibited actions, the Company reserves the right (but is not obliged) to take any action it deems necessary at its sole discretion, as indicatively and not restrictively:
- Investigate any allegation and / or indication that any content "uploaded" to the Website / Application is being exploited or is threatening or illegal or in any way violates these Terms and remove or request the removal of such content
- Monitor, edit and remove content from the Website / Application at its sole discretion (without such content necessarily being in breach of these Terms)
- Suspend or terminate a user's access to the Website / Application or to his / her account due to violation of these Terms
- Cancel an order and / or suspend, deactivate or block a User’s account at its sole discretion if there is a reasonable suspicion that such account has been compromised or if fraudulent behavior or any other suspicious/irregular activity concerning such account or a specific order or any prohibited action in accordance with the above has been detected.
Indicatively and not restrictively, as suspicious activity on a user’s account that could lead to its deactivation/deletion or restriction of the services provided by the Company could be considered the following: use of inaccurate personal data, frequent disputes of online payment transactions, receipt of official requests by law enforcement authorities for the supply of evidence regarding illegal online activity or receipt of a notification from a bank/payment institution regarding unusual activity, stolen or lost means of payment. For the above cases, the Company informs the user by any appropriate means and at its discretion, to the extent possible and provided that such notification does not conflict with objectively justified security reasons or is not prohibited by the existing european or national legislation.
Personal Data Protection
Orders & Charges
When the User places an order through our Website / Application, he makes a proposal to the cooperating store, with which the sale contract is concluded the moment when the store accepts the User's order. Upon successful completion of the order, the User receives from us a confirmation of their order at the email address provided. As the contract is concluded between the User and the cooperating store, the latter is responsible for the issuance of the statutory tax document (Receipt of retail purchase – Issuance of business invoices is not supported).
Our Company provides an additional delivery service, if the User selects a cooperating store from the "delivered by Foody" section of our Website or Application, with a certain charge ("Delivery fee"), the amount of which is defined according to the pricing policy of our Company, which may be influenced by factors, such as the distance between the Restaurant or the cooperating store, which sells the ordered products or the delivery address of the User. In this case, the amount of the Delivery fee will be clearly stated when submitting the User's order and will be reflected separately in a relevant tax document issued by our Company to the User and sent to the email address provided by the User when creating his account.
Some of the stores that cooperate with us set a minimum value for each order, which must be completed in order for the User to be able to submit his order. In case the User's order is not sufficient to complete the minimum order value set by the store, the User will be asked to add additional goods in order to reach the minimum order value.
The cooperating stores must satisfy any special instructions of the User regarding the preparation of the order the User submitted, as far as this is feasible, possible and reasonable from a commercial point of view.
In case the User wishes to cancel an order further to its submission, they should inform us immediately through our call center. Users are entitled to cancel an order even if it has been accepted by the cooperating store and are entitled to a refund of the amount detained or credited during the electronic payment made according to the refund policy we have in place and can be found in detail here.
Prices - Restrictions on offering different terms in other means
The prices that appear on our Website / Application are reflected in euros (€) and include VAT, according to the applicable legislation as in force. Before the payment (checkout) of the respective order, an analysis of the different item prices and any additional charges included in them is displayed. By submitting the order, the User accepts the total value of the order as stated, including additional charges. The prices listed on the platform are determined by our business partners, the cooperating stores at their absolute discretion and for this reason may be subject to changes and variations.
In some cases, our Company may limit the ability of restaurants / cooperating stores to offer different prices on their own websites, so that our Users are not charged with higher prices compared to those charged by our business partners for the same products on their own website and take advantage of the efficiency created by our platform, in terms of reduced cost search, increased possibilities for selection and high level of services.
Upon successful submission of the order by the User, the latter is obliged to pay to the cooperating store the final amount of the order and to the Company any delivery fee, in case the order was made from a store in the "delivered by Foody" section. The User can pay for his order with the following payment methods which appear on the Company Website / Application: in cash, by card (credit or debit), and via PayPal,, as detailed in the category "Payment Methods" that can be found by Users on the Website and the Company Application. It is noted that for payments of orders worth more than five hundred (500) euros, electronic payment is required according to the current legislation and therefore it is not possible to pay in cash.
The Company is constantly expanding, updating and improving its website and its application and related products and services and therefore may, in its sole discretion, change the available payment methods by adding new ones or removing some of them.
