Published: 1st June, 2020
You (the "user") agree to this ToU as a binding legal agreement between you and Eats365, without limitation or qualification. If you do not agree to this ToU, then you are prohibited from using the Platforms.
If you are a minor under the age of 18, you must be under direct supervision of your parent or legal guardian to use the Platforms, and your parent or legal guardian must read and agree to the Terms and agree to take responsibility for your actions, prior to your using the Platforms.
Eats365 reserves the right to modify these Terms at any time without prior notice. You agree that each visit you make to the Platforms shall be subject to the then-current Terms, and continued use of the Platforms shall constitute that you have read, understand and accepted the Terms or the then-modified Terms, and agreed to be bound by them.
1. About Us
365 Technologies Holding Limited, its parents and its subsidiaries ("Eats365" or "we" or "us" or "our") own and operate websites, located at www.Eats365.com, www.Eats365pos.com, and Mobile Apps, Eats365 User App, available at selected App Stores. Collectively, refer to as the "Platforms".
2. The Platforms
The Platforms are an independent third-party marketplace for you to place orders (“Order”) for food and beverages with participating restaurants (the "Restaurant" or "Restaurants"), and is a provider of such order placement services only. Neither Eats365, nor the Platforms is a merchant of food or beverages, and does not sell or control the Restaurants or the production of any food or beverages produced at or provided by the Restaurants.
The Restaurants have entered into agreements with Eats365 to comply with all governing laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. However, Eats365, does not in any way independently verify the credentials or representations of any of the Restaurants, the ingredients or the quality of any their products or services, or any Restaurant's compliance.
You should make yourself comfortable through the information provided by the Restaurants on the Platforms, by contacting the Restaurants directly, or through such other means or methods as you may deem appropriate, to ensure the quality and reliability of the Restaurants and the Restaurants' compliance with applicable laws. Eats365 does make any representation or in any way guaranty the quality of any Restaurant or any food or beverage in connection therewith, or any compliance thereof with applicable laws. In addition, a Restaurant may represent certain standards with respect to their method of food preparation which Eats365 does not investigate or independently verify the accuracy of such representations, and Eats365 cannot be held liable or responsible for any food or beverages, or any other services, offered by the Restaurants or any errors or misrepresentations made by them (including information published on the Platforms).
If you have any comments or concerns about the services or experience you had provided by our Restaurants, in additional to contacting the Restaurant directly, we encourage you to contact us via email: support@Eats365.com
to let us know of such comments or concerns you might have regarding the Restaurant.
3. Use of the Platform and Your Account
Before you can using the Platforms, you will need to register for an account. While registering for the account, you will be prompted to enter certain personal information including, without limitation to, your name, email address, mobile number, delivery address, password, or other secure login method, and may also have to provide credit card details.
It is your responsibility to keep the password entered, or other secure login method secret, to prevent others from accessing your account. You will be responsible and pay for any orders placed through your account, and Eats365 cannot be held responsible for any losses incurred to you. Should you find your account compromised, we encourage you to contact us via email at once.
Closing your account, you may request to have your account closed by emailing us. At your request, we may suspend your access to your account, or close it permanently. We may also close your account, if we believe that your account has been accessed by someone else, or your account has been involved in any activity or conduct that is in breach of the Terms.
4. Acceptable Use
You agree that your use of the Platforms is subject to all applicable laws and regulations.
You also agree:
to comply with governing laws or rules regarding online conduct and acceptable material;
not to enact any criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
not to use the Platforms or submit content to the Platforms if you are under the age of 18;
not to access the Platforms using a third-party's account/registration without the express consent of the account holder;
not to use the Platforms to engage in commercial activities apart from its sanctioned use of services;
not to systematic retrieve content, including, without limitation to restaurant menu content and third-party reviews, for republication in print or online;
not to create restaurant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit;
not to interfere with another person's use and enjoyment of the Platforms or another entity's use and enjoyment of the Platforms;
not to attempt to gain unauthorized access to the Platforms, or other computer systems from or through the Platforms;
not to interfere with, disrupt, or create an undue burden on the Platforms or the networks or services connected or linked thereto;
not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
not to violate the security of the Platforms, system resources, accounts, passwords, servers or networks connected to or accessible through the Platforms or affiliated or linked sites.
5. Age Restricted Goods
Age restricted goods (including, without limitation, alcohol, tobacco and cigarettes) can only be sold to persons of legal age applicable to your local law. By placing an order for age restricted goods, you confirm that you and the recipient of the goods are at the legal age applicable to your local law. You may be asked to present a valid photo ID verifying your age at the time of delivery. If you are unable to satisfy this requirement, you may not place orders for any age restricted goods. Should any age restricted goods be refused at the time of delivery, you will still be charged for the relevant Item(s) and any charges associated, and no refunds (whether in whole or in part) will be issued.
