Terms and conditions

WhatsFood Website Terms of Use

These Terms of Use govern your use of the WhatsFood website and, unless otherwise stated, your use of any other website or mobile application owned or operated by WhatsFood Ghana or operated on behalf of WhatsFood (collectively the “Websites”). Please read these Terms of Use carefully before using the Websites.

Agreement to Terms

By using the Websites, you agree to these Terms of Use and the WhatsFood General Online Privacy Policy (for visitors who are eighteen years of age or over) or the WhatsFood Children’s Online Privacy Policy (for visitors who are under eighteen (18) years of age) which are incorporated herein by reference. Each time you use the Websites, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, your only remedy is to discontinue using the Websites.

WhatsFood may change these Terms of Use at any time and at its sole discretion. The modified Terms of Use will be effective immediately upon posting, and you agree to the new posted Terms of Use by continuing your use of the Websites. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Websites.

Accounts

You may be required to create an account and specify a password to use certain features on the Websites. You agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information.

You are entirely responsible for maintaining the confidentiality of your password and your account. You are also entirely responsible for all activity made by you or anyone who uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by email at: support@whatsfood.com or send a message to our live-chat service. You agree to indemnify and hold harmless WhatsFood for losses incurred by WhatsFood or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

Cancellation

You have the right to cancel your order up to five minutes after your order is placed on the WhatsFood platform. After this point, the restaurant would have started preparing the food, and therefore no refunds would be possible. For the avoidance of doubt, timing will be assessed based on the point you place your call with our call center or send a message to our live-chat service. In the event of a cash-on-delivery order, your order will be delivered as instructed, and cash must be collected by the rider. In the event that a customer refuses to pay the cash to our rider, WhatsFood reserves the right to limit his/her future cash payments.

Content Posted by Other Users

WhatsFood is not responsible for, and does not endorse, content in any posting made by other users on the Websites. Under no circumstances shall WhatsFood be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any content posted by a third party on the Websites. If you become aware of misuse of the Websites by any person, please contact WhatsFood by email at: support@whatsfood.com or send a message to our live-chat service.

If you feel threatened or believe someone else is in danger, you should contact the local law enforcement agency immediately.

Activities Prohibited on the Websites

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Websites. WhatsFood reserves the right to investigate and take appropriate legal action against anyone who, in WhatsFood's sole discretion, engages in any of the prohibited activities. Prohibited activities include — but are not limited to — the following:

  • Using the Websites for any purpose in violation of local, state, or national laws or regulations;
  • Posting content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
  • Posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by WhatsFood in its sole discretion or pursuant to local community standards;
  • Posting content that constitutes cyber-bullying, as determined by WhatsFood in its sole discretion;
  • Posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;
  • Posting telephone numbers, street addresses, or last names of any person;
  • Posting URLs to external websites or any form of HTML or programming code;
  • Posting anything that may be “spam,” as determined by WhatsFood in its sole discretion;
  • Impersonating another person when posting content;
  • Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
  • Allowing any other person or entity to use your identification for posting or viewing comments;
  • Harassing, threatening, stalking, or abusing any person;
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of WhatsFood, exposes WhatsFood or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
  • Encouraging other people to engage in any prohibited activities as described herein.

WhatsFood reserves the right -- but is not obligated -- to do any or all of the following:

  • Investigate an allegation that any content posted on the Websites does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the content;
  • Remove content that is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use;
  • Terminate a user’s access to the Websites upon any breach of these Terms of Use;
  • Monitor, edit, or disclose any content on the Websites; and
  • Edit or delete any content posted on the Websites, regardless of whether such content violates these standards.

WhatsFood Trademarks and Copyrights

All trademarks, logos, and service marks displayed on the Website are registered and unregistered trademarks of WhatsFood and/or third parties who have authorized their use (collectively the “Trademarks”).

You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The use of WhatsFood's trademarks on any other website is strictly prohibited. All of the materials contained on the Websites are copyrighted except where explicitly noted otherwise. WhatsFood will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. WhatsFood neither warrants nor represents that your use of materials displayed on the Websites will not infringe rights of third parties not owned by or affiliated with WhatsFood. Use of any materials on the Websites is at your own risk.

Hyperlinks

These Websites may contain hyperlinks to third-party websites. WhatsFood does not control or endorse these third-party websites or any goods or services sold on those websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that WhatsFood is not responsible or liable for any content or other materials on these third-party websites.

Governing Law and Severability

These Terms of Use shall be governed by and construed in accordance with the laws of Ghana, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and/or your use of the Websites resides in the courts of Ghana, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

Payment

Payments are processed by Emerging Markets Online Food Delivery S.à r.l., a limited liability company incorporated and existing under the laws of the Republic of Ghana, which is the ultimate holding of the local company in Ghana. Cross-border surcharges may be applicable.

The end customer can choose between different payment methods provided on the platforms, which are currently the following: [credit card, mobile money, and direct bank transfer]. The provider reserves the right to provide other payment methods or to no longer offer certain payment methods. The end customer bindingly chooses the payment method when placing the respective order. Provided that the end customer chooses an online payment method, the payment might be processed by an external payment provider cooperating with the provider. Card data will in this case be stored for future orders by the payment provider, on the condition that the end customer chooses the respective storage of such and hereby gives consent to it. Due to the ongoing public health precautions, all orders paid online will be delivered without physical contact.

Warranties

The Websites and the content are provided on an “as is” basis. To the fullest extent permitted by law, WhatsFood, its parent, subsidiaries, and affiliates (the WhatsFood entities), and each of their agents, representatives, and service providers, disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third-party rights, and fitness for a particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The WhatsFood entities, their agents, representatives, and service providers cannot and do not guarantee or warrant that: (a) the Websites will be reliable, accurate,

complete, or up-to-date; (b) the Websites will be free of human and machine errors, omissions, delays, interruptions, or losses, including loss of data; (c) any files available for downloading from the Websites will be free of viruses, worms, Trojan horses, or other codes that include or manifest contaminating or destructive properties; or (d) any content you view on the Websites will be free of offensive, indecent, or objectionable content. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Websites. Under no circumstances will the WhatsFood entities, their agents, representatives, and service providers be liable for any loss or damage caused by your reliance on information obtained through the Websites.

You expressly understand and agree that the WhatsFood entities, their agents, representatives, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if WhatsFood has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Websites; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Websites; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Websites; or (e) any other matter relating to the Websites. Some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

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