The Company does not provide payment services to Users or third parties and all electronic card payments are processed through the transfer of Users to the secure payment servers of the lawfully licensed payment service providers with whom the Company cooperates.
The cooperating stores determine the geographic distance within which they deliver orders and for this reason the stores available on the Company's Website / Application differ from region to region. By entering the User's address, the stores available for delivery to this location and operating at the time of placing the order will be displayed. The geographic coverage of the stores may fluctuate or change for various reasons, such as weather conditions, traffic, occurrence of events that constitute force majeure, etc.
The delivery time of the orders is set by the cooperating store, unless the delivery is done by Foody (“delivered by Foody” stores) and in any case the delivery time to the User is influenced by the preparation time of the order in the respective store. Moreover, the delivery time of an order can be affected by a various other factors, such as weather conditions, traffic, occurrence of events that constitute force majeure, the availability of the fleet of distributors, etc. In cases where it is possible to track the progress of the order through our Website / Application, the delivery time indicated is an estimate and the User's order may arrive sooner or later than the estimated time of arrival. The User may be asked to contact the cooperating store directly in cases where they face issues or delay with the delivery of their order for those cases where the delivery is made by the store and not the Company.
It is noted that Users may submit their order by selecting "Receipt without contact" from our Website / Application if they wish the order to be delivered to the door / entrance of the delivery point they have selected without contacting the rider. In these cases, the Company is not responsible for any theft, destruction, alteration or deterioration of the products ordered by the User and which may have occurred after their intact delivery.
In case of unsuccessful delivery of the User's order for reasons attributed to them, such as:
- Failure of the recipient of the order to appear at the indicated place of delivery within a reasonable time
- Inability to locate the User despite the efforts of the Company and / or its delegates to locate him through the declared contact details
- Inability to access the declared delivery point or danger to approach the delivery point indicated by the User
- Non-compliance person who receives the order with the age limit applicable in case the order concerns products for the consumption of which there is a legal age restriction (see below), we will contact the User regarding the unsuccessful delivery of his order, while in such cases we are not obliged to return the amount corresponding to the order.
Check of products upon receipt
Restrictions on products offered
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 Cyprus Law. These restrictions include minimum age requirements for alcohol/ alcoholic products, tobacco, and other products, which we reserve the right not to deliver to the User who placed the relevant order, based on the relevant statutory provisions.
Alcohol / Alcoholic products
The User 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 having the legal right or being below the age of eighteen (18) years.
Moreover, our Company, our business partners and riders, reserve the right to:
- ask for a valid document proving the age of the user or of the person receiving the order (e.g., ID card) prior to the delivery of alcoholic products;
- deny delivery if the user or the person receiving the order cannot prove that they 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 is solely responsible for fraud or gross negligence and to the extent that its relevant liability can be substantiated under current legislation. By using the Website / Application, Users acknowledge and agree that the content of the Company's platform is provided on an "as is" and "as available" basis and that their use or dependence on it and on any content, goods, products or services to which they have access or obtain access through it, is at their own risk and at their sole discretion. While the Company makes a reasonable effort to ensure that the provision of the Website / Application and the services we offer are available at all times, we do not warrant or declare that our Website and Application will be provided to Users in a secure, and timely manner nor uninterrupted, error-free and without technical difficulties, defects or viruses. We kindly ask the Users to expect temporary interruptions of the operation of the Website / Application due to scheduled or regular system maintenance works, interruptions due to internet or electronic communications or events of force majeure. Therefore, the Company is not responsible for any delays, delivery failures or damages, losses or injuries resulting from any problems inherent to the use of its platform, the internet and electronic communications in general.
The Company or its employees or other representatives or delegates, shall not be held 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 which may arise from or in connection to the use, copy, presentation of the website and its content or any other connected website, regardless of whether the Company was notified, aware or should be aware of this possibility.
The Company, its employees, or other representatives or delegates bear no responsibility for the quality, maintenance, storage and control of food and products displayed on the Website and its Application and sold by cooperating restaurants, stores of health care and other businesses.
The cooperating restaurants, the retail stores and any other businesses that cooperate with the Company, are responsible for the preparation, the condition and the quality of the products sold and for the quality, the accuracy and the completeness of the information that appears on the Website / Application of the Company regarding the products sold by them (including the price list information or any photos they have given to the Company for uploading). They are also responsible for the issuance by the competent authorities and renewal of all licenses or approvals or certifications required by law for their lawful operation, as well as for ensuring that their products sold are legal and comply with all the requirements of the applicable law regarding the relevant category of products.