When you place an Order through the Platforms with a participating Restaurant, the Order is subject to the acceptance by both Eats365 and the Restaurant before it is confirmed. Some Restaurants may require a minimum order value (“MOV”), as such, you will need to fulfil the MOV before your order at such restaurant can be placed successfully. Once the Order is confirmed, we will notify you through status update, notification and/or email, and you are then responsible for the cost associated with the Order, including any applicable delivery fees and taxes (e.g. sales tax, goods and services tax, value-added tax, etc.).
You may provide special requests and/or allergy information with your order, however, Neither Eats365, nor the Restaurants will guarantee that your order is prepared according to your special request or is free of allergens. Please contact the Restaurant prior to placing your order if the special arrangement is critical to you. Eats365 and the Restaurant cannot be held responsible for any non-conformance or allergic reaction suffered.
For delivery Orders, you are responsible to provide the correct delivery address and contact information to ensure proper delivery. Eats365 and the Restaurant shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you, and no refund can be issued for such instances. Please also ensure that you are available to receive the order at the specified time.
For pickup Orders, please pick up the order at the specified time to ensure freshness. Eats365 and the Restaurant shall not be liable for any quality issues associated with late Order pick up.
7. Prices and Payments
Prices published on the Platforms are displayed in the region’s local currency. Prices and offers published on the Platforms are dynamically set by the Restaurants, and may change at any time without notice. Neither Eats365, nor the Restaurants shall be held liable for any Order failure or refusal at the time when an Order is placed due to changes on prices or discontinuation of offers. Depending on your region and the Restaurant selected, taxes (e.g. sales tax, goods and services tax, value-added tax, etc.) may be added in addition to the published item prices. A breakdown of the prices, taxes and additional charges are displayed on the Checkout page (“Checkout”) before an Order is placed. When you place an Order, you confirm that you agree to pay the final ‘Total’ amount displayed.
Different payment methods may be available to you on Checkout, depending on your region and the Restaurant selected, this may include: Visa, Mastercard, American Express, Apple Pay, Google Pay, Samsung Pay, Alipay, and others. You may choose any one of the options available to you to complete your Order.
8. Cancelation and Refund
You may cancel an Order without charge at any time before the Order is accepted by the Restaurant. Once the Order is accepted, it is no longer possible to cancel your Order from the Platform. If you still wish to cancel your Order, please contact the Restaurant immediately. You are entitled to a full refund if your Order is cancelled by the Restaurant after it has been accepted. For Orders cancelled by you after it has been accepted by the Restaurant, you understand that no refunds (whether in whole or in part) will be issued and you understand that such cancelation with lead to you forfeiting your cancelled Order.
In the event a dispute arise between you and a Restaurant, you are encouraged to resolve the issue directly. You understand that any Order placed through the Platform and item(s) provided by the Restaurant (the “transaction”) is solely between you and the Restaurant, and that Eats365 is under no obligation to become involved, and you hereby release Eats365, its parents, its subsidiaries, its directors, officers, employees, service providers, affiliates, agents and successors from all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
The Platforms allow users to interact with other users by reviewing and posting comments. You are entirely responsible for the content of, and any harm resulting from, your use of, participation with, and postings in the interactive portions of the Platforms (such use, participation, and/or postings, being your "Contribution"). When you create or make available a Contribution, you thereby represent and warrant that:
the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including, without limitation to the copyright, patent, trademark, trade secret or moral rights of any third party;
you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Eats365 and the Platforms, and all uses thereof, to use your Contributions as necessary to exercise the licenses granted by you under these Terms;
your Contribution is not (in all cases as determined by Eats365 in its sole and absolute discretion) obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable, libellous or slanderous, does not advocate the violent overthrow of the local government, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
your Contribution does not constitute, contain, install or attempt to install or promote your Contribution does not contain any viruses, worms, Trojan horses, malicious code, spyware, malware or other or any other computer code or harmful or destructive content, whether on Eats365's or others' computers or equipment, including any computer code designed to enable you or others to gather information about or monitor the activities of another party;
your Contribution does not inundate the Platforms with communications or other traffic suggesting no serious intent to use the Platforms for its stated purpose;
your Contribution does not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation; and
your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Eats365 in its sole and absolute discretion.
By posting Contributions, you automatically grant, and you represent and warrant that you have the right to grant, to Eats365 an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the Platforms or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing.
Eats365 has the right, in its sole and absolute discretion, to (a) edit, redact or otherwise change any Contributions, (b) re-categorize any Contributions to place them in more appropriate locations, or (c) pre- screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of these Terms.
