1.1 BuffetGo (hereinafter referred to as “we”, “us” and “our”) operates through the www.buffetgo.org website (the “Site”) and provides a platform for its users (hereinafter referred to as “you”, the “User” or “Customer” or “Visitor”) who wish to purchase buffet restaurant food (the “Product”) at heavily discounted prices and buffet restaurants (the “Restaurant”) who wish to make their food available to Customers after the Restaurant’s usual closing time (the “Service”).
1.2 BuffetGo offers the Site, including all information, tools and Services available from the Site to You conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1.3 By visiting the Site and using the Services provided therein you agree to be bound by the following terms and conditions (the “Terms of Service”, the “Terms”), including those additional terms and conditions and policies referenced herein. Therefore, please read these Terms of Service carefully before accessing the Site or using the Services. These Terms of Service apply to all Users of the Site and the Services, including without limitation Users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all the terms and conditions of these Terms of Service, then you should not access the Site or use any Services provided therein.
1.4 Any new features or tools which are added to the current Site shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Site. It is your responsibility to read and understand any changes or updates to the Terms of Service that may be posted on this page periodically. Your continued use of the Services or access to the Site following the posting of any changes constitutes acceptance of those changes.
2. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
2.1 Once you have selected the Products you wish to order of your chosen Restaurant and provided the other required information, you will be given the opportunity to submit your order by clicking or selecting the “proceed”, “place my order” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting that button; once you do so we will start processing your Order and errors cannot be corrected.
2.2 Once you have submitted your Order and your payment has been authorized, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund unless otherwise specified in “5. REFUNDS”.
2.3 Where any payment you make is not authorized, your Order will not be processed.
2.5 Once you have receipt the confirmation of the Order you may collect the Product(s) from the relevant Restaurant at the date and time specified in the Order confirmation.
2.6 Meals purchased through the Site are strictly only available in accordance with the order details confirmed on the Order receipt sent to you by email. You must collect the ordered portion quantity from the specified Restaurant with the correct address at the stated date and time. It is your responsibility to ensure that you process this information accurately and BuffetGo shall not be held liable to refund any errors in this context, for example if you travel to a restaurant of the same name but different address to that confirmed on the Order receipt. Further, BuffetGo is not liable to refund you should you arrive after the specified and agreed time to collect your Order and find the buffet closed, nor are we responsible for any circumstances which may have caused you to arrive late.
2.7 Neither BuffetGo nor its participating Restaurant are under any obligation to provide food receptacles or containers for the customer’s usage, unless a container is purchased. Although take-away boxes are typically available from most participating Restaurants, Customers should take their own containers.
2.8 Customers promise and guarantee only to pack and take away the quantity of food allowed by the Restaurant. The quantity is a plate. It can be a big or small portion on a plate, but still a plate. If someone pours 5 plates of food on one plate, the restaurant may stop the customer. Restaurants may independently and reasonably deal with any abuse/exploitation/mistreatment of the Service and BuffetGo shall not be held liable for any problems that may arise from a Customer acting in such a manner, including but not limited to being asked to leave Restaurant property and/or prevented from returning to that premises in the future.
2.9 BuffetGo is available exclusively online through the Site. The Product is by its nature limited in quantity and we therefore cannot guarantee that every Restaurant listed will always have the Product available to be ordered via the Site (/in stock). Where this is the case, and the Restaurant has reached its order limit for a specific day’s service, a product will be unavailable for order. In the unlikely event that an order is processed and paid for and the Restaurant has run out of food then you will be entitled to a refund (as set out in 5. REFUNDS).
2.10 On collection, Customers agree to take the Product away from the Restaurant and not consume or begin consuming the meal whilst on the Restaurant’s premises.
2.11 We reserve the right but are not obligated (i) to limit or cancel the quantities of any Products or Services offered via the Site; (ii) to refuse any order you place with us and (iii) to limit the sales of the Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
2.12 We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
3. OBLIGATIONS AND RESTRICTIONS
3.1 By using the Services you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
3.2 You may not use the Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
3.3 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from misusing the Site and using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
3.4 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site nor the Services, use of the Service, or access to the Site of the Services or any contact on the Site through which the Service is provided, without expressed written permission by us.
3.5 You must not modify the digital or paper copies of any materials that you print off, including but not limited to the Order confirmation, and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
3.6 You must ensure that our status as the author of the material on the Website is always acknowledged.
3.7 You are not allowed to use any of the materials on the Site or the Site itself for commercial purposes without obtaining a licence from us to do so.
3.7 A breach or violation of any of these Terms will result in an immediate termination of your use of the Services.
4. PRICES AND PAYMENT
4.1 Prices will be as quoted on the Site as the country’s currency. These prices include VAT but exclude delivery costs as you need to collect the Product by yourself.
4.2 Product prices are subject to change at any time without notice, at the sole discretion of us. We further reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
4.3. It is possible although very unlikely that some of the Products may include incorrect prices. In such an event, neither we nor the relevant Restaurant is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
4.4. Payment for Orders must be made by an accepted credit or debit card through the Site prior to the Product being collected.
4.5. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
4.6. Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorized, your bank or card issuer will “ring-fence” the full amount of your Order. If your Order is subsequently cancelled for any reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
5.1 If you are a new Customer, as part of the ‘First Meal Free’ promotion you are entitled to a full refund of the first meal you purchase through the BuffetGo website. The refund will be automatically issued to you (you don’t need to do anything) within three working days of your initial purchase.
