Terms & conditions - Dserve

Terms & conditions

1. Definitions

1.1. Application – an application “Dserve” for mobile devices;

1.2. User – any user registered with the Application.

1.3. Dserve – Maisto mylėtojai UAB, org. No 304842657, having its headquarters at Raudondvario pl. 131, Kaunas

1.4. Partner – any catering establishment from which the User can order catering services via the Application. The list of partners is available on the App.

1.5. Services – mediation services provided by a service provider via the App between the User and the Partner within the procedure established in the Rules.

1.6. Rules – the rules for use of the App and provision of services.

1.7. Privacy Policy – the Privacy Policy provided for on the App, which defines the procedure for User data collection, storage and processing.

2. General provisions

2.1. The Rules are a legal document binding on the Parties, which defines rules and duties of the User, Dserve and the Partner, and service provision procedure, and liability of the parties, and other regulations related to the provision of services.

2.2. In order to use the Services, the User has to read the Rules and the Privacy Policy and, when registering, must specify in a particular field, that he (she) is aware of and shall abide the Rules and the Privacy Policy. If the User does not accept the Rules and (or) the Privacy Policy, the services will not be provided.

2.3. Only capable individuals are entitled to register with the App and to use Dserve services. Minors between fourteen and eighteen may only use the Services if allowed by their parents or guardians, except for the cases where they can independently dispose of their income. By registering with the App and by accepting the Rules, the User confirms that he (she) is entitled to use the Services.

2.4. The intellectual property rights to the Dserve trademark and the App (its program code, design, database, descriptions etc.) belong to Dserve or Dserve is entitled to use them. No use of the App or the Services shall be understood as the basis to assign or to transfer the above listed intellectual property rights to the User.

3. Procedure for the provision of services

3.1. The App entitles the User to have an account and to book a table or catering services at the catering facilities (eat locally or take it away) of his (her) choice, to pay for services, to get and use discounts or special offers, to provide feedback and to use other services provided by the App.

3.2. The form of booking a table and (or) catering services at the Partner’s catering facilities of the User’s choice (hereinafter referred to as the Order) shall be deemed competed, if it specifies for the particular caterer, preferred time of services, booking for a particular number of guests (except for take-away orders), delivery address (if a delivery service is required). The order form contains information on payment amount, additional conditions and (or) discounts (if any) applied by the Partner in respect of the Order and the special offer. 

3.3. To order strong drinks, the User must comply with the below conditions:

3.3.1. The User should be at least 20 years old and, upon collection of the drinks, must have and, if required, produce the identity document certifying that the required age has been reached. The User shall confirm his (her) age in the Order form by ticking a relevant box.

3.3.2. Strong drinks are not available for take-away i.e. the order processing time must not be before 10.00 AM and after 8.00 PM from Monday to Saturday and before 10.00 AM and from 3.00 PM on Sundays. 

3.4. The User may specify particular requirements for the ordered food in a comment field of the Order form. Where after reading about the ingredients of a particular dish (as laid down in article 10.5) the User finds out or suspects that he (she) is allergic to one or more ingredients, the User must specify this in the comment field. If possible, the Partner will prepare the food without the specified ingredients. If it is not possible to prepare the food without the specified ingredients, the Partner will not confirm the order or will confirm it after the particular dish has been excluded from the Order. 

3.5. After the User has placed the Order, the User will be deemed to have confirmed and accepted all the information and the conditions contained in the Order and he (she) agrees that the Order amount will be reserved in the payment card linked to the Client’s account. If the card has insufficient funds, the Order will not be transferred to the Partner for processing. 

3.6. After the User has placed the Order, all ordering information will be delivered to the Partner. 

3.7. After the Partner has confirmed the Order, the confirmation will appear on the App, the parties will be deemed to have made a legally binding agreement within the terms, and conditions set forth in the Rules and the Order. The reserved funds will be deducted from the payment card linked to the User’s account and the Order processing begins.