Eats365 may accept, reject, or remove any Contributions, including restaurant reviews in its sole and absolute discretion, but Eats365 has absolutely no obligation to screen or delete Contributions, even if someone considers a particular Contribution to be objectionable or inaccurate. If you are posting a review of a restaurant, your review must comply with the following criteria: (a) you should have first-hand experience with the restaurant; (b) you are not affiliated with any competitors of the restaurant; (c) you will not make any conclusions as to the legality of the restaurants products, services, or conduct; and (d) your review must comply with the other Contribution representations, warranties, covenants, and other agreements in these Terms. Reviews are not endorsed by Eats365, and do not represent the views of Eats365 or of any affiliate or partner of Eats365. Eats365 does not assume liability for any review or for any claims, liabilities or losses resulting from any review.
11. Intellectual Property Rights
All content included in and as a part of the Platforms (including, without limitation to, all source code, databases, functionality, software, website, designs, audio, video, text, photographs, and graphics, (the "Content"), including all trademarks, service marks, and logos contained therein ("Marks"), is the property of or is licensed to Eats365, and are subject to copyright and other intellectual property rights under local governing laws and international conventions. Eats365 reserves all rights in and to the Content and Marks. Subject to your agreement to, compliance with, and except as otherwise prohibited by, these Terms, you are hereby granted a limited, non-exclusive, non- transferable license to access and make personal and non-commercial use of the Platforms; the license granted hereby does not include any resale or commercial use of the Platforms, or Content. If you download or print a copy of the Content for personal use in accordance with the limited license granted herein, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Platforms or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Platforms or the Content therein.
13. Term and Termination
These Terms shall remain in full force and effect while you use the Platforms. You may terminate your use or participation at any time, for any reason, by either ceasing to use the Platforms or by notifying us directly.
Without limiting any other provision of these Terms, Eats365 reserves the right to, in its sole discretion and without notice or liability, deny access to and use of the Platforms, to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms, or of any applicable law or regulation, and Eats365 may terminate your use or participation in the Platforms, delete your account, profile and any content or information that you have posted at any time, without warning, in its sole and absolute discretion.
Any provisions of these Terms that, in order to fulfil the purposes of such provisions, need to survive the termination or expiration of these Terms, shall be deemed to survive for as long as necessary to fulfil such purposes.
You agree to defend, indemnify and hold Eats365, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys' fees, made by anyone in connection with your use of the Platforms, with your Submissions, with any alleged infringement of intellectual property or other right of any person or entity relating to the Platforms, your violation of these Terms, and any other acts or omissions relating to the Platforms.
15. Disclaimer of Warranties
You agree that your use of the Platforms will be at your sole risk. To the fullest extent permitted by law, Eats365, its parents, subsidiaries, its directors, officers, employees, service providers, affiliates, and agents disclaim all warranties, express or implied, in connection with the Platforms and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non- infringement. Eats365 makes no warranties or representations about the accuracy or completeness of the Platforms, its contents, or linked contents and assumes no liability or responsibility for any
Errors, mistakes, or inaccuracies of content and materials;
Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Platforms;
Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
Any interruption or cessation of transmission to or from the Platforms;
Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platforms by any third party, and/or;
Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any of the products, services, or content posted, transmitted, or otherwise made available via the Platforms. Eats365 does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered through the Platforms or any linked website or featured in any banner or other advertising, and Eats365 will not be a party to or in any way be responsible for monitoring any transaction between you and providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
16. Limitation of Liability
In no event shall Eats365 be liable to you for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any loss or damages whatsoever (even if the possibility of such damages has been previously advised), whether in an action under contract, negligence, or any other theory, in any manner arising out of or in connection with the use, inability to use, performance of, or services provided on or through the Platforms. Eats365 assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing of, or downloading of any material from the Platforms. Eats365 assumes no responsibility or liability in any manner arising out of or in connection with any information, content, products, services, or material available on or through the Platforms, as well as any third party website pages or additional websites linked to this Platforms, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, inaccuracy contained therein or harm to person or property caused thereby. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. In no event shall Eats365's total liability to you for all damages, losses and causes ofaction, whether in contract, tort (including but not limited to, negligence) or otherwise, exceed the amount paid by you to Eats365 or a Restaurant affiliate, if any.
These Terms constitutes the entire agreement between you and Eats365 regarding the Platforms. The failure of Eats365 to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operates to the fullest extent permissible by law. These Terms and your account may not be assigned by you without our express written consent. Eats365 may assign any or all of its rights and obligations to others at any time. Eats365 shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Eats365's reasonable control. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
18. Governing Law and Language
You agree to accept that this ToU is governed by and construed in accordance with the laws of Hong Kong. You also accepts the exclusive jurisdiction of the Courts of Hong Kong in relation to any dispute that may arise in connection with this ToU. This ToU may appear on our Platforms and/or Website in languages other than English, in the event of inconsistencies, the English language version shall prevail.
If you wish to contact us regarding any questions or comments you may have, you can email our customer support at:
365 Technologies Holding Limited