Terms and Conditions
1. Terms & Application
Mahalo Limited (Company No: 589798) of NCI Business Centre, Mayor Street, IFSC, Dublin 1, Ireland (Bamboo) grants you a non-exclusive, limited and revocable licence to use and access the Bamboo smartphone application or website (Application) and/or the Bamboo website (www.bamboo.app) (Website), (together, the Platform) subject to these terms and conditions (Terms)
In these Terms, “we”, “us” and “our” refer to Bamboo and references to “you” and “your” is to you, the user of the Platform.
The Platform allows registered restaurants and other vendors (Partners) to sell food, drinks and other products (Products) for sale through the Platform and for customers (Customers) to order (Order) and pay for Products for collection from the Partner’s premises (together, the Services).
By accessing and using the Platform you agree to be bound by these Terms. If you do not agree with these Terms, you must immediately stop using the Platform.
You agree that we may change, update or otherwise amend the Platform and these Terms at our absolute discretion.
2. Platform only
We provide the Platform to connect Partners and Customers. We are not and cannot be a party to any transaction between Partners and Customers, including any resultant Order or supply of Products.
We do not accept any responsibility or legal liability whatsoever for any act or omission of the Partner or the Customer arising from or in connection with the use of the Platform, any Orders or Products. The Partner and Customer may enforce any of these Terms against the other party directly in respect of the use of the Platform and each Order.
The Partner shall be fully responsible for any tax and other liability, deduction, contribution, assessment or claim arising from or made in connection with use of the Platform, Services and any Order.
You shall indemnify us against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable in connection with or in consequence of any such liability, deduction, contribution, assessment or claim, other than where such liability, deduction, contribution, assessment or claim arises out of our negligence or wilful default.
We may assist with the resolution of any complaint or dispute relating to an Order. However, you acknowledge that any legal recourse arising from or in connection with any Order, whether for breach of contract or otherwise, is against the Partner or Customer (as applicable) and not against us, notwithstanding anything to the contrary in these Terms or on the Platform.
You must cooperate with us and comply with all reasonable requirements, including information and documents relating to use of the Platform.
3. Using the application
The Application allows you to send Orders to Restaurants. The Restaurant has sole and complete discretion to accept or reject each Order. Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund of your Order. Bamboo encourages all our Restaurants to accept all Orders and to communicate any rejection promptly, and Bamboo will notify you as soon as reasonably practicable if a Restaurant rejects your Order.
The Restaurant has sole and complete discretion to accept or reject each Order. Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund of your Order. Bamboo encourages all our Restaurants to accept all Orders and to communicate any rejection promptly, and Bamboo will notify you as soon as reasonably practicable if a Restaurant rejects your Order. Restaurants have the discretion to reject. If the Restaurant accepts a request, the Application notifies you and provides an estimate on when your Order will be ready. Neither Bamboo nor the Restaurant guarantee that Orders will be ready for pick-up within the estimated times.
If you have any issues with your order, or wish to change or cancel your order, you may contact us directly through our support chat or [email protected] and we will assist you in resolving your issue directly with the Restaurant. However, we cannot guarantee that we will be able to get in touch with the Restaurant or change or cancel an order.
In order to access the Platform you will need to create an account and register a profile (Profile) on the Platform. You must provide a valid login name and a password (Account Information).
You may also be able to create your Account by providing access via a third party account (such as Facebook, Twitter or Google+), in which case you consent to our access to the third party account and your access to the Platform remains subject to compliance with the terms and conditions of the third party account and applicable privacy settings.
Your Account will become active when you follow the email link to activate your Account or automatically activated by registration through any third party account.
4. It is your responsibility to keep your Account Information secure and you agree:
not to give out your email with your Account Information;
not to use another person’s Account or share their Account Information;
to take all measures to prevent a third party from accessing your Account, even without your knowledge;
not to give access to your Account to a third party;
not to loan, share, exchange, donation, purchase, transfer and sell any Account (which action is fully prohibited and will not be enforceable against us); and
to use a personal or professional email address to create an account and not share this account information with any third party.
5. You are solely responsible for the use of your Account, irrespective of who is utilising it, whether with or without your permission. You indemnify us for any loss or damage we suffer as a result of unauthorised access to your Account.
5. Profiles and Information
We will collect from you or your third party account (such as Facebook or Google), personal information for your Profile, including your name, email address as well as at least one valid payment method (either a credit card or accepted payment partner).
You acknowledge that the Partners and Bamboo rely on the accuracy and completeness of all information provided during the registration process, completing your Profile and updated on the Platform. You shall be responsible for keeping your Account details and Profile up to date.