The cooperating businesses shall be responsible for the delivery of the orders in case the latter is undertaken by them. The Company shall not be responsible for any loss or damage arising out of the User’s contractual relationship with the cooperating business that sells the products. All necessary information about these businesses are mentioned in our Website and Application and the receipts for the retail sale of products accompanying the items purchased .
The cooperating restaurants, the retail stores and any other businesses that cooperate with the Company, are, finally, responsible for the data processing exclusively for the purpose of the preparation and the delivery of the orders, in cases whereby the delivery of the orders is undertaken by them.
The cooperating restaurants, food and drink stores and any other businesses, apart from their exclusive responsibility as to the quality, maintenance, storage and monitoring 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, contact the store directly before completing your order, in order to inform them properly.
Display of business partners 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 various 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 listing of our business partners. Furthermore, cooperating businesses which display their price lists on our Website / Application, have the option to purchase an improved ranking position in the list of the restaurants / stores available to users, as well as in the results displayed after a relevant user search. Paid positions are marked distinctively, while factors such as distance, reviews, restaurant popularity, etc. are always taken into account. The other ranking positions, which are not marked as per the above, are free of charge and are determined based on the aforementioned algorithm. Since all factors are constantly changing, the way stores are displayed and ranked on the Website and Application is changing as well.
Withdrawal right towards the cooperating businesses
According to the applicable legislation, Users are entitled to withdraw for any reason whatsoever from the sale contract concluded with the cooperating business (save in the cases and as per the limitations mentioned below) whenever they wish within 14 calendar days from the day they received the ordered products.
It is hereby clarified that the present clause is of informative nature about the Users’ withdrawal right and the relevant limitations depending on the nature of the returned product, given that the exercise of the withdrawal right by the User is performed towards the business selling the products and not the Company that acts as an intermediary for the said sale.
Users may exercise their withdrawal right by any of the means provided by the applicable legislation, whilst this right shall in any case be considered as lawfully exercised if the User who wishes to withdraw sends the return form, which can be found here if the products have been purchased from a partner company (whose name will appear on the receipt received or available on our platform), or here if it relates to products purchased through foody market, or if we receive any clear statement from the User about withdrawal with any other convenient way / means (by mail, via email, by telephone with the Customer Service Department).
Immediately after the exercise of the right of withdrawal, the products must be returned by the User without any undue delay and in any case within fourteen (14) calendar days from the date of declaration about the exercise of the right of withdrawal.
Limitations to the right of withdrawal
The right of withdrawal shall apply only for packaged products returned at exactly the same condition as were when received, without any alteration of their content or opening of the original packaging and accompanied by the receipt.
The right of withdrawal cannot 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 defective for another reason;
- sealed products that shall not 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 the special withdrawal form that can be found on our website, depending on the cooperating business that sells the products and the nature of the product.
Information Change, Amendment or Deletion
Security of Transactions
The Company is committed to safeguarding the security and integrity of the data collected in connection of the Users of its website/ application. The Company has adopted procedures to protect the personal data that Users provide to its website/ application or in any other way (e.g., over the telephone). These procedures protect the Users’ data, to the extent possible, from any unlawful access or disclosure, loss, or misuse, alteration or destruction. They also help to verify that these data are accurate and are properly used.
Discount codes/ Coupons
The Company may from time to time organize promotions and offers in the context of which coupons, discount codes, discounts and other promotional activities are granted in order to be used on its Website / Application ("coupons"). The coupons have a specific validity period, a redemption period and can be used only once, unless otherwise stated in the specific communication, by means of which they are provided to the User and for a period until their scheduled expiration date indicated on the coupon or in the relevant email. Once redeemed, the coupons expire. The coupons may not be combined with other offers, discounts or other discount coupons, while special terms and conditions may apply to them, which are set by the Company at its sole discretion, by informing the User accordingly. The coupons are intended for exclusive use on the Website / Application of the Company, unless explicitly provided otherwise, while it is not possible to redeem their value in cash. Coupons may only be redeemed at orders placed to cooperating restaurants and businesses through the Website or Application of Foody and only if the User pays through credit/debit card/ PayPa. If the total value of the order is less than the value of the Coupon that was granted, the difference is lost.
The Coupons are for personal use exclusively for the User who is registered to the Company and whose account has been created until the day the Coupon is sent or provided and not later. The right to redeem Coupons is only for the Coupon’s authorized recipient and cannot be transferred to a third (natural or legal) person. The authorized recipient is verified with the e-mail address used by him as User when creating the account on our Website / Application. Recipients of Coupons shall ensure that the Coupons they have at their disposal will not be used by another person (natural or legal).
