1.1 “Company” refers to Infinity Mobile NV, who is the party that created the chatbot Ask Emma. Infinity Mobile is located at Hoogstraat 29, 9850 Nevele, Registered in Belgium, VAT No. BE0640.980.849
1.2 “Partner Merchant” refers to any person, firm, company or unincorporated association which subscribes to the Service.
1.3 “Services” refers to the services provided by the Company in accepting orders and payments for Products from Customers and processing and transmitting such orders to the Partner Merchant, and services offered as part of marketing for Partner Merchant.
1.4 “Customer” refers to any person or party that orders Products from the Partner Merchant, through Ask Emma.
1.5 “Products” refers to any goods or service that members of the public may obtain from the Partner Merchant using the Ask Emma’s ordering and processing Services.
1.6 “Application” refers to a chatbot, mobile website or mobile application where a Customer can order Products at a selected list of Partner Merchants.
IMPORTANT LEGAL NOTICE
2.2 We may update these Terms and Conditions from time to time and you will be informed of any changes through a suitable announcement on the Ask Emma website. The changes will apply to the use of the Ask Emma website after we have given an announcement. If you do not wish to accept the updated Terms and Conditions you should not continue to use the Ask Emma Application. If you continue to use the Ask Emma Application after the date on which the changes come into effect, your use of the Ask Emma Application shows your agreement to be bound by the new Terms and Conditions.
2.4 For the prevention of doubt, please note that references to “Application” in these Terms include any current or future version of our website www.askemma.eu and any of the Ask Emma chatbot or any other application through which our services are accessed, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, chatbot, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).
2.5 Please tick the checkbox when ordering to confirm your acceptance of these terms and conditions. Please understand that if you do not accept these terms and conditions, you will not be able to order any products from our Application.
3.1 The Company provides a system for you to communicate your orders to Partner Merchants (“Partner Merchants”) displayed in the Application.
3.2 You may access some areas of our Application without making an order and registering your details with us. Most areas of our Application are open to everyone.
3.3 By accessing any part of our Application, you specify that you accept these terms and conditions. If you do not accept these terms and conditions, you must leave our Application immediately.
HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
4.1 Once you have chosen your order from the menu of your chosen Partner Merchant you will be given the chance to submit your order by clicking on “proceed”, “place my order” or similar button. Please note it is vital that you check the information that you enter and correct any mistakes before clicking on this button since once you click on this any errors cannot be amended.
4.2 If at any time prior to you clicking on the “proceed”, “place my order” or similar button, you decide that you do not wish to continue with your order, you should close the application window.
4.3 On receipt of your order, the Company will begin processing your order and we will send you a chat and/or email notification when your order has been received and that your order is being processed.
4.4 Where any payment you make is not authorised you will be returned to the previous page on our Application and we shall not be obliged to provide the services.
4.5 You have the right to cancel an order up to the point the order is referred to the Partner Merchant. It is currently not possible to do a refund on a paid order.
4.6 All queries regarding foods and drinks shown on our Application should be directed to the specific Partner Merchant.
4.7 After you submit an order to us, you will be given an Order Number (PIN code) and the details of this order will be sent via a chatmessage or an email. Please note that this is acknowledgement of your order, not acceptance of order.
4.8 Acceptance of your order will only happen when we send you an additional email/chat message/push notification confirming that the Partner Merchant has received and accepted your order. If the Partner Merchant is unable to fulfil your order you will receive an email stating that your order has been declined.
4.9 If you chose for Take-Away, during ordering you will be asked a point in time when you will come and pick up your order at the Partner Merchant. This time is sent to the Partner Merchant and you need to be there at the provided time to pick up. Arriving far later than the agreed point in time and asking for refund (because for example the warm food has getten cold) will be denied.
PRICE AND PAYMENT
5.1 All prices include VAT but may leave out order fee costs, which will be added to the total amount due, where applicable.
5.2 Our Application contains a large number of menus and it is always possible that some of the menus may be incorrectly priced. If the correct price for an order is higher than the price stated on our Application, the Company will normally contact you before the order in question is dispatched. The Company is under no constraint to ensure that the order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
5.3 Payment for all orders must be made by debit card or other payment methods as stated on our Application.
5.4 Once your order has been accepted, this signifies a contract between you the Customer and the Partner Merchant. Any transactions made by debit card (or in future Credit Card) in our Applicaton are processed by a Payment Provider that acts as an authorised agent of the Partner Merchant.
5.5 Prices are subject to amendments and all foods and drinks are subject to availability.
5.6 An order may be subsequently cancelled by a Partner Merchant after you have received an email stating the order has been accepted. The Company and our Partner Merchants reserves the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.
5.7 A discount may apply to your order if you use a promotional code recognised by our Application and validated by the Company.
6.1 The Company is fully responsible for any chargeback, refund and complaints subject to the following terms.
6.2 In the event that you have a complaint about the quality of food, drinks or service provided by the Partner Merchant on our Application then any compensation should be pursued directly from the Partner Merchant.