5.2 In the unlikely event of you arriving at the Restaurant at the allocated time slot (as stated in the information section for that Restaurant and also in the system-generated email you receive upon placing your order) to find that there is no food available, BuffetGo will refund you the full amount of your Order. Should this be the case, please email your refund request to firstname.lastname@example.org stating the Order number, the name and address of the Restaurant and the time of your visit. BuffetGo will then verify your inquiry with the Restaurant and notify you of any refund due by email before refunding the amount paid via the payment method used to make the initial purchase.
5.3 There are no other circumstances under which a payment made by the customer to BuffetGo will be refunded to the customer by BuffetGo.
6. ACCURACY, COMPLETENESS AND SERVICE ACCESS
6.1 You agree to provide current, complete and accurate purchase and account information for all purchases made via the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6.2 We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on the material on the Site is at your own risk.
6.3 Occasionally there may be information on the Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right, but have no obligation to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
6.4 The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to our Site.
6.5 Restaurant information pages may display photographed images of the food typically on offer at the Restaurant. Whilst these photographs should act as a representation of the Restaurant’s typical products (e.g. photographs of pizza if the restaurant cuisine is Italian) they do not offer any guarantee that the food items pictured will be available for the Customer via the Site and Services. Similarly, Restaurants’ Products may be listed on the Restaurant information page on the Site. This should be taken merely as a suggestion of what is typically on offer at the Restaurant and not as a guarantee of availability.
6.6 While we try to ensure the Site and the Services are normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Site and the Services are unavailable at any time or for any period.
6.7 Access to the Site may be suspended temporarily at any time and without notice.
7.1 Unless otherwise stated, the copyright and other intellectual property rights in the Site and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved.
7.2 Any other rights not expressly granted in these Terms are reserved.
7.3 Once you buy food from our store you agree not to copy this concept. If you choose to copy our BuffetGo concept you agree a lawsuit on one hundred million dollars.
8. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
8.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively the “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (i) to maintain any Comments in confidence, (ii) to pay compensation for any Comments, or (iii) to respond to any Comments.
8.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
8.3 You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
9. ACCOUNT CANCELLATION
9.1 You may cancel your account on the Site at any time by notifying us that you no longer wish to use the Site via the “My Account” section of the Site.
9.2 If in our sole judgment you fail, or we suspect that you have failed to comply with any terms or provision of these Terms of Service, we may terminate your account on the Site at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Site and the Services (or any part thereof).
10. THIRD-PARTY LINKS AND THIRD PARTY TOOLS
10.1 Certain content, Products and Services available via the Site may include materials from third-parties.
10.2 Third-party links on the site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
10.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10.4 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
10.5 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
10.6 Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
10.7 We may also, in the future, offer new services and/or features through the Site (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
11.1 We do not guarantee, represent or warrant that your use of the Site and the Service will be uninterrupted, timely, secure or error-free.
11.2 We do not warrant that the results that may be obtained from the use of the Site or the Service will be accurate or reliable.
11.3 You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
11.4 You acknowledge and agree that your use of, or inability to use, the Site and the Service is at your sole risk. The Service and all Products delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ basis for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
11.5 In no case shall BuffetGo, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site or any of the Services or any Products provided therein, or for any other claim related in any way to your use of the Site and the Services or any Products provided therein, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site and the Services or any content (or Product) posted, transmitted, or otherwise made available via the Site and the Service, even if advised of their possibility.
11.6 You acknowledge and agree that by listing a restaurant on Site, we do not endorse or warrant its hygiene and food safety standards, level of food quality, methods of sourcing its food products or its handling of food. The Restaurants promise to conform to their own hygiene and food safety standards independent of BuffetGo. Where the Customer has a complaint with the quality of the food on offer at the Restaurant or the hygiene standards they perceive that Restaurant to uphold, the Customer should deal directly with the Restaurant and not with BuffetGo. BuffetGo accepts no liability or responsibility for any complaints that may arise as a result of consuming the Restaurant’s food, including but not limited to hygiene complaints, food quality complaints, illness, sickness or death.
11.7 It is not recommended to reheat some foods. If you are taking restaurant food home with the intention of reheating it before consumption, neither BuffetGo nor the Restaurant accept any liability for any illness or otherwise that may result from consuming such foods. Always consult a food health expert before reheating food, particularly meats.
11.8 We are not responsible for any issues that may arise as a result of your intolerance or allergy towards certain food stuffs. Should you have allergies or intolerances towards any particular foods you should consult the Restaurant upon collection.
You agree to indemnify, defend and hold harmless BuffetGo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
13. WRITTEN INFORMATION
13.1 When using the Site or ordering Products via the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Service that is caused by events outside our reasonable control (“Force Majeure Event”).
14.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1 strikes, lock-outs or other industrial action;
14.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
14.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
14.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
14.2.5 impossibility of the use of public or private telecommunications networks; and
14.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under these Terms of Service is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Terms of Service may be performed despite the Force Majeure Event.
15. ENTIRE AGREEMENT
15.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
15.2 These Terms of Service and any policies or operating rules posted by us on the Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Site and the Services therein, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
16. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
17.1 The headings used in these Terms are included for convenience only and will not limit or otherwise
17.3 SEVERABILITY: In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
17.4 GOVERNING LAW: These Terms of Service whereby we provide you Services shall be governed by the courts of Denmark.