Terms of Service for Users
LAST MODIFIED: MAY 7, 2018
1. General Description
These User Terms and Conditions (this “Agreement”), is a legal agreement between you and Karmalicious AB, a Swedish company (“Karma”), which guides your use of and access to the Application (as defined below) and the Website (as defined below).
If you don’t want to be bound by this Agreement, please do not access or use the Application and/or Website. Karma may terminate, without notice, your access to the Application and/or Website for failure to comply with this Agreement.
By creating an account in the Application and/or on the Website, you accept this Agreement and agree to be bound by each of its terms. You also represent and warrant to Karma that:
- You are at least sixteen years of age and have the authority to enter into this Agreement (either on your own behalf or by having a parent or legal guardian agreeing on your behalf)
- This Agreement is binding and enforceable against you
- To the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity
1.2 What Karma offers
The Karma service is a sales channel via which merchants offer take away food items to registered users. In these terms of Karma service, the term “merchants” refers to restaurants, but it may also refer to other food providers operating e.g. in the grocery, cafe or bakery sector. The aim of this service is to give users the opportunity to purchase and pick-up food from restaurants and other providers that would otherwise go to waste. The Karma service allows users to eat affordably and become acquainted with nearby merchants.
The purpose of this Agreement is to explain the terms and conditions under which Karma will let you use the Application through your mobile device and/or use the Website (collectively, the “Purpose“).
As also mention in other parts of this Agreement, Karma does not have any control over any merchants or other third parties, and therefore is not liable or responsible for any actions taken or supposed to be taken by any such third party.
3. The Karma Service
To use the ordering service and the features made available through the Application and Website, you are required to complete a registration process to create an account with Karma (“Account”).
When you create your account you are given access to use Karma’s software platform made available through Karma’s mobile application (“Application”) and/or its website located at www.purring-cider.flywheelsites.com (the ” Website”) during the Term (as defined below) solely for the Purpose.
Creating your Account offers you easy access to see food available near you, your current order, your previous orders, and edit your personal preferences. In order to create your Account, it is necessary to provide personal information, which includes but is not limited to, your name, contact information and payment information.
3.2 Supply of food items
Karma works with local merchants to offer you the opportunity to purchase and pick up food that would otherwise go to waste. The supply of food items is depending on each merchant’s daily business, and as such it is not guaranteed that food is available at all times you use the Application or the Website.
3.3 Information about the food items
Through the Application you are presented with a description of the food item so that you as a customer will get as good information about ingredients, allergens, price discount etc. The Karma service is not the provider or the producer of the food items listed in the service nor is Karma responsible for the information given about each food item. The provider of the food items is responsible for all the information regarding the food item. Would you have any questions regarding given information about a food item, Karma directs you to the merchant.
3.4 Order and order confirmation
As a logged in Karma user, you can place an order for a food item through the Application or Website. After placing the order you will get an order confirmation via the user interface of the Application or Website.
3.5 Payment of the order
You pay for ordered food items through the Application or Website. If an ordered hasn’t been paid for through the Application or Website, it will not be considered a completed order. Furthermore, as all food items are sold on a first come first serve basis, Karma can not guarantee that you will get the food item you have started, but not finished, ordering.
Karma may use a payment service provided by a third-party to handle the payment and will automatically charge your chosen account at the time of your order. You have no right to cancel or change a placed order when using the Application or the Website. The restriction of the right of cancel a made order is based on the nature of food which may spoil or age rapidly.
3.6 Pick up of order, redemption and delivery
Upon arrival, you show the merchant the order confirmation in the Application to receive your order. The merchant has also the ability to confirm your order in the merchant application by identifying you by name.
When using the Application or Website you shall always pick up the food item(s) ordered from the applicable merchant’s premises in a timely manner during the time frame provided by the merchant. If you do not collect your order during the given time frame, the merchant has the right to do as they see fit with the ordered food item. Unless stated otherwise by the merchant, you are not entitled to receive a refund for ordered food items that have not been collected on time.
Karma does not currently charge its users to access and use the Application or the Website, however Karma may, at any point and in its discretion, elect to begin charging fees for use of various portions of the Application, the Website and/or for different levels of subscription or accounts.
3.8 Reclamations and service disruptions
The Karma service is a sales channel via which merchants’ food items are traded. The Karma service is not the provider or the producer of the food items listed in the service. Karma is not responsible for the quality of the food items ordered through the service or errors that may occur during the pickup of an order. The merchant is responsible for all the user reclamations concerning the food item and Karma directs the reclamations to the merchant.
The cooperating merchants are committed to preparing the food items offered through the service in compliance with the legislation concerning the handling, storing and transportation of food and in accordance with the established principles and practices of the industry.