4. Price and special offers

4.1. By using the App, the User shall only pay for ordered catering services at the price determined by the Partner. Dserve mediation services are provided to the User free of charge.
 
4.2. Dserve ensures that catering prices provided for on the App are the Partner’s real-time prices. 
 
4.3. Dserve and (or) the Partner may offer a number of discounts, vouchers and other special offers to the User (hereinafter referred to as the Offer). Offers may be of a limited duration and (or) restricted number of uses; moreover, some special terms of use may apply. Upon closure of the defined period, or after all the offers have been exhausted, or in case of violations of the terms and conditions, the Offer will be deemed to have lapsed. Alcoholic beverages and tobacco products are not subject to any Offers. 
 
4.4. To make use of the Offer, prior to placing the Order, the User must enter the Offer code in a relevant field of the Order. After the code has been entered, the final order price will appear.

5. Payment procedure

5.1. To order and to pay for catering services by using the App, the User must link his (her) payment card to the account by following the instructions given on the App. The User must provide correct and accurate, or, if changed – the updated payment card data and to ensure that the payment card linked to the account has sufficient funds to cover the order. Dserve shall not be liable for denied or cancelled Order due to incorrect data, insufficient funds or other payment failures due to the User’s fault.
 
5.2. The Order amount will be deducted from the payment card as laid down in art. 3.7 of the Rules.

6. Order processing

6.1. The User must arrive at the catering facilities specified in the Order in the agreed upon time. The Order placed by the User shall be completed with a maximum uncertainty of 15 minutes. The Order will be deemed to have been competed, when the Partner provides the User with the booked places and (or) the ordered food. 
 
6.2. If the User fails to arrive in time, the booking and the completed Order will be reserved for 20 minutes. If the User fails to arrive within the allowed time limits, the Order will be deemed to have been completed and the funds paid by the User will not be refunded. 
 
6.3. If the User fails to arrive in time, the take-away food will be reserved for 20 minutes. If the User fails to arrive within the allowed time limits, the Order will be deemed to have been completed and the funds paid by the User will not be refunded.

6.4. The User must be at the place specified and approved at the time of placing the Order, from placing the Order to receiving the products specified in the Order. If the User is not in his / her approved location within ten minutes of the arrival of the ordered products and the User does not respond after two courier attempts to contact, the Dserve or Partner may cancel the delivery and the User will not be reimbursed for the Order.
 
6.5. If the User orders strong drinks in violation of the requirements of the Rules (art. 3.3), the Partner may not serve the ordered strong drinks to the User. In that case, the Order will be deemed to have been completed partially due to the User’s fault and the funds paid for strong drinks may be non-refundable. In any case, the Partner will decide whether or not full or partial refunds should be made to the User. 
 
6.6. If the User orders additional services at the catering facilities without using the App, the Rules will not apply i.e. the User and the Partner will be deemed to have made a separate agreement and Dserve will not be considered the party of that agreement. 
 
6.7. All pictures and descriptions of the food and (or) the catering facilities, which appear on the App have been provided by the Partner. Dserve will not be liable for quality and (or) compliance of the pictures and the descriptions provided for by the Partner and all claims regarding non-compliances must be directed to the Partner.

7. Feedback

7.1. After the Order is complete, the User may asked for feedback, comment, evaluation or recommendation (hereinafter referred to as the Feedback). Dserve is entitled to publish the User’s feedback on the App and (or) Dserve account in social media by specifying the User’s account nickname and, if permitted by the User, other data. The evaluation given by the User may be processed for statistical purposes.

7.2. By providing his (her) comment, the User will ensure that he (she) acts without prejudice to public order, other individual’s privacy, honour and dignity or other requirements of the laws. Any comment should be related to Dserve and (or) Partner’s services. 

7.3. Dserve will not amend the User’s comments and will not be liable for their content, however, it reserves the right to delete a particular comment, if it is against the Rules and (or) the requirements of the legislation.

8. User’s rights and duties

8.1. In order to use the Services, the User shall register with the App (by creating the User’s account) and provide correct and accurate data required upon registration. Should the User’s data change, the User will update his (her) data by submitting correct and up-to-date information. The User’s data will be processed as required in the Privacy policy.