You warrant and represent that all information provided to us is accurate, complete and not misleading and remains so. You must notify us of any change to such information.
All Products are subject to availability. Your Partner may offer an alternative for any Product it cannot provide you with. Our Partner may use nuts in the preparation of certain Products. Please call our Partner prior to ordering if you have an allergy. Bamboo cannot guarantee that any of the Products sold by our Partners are free of allergens.
All Products may contain traces of the following allergens:
cereals containing gluten rye, barley, oats or their hybridised strains;
crustaceans and products with crustaceans;
egg and egg products;
fish and fish products;
peanuts and peanut products;
soybeans and soybean products;
milk and milk products including lactose;
nuts, including almonds, hazelnuts, walnuts, cashews, pecan nuts, Brazil nuts, pistachio nuts, macadamia or Queensland nuts and any products containing these nuts;
celery and celeriac products;
mustard and mustard products;
sesame seeds and products containing sesame seeds;
sulphur dioxide and sulphites at concentrations of more than 10 mg/kg or 10 mg/litre in terms of the total SO2;
lupin and products containing lupin; and
molluscs and mollusc products
Please note that if you are pregnant or are a food allergy sufferer you may need to take caution when consuming any of the Products which the Partner states or informs you contain these allergens listed above. For any questions regarding the allergen contents of specific Products please contact the Partner directly; the Partner are exclusively responsible for all information regarding the contents of Products, including (but not limited to) food labelling information and information regarding allergens in the Products.
7. Customer duties
The Customer agrees to:
be over the age of 16;
provide us with detailed Profile information;
order items from the Partners that you are legally entitled to purchase;
drink responsibly and that you are solely responsible for monitoring your drinking; and
inform Partners of any allergies or food intolerances in the comment section of the Bamboo Platform before placing each order.
2. The Partners are solely responsible for and we do not guarantee that food or beverages supplied by our Partners will comply with the Product description.
8. Sale of Alcohol
Alcoholic beverages can only be sold to persons over the age of 18 and proof of age may be required and the availability of alcohol is subject to the laws applicable to the Partner. It is a matter solely for the Partner to determine whether alcoholic beverages can be sold to you. By placing an order that includes alcohol, you confirm that you are at least 18 years old. By placing an order you agree to provide us with proof of age if requested to do so.
9. Price and Payment
Each Partner is solely responsible for ensuring that the pricing of Products on the Partner Profile are accurate, up to date and reflects the pricing of such Products as published in the Partner’s physical menu, unless a separate pricing of Products is jointly agreed in writing between the Partner and us.
Bamboo shall charge you on behalf of the Restaurant for the Order placed by you. You agree that you will pay for all Products you purchase from the Restaurant, and that Bamboo may charge you the total amount for your Order using the payment method provided by you when registering for the Service for the Products (including any taxes, as applicable). You are responsible for the timely payment of all fees and for providing Bamboo with a valid method of payment at all times. Any payment made is non-refundable.No cash payments are accepted.
All prices for the Services are inclusive of VAT unless specified on the Platform and subject to change at any time. You agree to pay any duties or taxes with respect to the Services and indemnify us against any claim arising from failure to make such payment.
The use of the Application and the Service is available to you free of charge. Bamboo reserves the right to introduce a fee for the use of the Application and/or the Service. If Bamboo decides to introduce such a fee, Bamboo shall inform you accordingly and allow you to either continue or terminate your use of the Service.
Payments must be made in advance by credit card, payment service provider or any other payment method specified on the Platform. Surcharges may apply for certain payment methods. You warrant that there are sufficient funds on the relevant credit or debit card to pay for all charges, including variable fees for Orders. Any payment made is non-refundable.
Bamboo uses a third-party payment processor (the "Payment Processor") to link the payment card you provide to the Application and Service.
The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of your credit card issuer in addition to these Terms. Bamboo is not responsible for any errors by the Payment Processor.
10. Platform availability
You acknowledge that we are not required to keep the Platform available for your use and we make no warranties as to its availability or that the Platform will operate continuously or error-free.
We accept no responsibility for the unavailability of this Platform, or any offer of Services found on the Platform, or any interruption or malfunction for any reason whatsoever (including failures of our Internet provider or web hosting service provider, third party intrusions or force majeure) and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Platform.
We make no guarantees, implied or express, as to the ongoing availability of the Platform or Services.
We may at our discretion issue a code for certain promotions (Code) to a Customer offering a discount from the total price of an Order. Codes for each promotion are one time usage codes, have a finite expiry date and may only be applied once per Order. If the full value of a Code is not used in the Order the residual unused value will be lost. A Code may be withdrawn at anytime at our sole discretion.