6.3 If you are still not satisfied with the respond from the Partner Merchant, you need to lodge in your complaint with the Company within 48 hours of placing your order via the Ask Emma Application or email address stating your order number.
6.4 Our Customer Care team will investigate your complaint and issue you a full refund once your complaint has been reviewed with the Partner Merchant.
7.1 The content and design of these website pages, chatbot and mobile application are subject to copyright and are owned by the Company. You are welcome to print pages for personal use but no part of our website, our logos or trademarks may be replicated or conveyed in any way for any other purpose.
7.2 Other than having authorisation to access the Application and use the services in accordance with these Terms and Conditions, you agree that nothing herein creates or allows present you any right in or ownership of any intellectual property rights existing in the presentation or format of the website or in any software, content, information, data or databases provided through the Application or used in or forming part of the services. This includes without limitation any registered or unregistered trademarks, service marks, logos, designs, database rights, copyright, rights in domain names or data owned by or vested in the Company or any third party (“Intellectual Property”).
8.1 The Company will make all reasonable efforts to provide you with access to the Ask Emma website, Facebook bot and application 24 hours per day without any interruptions. However, from time to time you may experience disruptions due to, for example, essential maintenance or problems beyond our control involving suppliers (eg. Payment Providers), Facebook Messenger updates, communications, the Internet, your own computer/smartphone/tablet or software failures.
8.2 The Company does not warrant that our Application will be available continuously and is not accountable for any downtime or disruption in website, Facebook bot or mobile application availability.
VISITOR MATERIAL AND CONDUCT
LINKS TO AND FROM OTHER WEBSITES
10.1 Links to third party websites on our Application are provided solely for your convenience. Those websites are not under the control of the Company and the Company is not accountable for the practices, content or availability of such websites. A link does not imply endorsement of sponsorship or affiliation with the linked site. If you decide to access linked third party websites, you do so at your own risk, and the Company will not be held accountable or responsible for any loss or damages caused by use of or reliance on any contents, goods or services available on such websites.
10.2 You may link to our Application homepage www.askemma.eu, provided that you do so in a fair and legal way which does not damage the Company’s reputation or take advantage of it.
10.3 The Company has the right to remove the linking permission at any time.
11.1 While the Company tries to ensure that information on this Application is precise & accurate; we do not promise it is fully correct. The Company may make amendments to the material on our Application, or to the Services and prices defined in it, at any time without notice. The material on our Application may be out of date, and the Company makes no commitment to update that material. In particular, we do not promise that the information provided by the Partner Merchants and displayed on this Application such as the menus, pricing and estimated times for deliveries is correct or up to date.
11.2 You are accountable for the security of your password that you used to register with this Application. The Company will not be responsible for any unauthorised transaction entered into using your name and password.
11.3 You should not under any circumstances give your password, credit/debit card details when contacting the Company. We only need your order number.
11.4 PLEASE NOTE: The Company attempts to correctly copy the item names, descriptions, prices, heat and allergenic warnings and other information (“Menu Information”) from the menus that are provided to us by Partner Merchants. However, it is the Partner Merchants that are accountable for providing this Menu Information and ensuring that it is truthfully correct. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Partner Merchant directly before ordering.
12.1 The Company may terminate or suspend (at our absolute discretion) your right to use our Application and your use of the Services immediately by notifying you in writing (including by email).
12.2 You are forbidden to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.
12.3 Upon termination or suspension of your membership you must immediately destroy any downloaded or printed extracts from our Application.
13.1 The Company and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all obligations and accountabilities for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable) in connection with our services, our Application or in connection with the use, inability to use or the results of use of our Application, any websites linked to our Application or the material on these websites.
13.2 The Company takes full accountability for the content of our Application and for the communication of orders to the Partner Merchants as set out in these Terms and Conditions. The Company’s customer care team will, subject to your compliance with these terms and conditions and cooperation, use all reasonable endeavors to resolve any issues arising from the submission of orders through our Application including the processing of all credit or debit card refunds and charge-backs where appropriate. However, please note even though we are the Merchant-of-Record (MOR) and responsible for charge-backs and refunds, the legal contract for the supply and purchase of food and beverages is between you and the Partner Merchants that you place your order with. The Company cannot take any responsibility that the Products ordered from the Partner Merchants through our Application will be of satisfactory quality and any such warranties are disclaimed by the Company. Neither can the Company take any responsibility that the estimated delivery and collection times stated on this Application are accurate. These disclaimers do not affect your statutory rights against the Partner Merchants.
13.3 If your use of material on our Application results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.
14.1 Persons buying one or more alcoholic products from Partner Merchants must be aged 18 or over. Alcoholic beverages can only be sold and delivered to persons aged 18 or over. By placing an order that includes alcohol, you confirm that you are at least 18 years old.
GOVERNING LAW AND JURISDICTION
16.1 By placing an order through our Application, you certify that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
17.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Application or ordering products through our Application, 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 our website. For contractual purposes, you agree to this electronic means of communication and you recognize 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.
EVENTS OUTSIDE OUR CONTROL
18.1 The Company will not be accountable or responsible for any failure to perform, or delay in performance of, any of our duties under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).
18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.