Terms & Conditions 

Effective: January 15, 2019

Introduction
These Terms apply to customers’ ("Customer”, "you”, "yours”) use of the services provided by OYO Cater ("OYO”). Please read these Terms carefully as they apply to all services offered to customers by OYO. On www.oyocater.com (consisting of various sites, together referred to as "Website”), the latest version of these Terms is available. Customers can print and/or save these Terms via their browser. OYO may revise these Terms in its sole discretion at any time. During the placement of an order on the Website or offline with one of our team members, Customer agrees to these Terms. The Website is a portal to facilitate catering services from selected restaurants and caterers ("PARTNER CATERERS”) and to arrange the conclusion of respective contracts. OYO does not itself offer the catering services presented on the Website. OYO is merely facilitating the services of PARTNER CATERERS. Responsible for ordered catering services is exclusively the PARTNER CATERER. OYO is acting as an agent for its PARTNER CATERERS and concludes contracts for catering services with Customers on behalf of PARTNER CATERERS. The scope of the catering services is negotiated by OYO as an agent for PARTNER CATERERS through the Website. The PARTNER CATERERS’ services are subject to respective PARTNER CATERER’s terms and conditions. OYO enables Customers to choose catering services from a range of selected PARTNER CATERERS, organizes the selection and order process, and offers customer support as well as a rating possibility for performed catering services. Customer can contact OYO in order to negotiate details of the catering services to be provided. For these services, OYO is granted a commission. Further, PARTNER CATERER has granted OYO authority for receiving payments. OYO collects all payments and invoices on behalf of the PARTNER CATERER. All payments will be forwarded to the PARTNER CATERER after performance of the catering services.

1. OYO’s Service
1.1. OYO connects caterers with potential customers by offering an online platform and offline ordering solution, that provides (i) a way to order catering services from various local caterers and (ii) process orders and payments (OYO’s "Services").

1.2. OYO presents meals offered by various "PARTNER CATERERS”, and processes orders on behalf of them. The meals that are ordered via the Website are prepared and delivered by PARTNER CATERERS with whom Customer enters into individual contracts. In some cases, the delivery can be ensured by a 3rd party logistics company, on behalf of the partner or OYO.

1.3. In addition to these Terms, the terms and conditions of the chosen PARTNER CATERER apply. The respective PARTNER CATERER’s terms and conditions are available on demand.

2. Customers’ duties and obligations
All Customers using OYO’s service must
- be at least 18 years old to use OYO’s service;
- be able to physically receive orders at the address designated in the order process;
- not offer in any manner, sub-license or re-sell OYO’s service, grant use of or access to the services to a third party, for any reason whatsoever without OYO’s prior written consent;
- provide true, accurate, and current data;
- update Customer’s account in case of changes to Customer’s registered data;
- use all reasonable efforts to keep their credentials confidential and must inform OYO if customer suspects or discovers that the password has become known to someone else.

3. Registration
3.1. To place orders, Customers are required to register. Customers can register during the order process or independently thereof. Registration can be done
- online on the Website by submitting a complete application form either during the order process or independently
- by email, contacting our support team or one of our Key Account Managers

3.2. Acceptance of the registration is subject to the sole discretion of OYO. In case of an application’s acceptance a Customer profile will be created.

3.3. Customers may not impersonate any person or entity or misrepresent identities or misleadingly enter affiliations with any person or entity. This includes using another person’s username, password, or other account information.

3.4. OYO reserves the right to terminate Customers account and access to the Websites in its sole discretion.

4. Order Process
4.1. Customers may place an order request by using OYO’s forms on the Website or via email with one of our team members. Each order request will specify the PARTNER CATERER, the meals, the amount of meals, the applied price and delivery info including time and location of desired delivery. 

4.2. After placing an order, Customer will receive an email from OYO acknowledging that Customer’s order has been received and OYO’S PARTNER CATERER will evaluate the order. Please note that this does not mean that an order has been accepted. All orders are subject to acceptance by the respective Partner Caterers.

4.3. If our PARTNER CATERER confirms Customer’s order to us, Customers will receive an email by OYO on behalf of the PARTNER CATERER, ("Confirmation Email”) confirming Customer’s order has been accepted (subject "Confirmation of Customer’s order via OYO”). The contract between Customers and the PARTNER CATERER is only formed when a Confirmation Email has been sent out.

4.4. The contract for the order of catering services is formed between Customers and our PARTNER CATERER only. OYO will not become a party of the contract. The execution of Customers order is in the sole responsibility of the PARTNER CATERER accepting the order. However, please do let OYO know if you encounter a problem or if the service you receive from a caterer falls short of your expectations and we’ll do our best to help.

4.5. As soon as the PARTNER CATERER confirms the customer’s order, customer will receive a Confirmation Email by OYO on behalf of the PARTNER CATERER. The processing confirmation will contain further details regarding drop-off of the order and respective pick-up of delivered items.

5. Prices, Payment and Invoicing
5.1. Prices for all meals and services available will be displayed on the Website and during the order process. Prices can be negotiated at the discretion of OYO and its PARTNER CATERERS.

5.2. All prices are displayed in Canadian Dollars and does not include GST. With regards to special requests please refer to the PARTNER CATERERS’ terms and conditions.

5.3. PARTNER CATERER has granted OYO authority for receiving payments. OYO collects all payments and invoices on behalf of the PARTNER CATERER. The payments will be forwarded to the PARTNER CATERER after performance of the catering services has taken place.

5.4. OYO will process Customer’s payment on the Website. Customers can choose from the online payment options offered at the end of the order process. If the Customer chooses the invoice payment method, Customer will receive an invoice within a maximum of 7 days after the delivery of the catering service. The payment terms are 7 days from the invoicing date.