8.2. The User shall be liable for secrecy of login data (account name and password) and will not disclose this information to any third party. If the User has lost his (her) login data, the User must contact Dserve by means listed in the “Support” section for blocking his (her) account or for replacement of login data. Dserve is entitled to request for the verification of the User’s identity.
 

8.3. The User will use the App and the Services exclusively for personal non-commercial needs by following these Rules, without prejudice to public order and the requirements of other legislation of the Republic of Lithuania. 

 
8.4. The User is not entitled to use the App on behalf of or at the expense of any other individual, unless explicitly permitted by that individual.

8.5. The User is not entitled to attempt to login to the App with the administrator’s rights, to obtain, to change, to copy, to use the App’s programme code, to change the App’s content or appearance or to make any other harm to the App’s operation.

8.6. The User is entitled at any time to stop receiving Dserve services. In that case, the User must delete his (her) account from the App.

9. Dserve rights and duties

9.1. If the User attempts to undermine stable operation and (or) safety of the App, or violates the Rules in any other way, Dserve is entitled to restrict or to suspend the User’s entitlement to use the App and (or) delete the User’s account with an immediate effect and without prior notice to the User. Any attempts to undermine stable operation of the App will be subject to investigation and may be referred to law enforcement institutions for further actions.

9.2. Dserve is entitled to make temporary or permanent changes of operation, form or type of the App at its own discretion or to terminate the Services without notice to the User.

9.3. Dserve will respect the User’s privacy right to his (her) personal data disclosed on the User’s account and will only use this information within the procedure defined in the Rules and in the Privacy Policy.

10. Liability of the Parties

10.1.The User will be fully liable for correctness of the information disclosed on the App. If the User fails to provide correct and accurate data or provides misleading data in the registration form and (or) the Order, Dserve will not be liable for possible consequences.

10.2.The User will be liable for the content of his (her) comments and their compliance with the Rules and applicable laws.

10.3.The User will be liable for his (her) actions with the App.

10.4.After the registration is complete, the User will be liable for disclosure of his (her) login data to any third party and all possible consequences.

10.5.All information on the ingredients of the Partner’s food and (or) allergens required by applicable laws the Partner will provide in the menu available on the App or give this information by the contact telephone. Dserve will not be liable for accuracy of such information. Dserve will also not be liable if the User failed to read the provided information and (or) consumed food / products against the given information (e.g. even though allergic to particular ingredients, the User consumed the dishes etc.) and therefore, suffered damages. 
 
10.6.Dserve will not be liable in cases, where any losses result from the User’s failure to read the Rules even though he (she) was enabled to do so or used the Services against the Rules.

10.7.If the App contains any references to the websites of other undertakings, establishments, organisations or individuals, Dserve will not be liable for the content of these websites or their operations; Dserve does not provide maintenance for and control over these undertakings and does not represent the individuals.

11. Miscellaneous

11.1. Dserve reserves the right to amend, to change or to supplement the Rules at any time, with reference to the requirements of applicable laws. Dserve shall notify about these changes, modifications and supplements on the App.

11.2.If following such changes the User continues using the App, Dserve services and (or) takes no steps to express his (her) objection, the User will be deemed to have accepted the Rules as amended.

11.3.If the User does not accept the Rules as amended, the User must discontinue the use of the services and delete his (her) account from the App or report this to Dserve by email info@Dserve.app. In that case, the User’s account will be deleted from the App and the provision of the Services will be discontinued.

11.4.Upon deletion of the User’s account from the App, the User’s comments and feedback may still appear on the App as defined in article 7.1.
 
11.5. Dserve will deliver all notices to the User’s email address specified in his (her) account. The notification so delivered will be deemed to have been served properly. 
 
11.6. The Rules have been made within the legislation of the Republic of Lithuania. The laws of the Republic of Lithuania will also apply to any relations arising out of the present Rules.

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