Terms and Conditions of Use (T&C) – Eatspanda

Last updated: 24/05/2024

1. Introduction

Welcome to Eatspanda. These Terms and Conditions ("Conditions") govern your access to and use of the Eatspanda website, web platform, and associated services, including the Eatspanda Merchant App application (collectively, the "Platform").

Eatspanda is a SaaS platform connecting Customers and Restaurants/Merchants. By accessing the Platform, you agree to be bound by these Conditions. If you do not accept these Conditions, you must not use Eatspanda.

2. Legal Notices

The Eatspanda Platform is operated by:

• Name: Sardar Khan Naqibullah, Sole Proprietorship (EI).
• SIRET: 90226630300012
• Headquarters: 8 ALLEE DES IRLANDAIS, 91300 MASSY, France.
• Email: support@eatspanda.com
• Host: HOSTINGER operations, UAB, Švitrigailos str. 34, Vilnius 03230, Lithuania.
• VAT: VAT not applicable, article 293 B of the CGI.

3. Definitions

• Customer: Any adult individual placing an order via the Platform.
• Merchant / Restaurant: Professional establishment offering its products on Eatspanda.
• Merchant App: Application for menu and order management intended for Merchants.
• Order: Sales contract concluded directly between the Customer and the Merchant.
• Content: Any text, image, review, or other material submitted by users on the Platform.

4. Role of Eatspanda (Intermediary)

Eatspanda acts exclusively as a technological intermediary:

• Eatspanda does not prepare food and does not own restaurants.
• Eatspanda is not the employer of delivery drivers (unless expressly stated otherwise).
• The product sales contract is concluded solely between the Customer and the Merchant.
• The delivery service contract is concluded between the Customer (or the Merchant) and the driver.

5. Registration and Account

Eligibility: The user declares that they are at least 18 years old. For Merchants, the user certifies that they are legally authorized to bind the establishment.

Accuracy of Information: The user undertakes to provide accurate, truthful information and to keep them up to date.

Security: The user is responsible for the confidentiality of their identifiers and for all activity on their account. Eatspanda reserves the right to suspend any account in case of fraud or violation of these Conditions.

6. Orders & Payments

6.1 Confirmation and No Withdrawal (Customers)

Orders are final upon confirmation by the Merchant. In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods likely to deteriorate or expire quickly (food items). Consequently, no cancellation is possible once preparation has begun.

6.2 Payment Methods

Payments are processed via secure third-party providers (Stripe, PayPal) or cash on delivery (Cash on Delivery). Eatspanda does not store full credit card numbers.

6.3 Pricing Model & Free Trial (Merchants)

Eatspanda offers a free trial period, the duration of which is specified during registration (default 2 months).

• Termination: The Merchant may terminate their account at any time from their management space.
• No Refund: Once the free trial period has ended, any started subscription month is due. In case of termination during the month, no pro-rata refund will be granted.

6.4 Payment Disputes

In the event of a dispute regarding an order, the Customer must contact the Restaurant first. If the dispute persists, Eatspanda may act as a mediator to facilitate a refund via the payment provider, without being a guarantor thereof.

7. Responsibilities of the Parties

7.1 Responsibilities of the Merchant

The Merchant is solely responsible for:

• Hygiene, food safety, and product freshness.
• The accuracy of prices, menus, and allergens displayed.
• Compliance with laws applicable to their activity (operating license, etc.).

7.2 Responsibilities of the Customer

The Customer agrees to pay for their orders and to be present at the address indicated at the time of delivery.

The Customer is responsible for contacting the Restaurant directly before placing an order for any questions regarding severe food allergies.

8. Delivery

Logistics are the responsibility of the Restaurant. Delivery may be provided by the Restaurant's own staff or by third-party drivers. Eatspanda is not responsible for delays due to traffic, weather conditions, or cases of force majeure.

9. Intellectual Property & User Content

• Eatspanda Property: All software, designs, logos, and trademarks belong to Eatspanda. It is prohibited to copy or use them without authorization.
• User Content: Users may submit reviews or photos. By submitting content, you grant Eatspanda a non-exclusive, worldwide, royalty-free license to use, display, and distribute this content.
• Eatspanda reserves the right to remove any abusive, defamatory, misleading, or illegal content.

10. Prohibited Conduct

It is prohibited to use the Platform to:

• Violate laws or regulations in force.
• Commit fraud (fake payment, identity theft).
• Upload malicious code or attempt to disrupt the service.
• Harass other users or post discriminatory content.

11. Data Protection (GDPR)

Collected data is necessary for order processing and account management. They are shared with the Merchant solely for the execution of the service. For more details, please consult our Privacy Policy.

12. Limitation of Liability

The Platform is provided "as is" and "as available". Eatspanda is held only to an obligation of means.

• Eatspanda disclaims all liability in case of food poisoning, allergies, or poor product quality (sole responsibility of the Merchant).
• Eatspanda is not responsible for service interruptions or transmission errors due to computer bugs or third parties.
• Liability Cap: In any event, Eatspanda's total liability is limited to the amount of the order concerned (for the Customer) or to the subscription fees paid in the last 12 months (for the Merchant).

13. Indemnification

You agree to indemnify and hold Eatspanda harmless against any claim, loss, damage, liability, or expense resulting from your use of the Platform or violation of these Conditions.

14. Modifications and Termination

Eatspanda may update these Conditions at any time. Modifications will be notified to users. Continued use of the Platform constitutes acceptance of the new Conditions. Eatspanda reserves the right to terminate an account in case of serious violation of the Conditions.

15. Dispute Resolution & Mediation

• Applicable Law: These Conditions are governed by French law.
• Mediation: In the event of a dispute, the Customer may use a consumer mediator free of charge (in accordance with Article L612-1 of the French Consumer Code) before any legal action.
• Jurisdiction: Any dispute shall be submitted to the exclusive jurisdiction of the French courts.