Each Code for a promotion may only be used once per Customer. Further conditions may be specified in the terms of the offer for each Code, including via the Platform.
In order for the Code to be applied to an Order it must be entered into the Platform before the completion of an Order. At our discretion we may or may not provide any further information about a Code and we do not guarantee a Code may be applied to any particular Order.
Vouchers with credit amount redeemable for Products (Vouchers) may be provided via the Platform and redeemed against Products or Orders (as applicable). Unless specified otherwise, Vouchers expire 12 months from the date of issue and must be used on a single Order.
Vouchers cannot be used for previous purchases, reloaded, resold, transferred for value, redeemed for cash or used to make a payment towards third party items, except to the extent required by law. The risk of loss and title for Vouchers pass to the recipient upon our electronic transmission of the Voucher to the recipient or designated Customer. We are not responsible if any Voucher is lost, stolen, destroyed or used without your permission.
We will have the right to close Customer accounts and take payment from alternative forms of payment if any fraudulently obtained Voucher is redeemed and/or used to make a Order.
We make no warranties, express or implied, with respect to Vouchers, including any express or implied warranty of availability of Products, merchantability or fitness for a particular purpose. In the event a Voucher is non-functional, your sole remedy, and our sole liability, will be the replacement of the Voucher for the same or equivalent Product.
12. Intellectual Property
The Partner hereby grants us a non-exclusive royalty-free licence to use its logo and/or name and as otherwise reasonably necessary or desirable in connection with these Terms. The Partner shall on request supply us such images or other artwork so as to enable us to accurately reproduce the Partner’s logo on advertising materials.
All content on the Platform is our copyright and property and can be used for any purpose relating to the Platform or our business. Without our express written permission, you shall not copy the Platform for your own commercial purposes, including:
replicate or use the details and profiles of any Customer or Partner;
replicate all or part of the Services or Platform in anyway;
use any “deep-link”, “robot”, “spider”, “page-scrape” or other automatic device, programme, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, Profiles or any content, nor in any way reproduce or circumvent the navigational structure or presentation of same, nor obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform; and
incorporate all or part of the Platform in any other webpage, website, platform, application or other digital or non-digital format.
3. All content remains our Intellectual Property, including (without limitation) any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the Partner or any Customer.
To the extent permitted by law, Bamboo provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither bamboo nor any Partner shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Services. In the event that Bamboo or the Partner is found to be liable to you our total aggregate liability is limited to the purchase price of the Meals you have paid for in your order. This does not include or limit in any way Bamboo or any Partner liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
15. Third Party Services
The Platform may contain information and advertising from third-party businesses, people and websites (Third Parties). You consent to receiving this information as part of your use of the Platform.
Users must maintain in confidence any written information that (Confidential Information):
contains personal information or, where applicable, details of the business of the Partner;
details the business of Bamboo;
contains personal information of any Customer; and
is identified by either party as confidential and/or proprietary,
other than information that the relevant party can establish:
was in the public domain at the time it was disclosed;
was already in the possession of a party when given, without having been acquired (directly or indirectly) from the other party; or
was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.
2. Users must not:
use any of the Confidential Information except to the extent necessary to exercise its rights and perform its obligations under this Agreement; or
disclose any of the Confidential Information,
provided that each party may disclose Confidential Information that is required to be disclosed:
by law or by order of any court or tribunal of competent jurisdiction;
by any Government Agency, stock exchange or other regulatory body; or
to its personnel and advisors, where the party informs the recipient of the obligations in relation to the Confidential Information under this Agreement.
3. If a user is required to make a disclosure under this Clause, that user must:
to the extent possible, notify the other party if it anticipates that it may be required to disclose any of the Confidential Information; and
only disclose Confidential Information to the extent necessary to comply.
4. The obligations under this Clause continue in full force and effect after this Agreement ends.
Your use of the Platform may be suspended or cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Platform should you receive a notice suspending or cancelling your licence to use the Platform.
We may end the agreement formed by the Terms immediately by giving you written notice. It is not essential to provide reasons for the termination. Where these Terms have been terminated you must immediately cease using the Platform.
Customers may terminate their use of the Platform and suspend or have an Account removed at any time, provided that no amounts are outstanding. Any amounts standing to the credit of a Customer’s Account shall be forfeited.
Partners may terminate their use of the Platform pursuant to the conditions set out in the Partner Terms & Conditions.
Your use of the Platform may be cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Platform should you receive a notice cancelling your licence to use the Platform.
18. Entire Agreement
These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
19. Our Right To Vary These Terms and Conditions
20. Jurisdiction and Applicable Law
22. Your Concerns
If you have any concerns about material which appears on our Service, please contact [email protected]
Last updated on: April 2nd 2019