If you detect a technical error or other error in the Karma service, you can report the problem through the Application or Website.
3.9 Customer support
Karma offers support via the support center that you reach through the chat found in the Application and on the Website. Please refer to the Website for up to date information on the support center’s opening hours.
Karma does not currently provide any advertisements in the Application and on the Website, however Karma may decide to deliver advertisments in the future.
4. Conditions of Use
4.1 Certain responsibilities
It is your responsibility to make sure that all information provided by you to Karma is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information going forward. It is also your responsibility to protect your Account information as it should be kept strictly confidential.
4.2 Certain Restrictions
Karma does its best to keep the Application and the Website safe and secure but need your help to do it by not violating or attempting to violate the security of the Application or the Website.
Except as expressly permitted under other parts of this Agreement, you may not modify, reproduce, duplicate, copy, publish or create derivative works of:
- any portion of the Website or the Application, any content, photographs, descriptions, software, image or other information or any data taken therefrom (collectively, “Content”).
- any information or materials retrieved from either of them, which includes graphics and logos, presentations, in whole or in part.
Furthermore, you may not use the Website or Application for any purpose that:
- invades any person’s or entity’s privacy or other rights;
- misidentifies you or impersonates any person or entity, including, without limitation, any employee or representative of Karma; or
- could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive.
4.3 Karma rights
Karma has the right to at any time suspend a user or terminate the user’s account and access to the Application and Website if the user violates this Agreement or uses the Application and/or Website in a way that is harmful to Karma or any third party.
5.1 Third party content
The Application and the Website contain and/or provide access to content provided by merchants and other third parties, including, food item information, pricing, discount information, menus, photographs, graphics and merchant information (“Third Party Content”).
5.2 Information accuracy
The third party that any Third Party Content originates from is solely responsible for it, and Karma does not and cannot review all Third Party Content made available through any part of the Application or the Website. As such, Karma cannot guarantee the correctness of any Third Party Content or fitness for use of any offers posted on via the Application and the Website.
In no event shall Karma be liable for any damages arising out of your use of the Application and/or the Website, or for any loss or damage of any kind incurred as a result of any Third Party Content or offers.
Karma cannot guarantee that the Application and the Website, including the Content, will be uninterrupted or error free. Karma cannot be held responsible for if the Application and/or the Website is down or if any Content, information or functionality does not work as expected.
5.3 Intellectual property
For purpose of clarity between you and Karma, you are the sole owner of all information and content entered into the Application or the Website or otherwise posted by you. Karma is the sole owner of the name “Karma” as well as the Website, the Application, and all source code, software, content and other intellectual property related to it or included in it.
All suggestions and recommendations from you to Karma regarding the Application or the Website are, upon submission to Karma, owned by Karma.
5.4 Copyright infringement
Karma respects the intellectual property of others, and asks you to do the same. You may not use the Website, Application, the Content or any other materials from the Website or Application in any manner that may infringe upon any copyright or other intellectual property right of Karma or any third party.
6. Term and Termination of Account
This Agreement shall continue in full force until either:
(i) You terminate your Account, or
(ii) Karma terminates your access to the Application or non-public portions of the Website, with or without notice (the “Term”).
When this Agreement is terminated, you no longer have access to the Application or any other non-public portions of the Website.
6.2 Termination of account
For purposes of clarity, you are entitled to terminate your Karma account at any time. Choose “Delete account” or any corresponding function in the Application and/or the Website, or contact Karma. Karma will then delete or anonymise any personal information that can be attributed to you, except for certain information that Karma by law may have to save and archive.
7.1 Force Majeure
Karma shall not be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
7.2 Changes or updates of the agreement
Karma may change or update this Agreement from time to time, and any such change or update will be set in effect when posting the updated Agreement on the Website or within the Application.
When we make major changes to the Agreement, we will provide you with prior notice as appropriate under the circumstances, e.g., by displaying a notice within the Application, the Website or by sending you an email. If you do not agree to the changed Agreement, you have the right to terminate your Account before the changed Agreement come into force.
7.3 Termination of service
Karma reserves the right to modify, suspend, or discontinue the Application and the Website without any notice at any time and without any liability to you.
All disputes arising hereunder or in connection with this Agreement, the Website and/or the Application shall be resolved by the laws of Sweden and the District Court of Stockholm (sw. Stockholms tingsrätt), Sweden.
Karma has the right to transfer its rights and obligations under this Agreement. Furthermore, Karma has the right to hire subcontractors for the fulfillment of its obligations. In such cases is Karma fully responsible for the work performed by the subcontractors.
If any part of this Agreement is held to be unenforceable or invalid for any reason, said part will be changed and interpreted to best accomplish its original intent and objectives. Any remaining parts will continue in full force.