5.5. Credit card payments are processed by our partner Stripe Payments Canada, Ltd. In order to prevent and detect cases of fraud we transfer your IP address to our partner Stripe Payments Canada, Ltd. Stripe Payments Canada, Ltd stores your IP address. Any and all data are transmitted in encrypted form. You can revoke your consent to this at any time with effect for the future by contacting us. Additional information on data protection at Stripe is available in Stripe’s Privacy Policy (https://stripe.com/ca/privacy).

5.6. We do not store credit card details nor do we share financial details with any 3rd parties.

6. Cancellation and Refund
6.1. Customer may cancel an order in full before a Confirmation Email has been received by Customer without any charges. Full cancellation after this point is possible by notifying OYO by email to support@oyocater.com.

6.2. Any payment Customers have made prior to the cancellation will be refunded using the same payment method Customers used to pay for respective order within 7 business days.
 
6.3. OYO aims to provide high quality standards. For this, Customers are invited to contact OYO in any case of problems occurring regarding Customer’s catering order. It is of highest importance to OYO, that all PARTNER CATERERS fulfill high quality standards. Please contact support@oyocater.com, in case of any comments concerning a PARTNER CATERER’s service.

7. Meals
7.1. Meals can be chosen from the range offered on the Website. Any pictures used on the Website are exemplary, the actual appearance of meals may differ.

7.2. Meals may contain allergens. For further information about allergens, please contact the OYO.

7.3. If Customers order any alcoholic beverages, Customers must be at least of the age of 18. PARTNER CATERERS reserve the right to deny the delivery of alcoholic beverages in case that the recipient cannot prove that to be of legal age.

8. Website
8.1. The Website and its content, trademarks, artwork, images, video and audio data, text, logos and all its computer code is intellectual property of OYO or one of OYO’s service providers and may be protected by copyright, trademark, and patent law. Customers may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these trademarks in any non-authorized way.

8.2. The Website may allow Customers to post reviews and comments ("Content”). By submitting or posting Content to the Website, Customer irrevocably authorizes OYO to quote Customer’s full or shortened commentary on the Website and in any advertising or social media channels which OYO contributes to.

9. Limitation of Liability
9.1. To the extent permitted by law, the Website and any contents are provided on an "as-is” basis and without any guarantees, conditions or warranties as to their accuracy. Images of PARTNER CATERER’s products on the Website are examples only.

9.2. Subject to clause 9.3, if we fail to comply with these terms and conditions or in case of other losses and damages arising from contract, tort or otherwise from the use or inability to use this Site. we shall only be liable to you for the purchase price of the products.

9.3. Nothing in this agreement excludes or limits the liability for:
- Death or personal injury caused by OYO’s negligence;
- Fraud or fraudulent misrepresentation;
- Any breach of the obligations implied by section 12 of the Sale of Goods Act;
- Defective products under the Consumer Protection Act; or
- Any other matter for which it would be illegal for OYO to exclude or attempt to exclude OYO liability.

10. Vouchers
10.1. OYO reserves the right to stop Vouchers to be used on certain PARTNER CATERERS without prior notice. Individual Caterer terms & conditions apply. Customers may only use one Voucher per order. Vouchers are not refundable in cash or other payment. If a Voucher becomes invalid due to technical failures or any other reasons beyond OYO’s control, we may cancel, suspend or modify that discount. In this case we reserve the right not to reissue the Voucher to affected customers. Vouchers must be used on one single order – remaining voucher values cannot be carried over to subsequent orders unless explicitly communicated by OYO. By redeeming the Voucher, the customer agrees to release OYO from any liability for any costs, claims, injuries, illnesses, losses, or damages of any kind caused by or linked to the campaign or with the acceptance of any service (except death or personal injury).

11. Personal information
11.1. OYO will only use Customer’s personal information in accordance with OYO’s Privacy Policy available on the Website.

12. Miscellaneous
12.1. If you are a consumer, please note that this agreement is governed by Canadian law. This means also that Orders and other resulting agreements and any dispute or claim arising out of or in connection with it will be governed by Canadian law. You agree that the courts of Canada and Alberta will have non-exclusive jurisdiction in connection with any such dispute or claim.

12.2. If you are a consumer, you have legal rights in relation to Services not carried out with reasonable care and skill. Advice about Customer’s legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights.

12.3. If you are a business customer, the Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Canada and Alberta. You and we both irrevocably agree that the courts of Canada and Alberta shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).

12.4. Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.

13. Modifications applying businesses (only) – NOT consumers
13.1. This section and its modifications to the Terms only apply if you are not a Consumer.

13.2. Customer acknowledges that in relation to OYO for entering into an agreement with OYO or PARTNER CATERERS Customer does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out expressly in the Terms. Neither Customer nor OYO shall have any claim for innocent or negligent misrepresentation based on any statement on the Website or in the Terms.

13.3. As addition to section 9 (Limitation of Liability), OYO will under no circumstances whatsoever be liable to Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with catering services ordered via the Website, or offline, or related actions for: - any loss of profits, sales, business, or revenue; - loss or corruption of data, information or software; - loss of business opportunity; - loss of anticipated savings; - loss of goodwill; or - any indirect or consequential loss.

13.4. These Terms shall be governed by and construed in accordance with the laws of Canada without regard to its conflict of laws rules. Customers expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms and or Customers’ use of the Websites resides in the courts of Canada, and Customers further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If Customers have any questions or comments, please contact OYO’s customer support under support@oyocater.com.