Foody market (Dmart)
Users' complaints regarding any offer, order or execution of the contract they have concluded with the cooperating stores should be addressed directly to these stores. The respective cooperating store bears the sole responsibility towards the Users for the proper fulfillment of the (sale) agreement between them, in accordance with the provisions of the above regarding the limitation of the Company's liability. The contact details of the cooperating stores are posted on the Company’s Website / Application.
Users have the opportunity to rate on our platform the Collaborating Stores from which products were bought. It is pointed out that the ratings are subjective and they do not in any case express the Company's position about the stores, whether they are positive or negative.
In order to ensure the authenticity of the submitted ratings, the Company enables lets Users rate only orders that they have submitted themselves and have been successfully executed. Therefore, in order for the Users to rate a store or its services, a necessary condition is that their order has been served by the specific store and that they have received it. After receiving their order, they have the opportunity within seven (7) days to evaluate it by entering their rating for each of the following general categories: the quality of the products, the service of the store and the speed of delivery. Depending on the User's order, it is also possible to evaluate additional characteristics of this order by selecting either the positive or the negative symbol 👍 👎.
The following applies to the automated control and to ensure the validity and reliability of the evaluations:
- only one evaluation can be done for each order,
- in the final rating of the store as well as in the total number of evaluations of the additional characteristics of the orders, the evaluations for the store in a period of 365 days are taken into account, and
- in the total number of ratings of the store are displayed all the ratings of the users.
The User can find the ratings he/she has entered in the field "My ratings" within his/her profile in Foody. The User cannot delete the evaluation after its submission, except for processing it within seven (7) days from the order receipt.
In case of a low score, the User is given the opportunity to submit a comment, in order to share with us the reason why he/she was not happy. The comment that will be written and submitted by the User will not be published on the Website / Application of the Company. It is noted, however, that submitting a comment through the evaluation process does not constitute a request for immediate service. If Users need immediate help for an order they have made, they can contact our Customer Service Department.
The cooperating stores accept that in the context of transactional ethics they will not take advantage of the evaluation opportunity provided by Foody by posting positive or negative evaluations through third parties who are connected in any way with them (family, friends, staff). If any such action comes to the attention of the Company and is confirmed, the latter reserves the right to block the account of the specific User, to delete all confirmed abusive evaluations of the store and to take all necessary measures for the compliance of the cooperating store that violates these terms.
Of course, we are committed to the protection of our Users' personal data in relation to their ratings, always taking into account the current legislation on the protection of personal rights.
From 1.1.2018 according to the Packaging and Packaging Waste (Reduction of Consumption of Thin Plastic Carrying Bag) Regulations of 2017 and the K.D.P. 375/2017, the sellers of products that have thin plastic transport bags at the points of sale of their products, charge, at least five cents (€ 0.05) plus VAT for each thin plastic transport bag..
Our Company encourages its cooperating businesses not to use plastic and PVC but choose environmentally friendly solutions. In any case, the responsibility of selling and charging the bag and the plastic items belongs to the cooperating stores that sell the products and the relevant charge must be reflected in the sales receipt of each business.
All trademarks, logos, images and service marks, including these Terms, as displayed on the Company Website / Application or in the Company promotional material, are the intellectual property of it and / or of third parties who have authorized the Company to use these property rights (collectively the "Intellectual Property"). Users may not use, copy, reproduce, republish, upload / upload, publish, transmit, distribute or modify the intellectual property of the Company in any way without the prior express written consent of the latter. The use of our copyright is strictly prohibited, including, but not limited to, the Company's trademarks and copyright in the Foody logo on any other website without the latter’s prior explicit approval. In case of violation of these terms, the Company is entitled to exercise the rights reserved for the protection of its intellectual property in accordance with the provisions of applicable law. The Company neither guarantees nor states that the use of the materials displayed on the Platform will not violate or constitute an abuse of any rights of third parties that do not belong to the Company or its Affiliates. Any use of any material posted on the Website / Application of the Company is done at the responsibility of the User.
Governing Law and jurisdiction.
Electronic Dispute Resolution
The European Commission provides a dedicated platform for electronic dispute resolution (ODR platform). This platform can be reached at the website http://ec.europa.eu/odr.
Last update: 1st June 2022