By accepting the Terms, you agree to be bound by the Terms, and to follow them. If you do not agree to these Terms, please do not use the Service.
To be able to place an order with the Seller of Goods, you will need to register an account. Note that the same account may be used for logging in to other apps and webshops provided by the Service Provider.
You must be at least 16 years old to register an account. It is your responsibility that the information registered is correct and updated. You are also responsible for ensuring the ongoing confidentiality of your username and password. Note that you are responsible for all use of your account, whether authorized or not.
You must immediately notify the Service Provider if you become aware of any unauthorized use of your account or information. We reserve the right to shut down your account or take other measures we find necessary to prevent misuse of your account. In such case you will be notified.
Access to the Service is offered free of charge.
An agreement is binding on the Seller of Goods and the User when the User’s order is received by the Seller of Goods. A party is not bound by the agreement if there has been a writing or typing error in the quotation from the Seller of Goods in the app or in the webshop or in the User’s order, and the other party realized or should have realized that it was such a mistake.
The User is responsible for incorrect orders. These include but are not limited to:
i. Bookings made at the wrong table or wrong restaurant;
ii. Incorrect orders (not what the User wanted to order);
iii. Unintentional orders made as a result of unintentionally touching a device while the Service is active.
Prices, which are quoted in the app or webshop, include VAT. Information on the total cost the User shall pay, inclusive of all taxes (VAT, customs, etc.) and delivery costs (freight, shipping, billing fee, packaging, etc.) as well as specification of the individual elements of the total price, is provided to the User prior to an order being made. All prices in the Service is in the local currency of the Seller of Goods, unless otherwise stated.
When payment is complete, you will get a receipt in the app. You can also register your email address, and receive a receipt on email.
If you use credit or debit cards for payments, the Seller of Goods can reserve the purchase on the card when an order is made. Normally a reservation is valid between 2-30 days. However, it is the User’s bank that controls the reservation time and the purchaser must contact his/her bank if the reservation is to be cancelled prior to the reservation deadline. The User cannot withdraw the purchase of goods, that deteriorate rapidly, or goods which by their nature cannot be returned. The reserved amount is debited when the Seller of Goods accepts delivery of the purchase.
Delivery has occurred once the Purchaser or his/ her representative has taken possession of the item. Delivery time is stated in the Service, and the User can select available time slots for delivery. The Seller of Goods can be delayed in the delivery within a reasonable time. If such delay exceeds a reasonable time and such is not due to the User or conditions on the part of the User, the User may terminate the purchase or demand a refund.
7. Right to cancel
Due to the perishable nature of the goods sold, the sale is exempt from regular cancellation right by law. To submit a request for a cancellation, please contact the Seller of Goods directly. The Service Provider is only facilitating the communication between the Seller of Goods and the User, and is unable to process any such requests. Contact information for the Seller of Goods is available in the Contact-section in the ordering interface.
8. Intellectual property rights
All content, materials and data to which you obtain access by use of the Service, including but not limited to names, logos, trademarks, text, pictures, etc. ("Contents"), belongs to the Seller of Goods and/or the Service Provider. It is forbidden to copy, alter or in any other way use Content without the prior consent from the Party holding the relevant rights.
9. Misuse of the Service
You are responsible for using the Service in compliance with applicable laws and regulations and in accordance with these Terms. The User shall adhere to applicable national legislation for ordering alcohol, including age restrictions in this respect. Losses due to offense or attempted offense are not refundable.
You are responsible for misuse of the Service. Such misuse includes, but is not limited to:
i. Use of another person’s phone number;
ii. Use of another person’s phone or other tool to use the Service;
iii. Absconding from the bill;
iv. Logging in on someone else’s table;
v. Spying on someone else’s bill;
vi. Checking in to someone else’s table;
vii. Attempting to log in with someone else’s user information;
viii. Registering another person without consent.
The User undertakes not to use the Service for sending messages that:
i. violate applicable law;
ii. in any way constitute infringement of the Seller of Goods' or the Service Providers' copyright or other;
intellectual property rights or violate rules of integrity, public access or other rights;
iii. are in any way offensive, abusive, threatening, obscene, is of racial, sexual or erotic nature, or which according to our assessment is not consistent with our ethics policy.
10. Limitations of liability
We will do our utmost to ensure that the Service are fully operational. However, due to the nature of the internet, we cannot guarantee that the Service are free from delays, interruptions or errors. Neither do we guarantee that the Service is free of viruses or other harmful content. We are not responsible for any charges for services etc. if the use of the Service results in data or equipment needing to be replaced. The Service is presented without any guarantee of accuracy, reliability and completeness. This applies to material, services, software, text, graphics and links.
We have no responsibility to reimburse the User for anything that might be a violation of these Terms if the breach has occurred due to a force majeure event, i.e. circumstances beyond our control such as natural disasters, serious technical defects, state of war, labour conflicts, missing/faulty internet connections etc.
Responsibility for content
We do not take responsibility for mistakes in the menu, typos, outdated prices, delayed messages and orders, as well as orders and messages that do not arrive.
We do our utmost to ensure that the information in the Service is accurate and current at time of publication, but we make no conditions, representations or warranties (explicit or implied) as to the reliability, accuracy and completeness of this information. We disclaim any responsibility for any direct, indirect or consequential loss or damage arising from the use of the Service, including any actions taken in reliance on any information appearing on these.
11. Actions taken to prevent misuse
We reserve the right to take all necessary actions, including shutdown, deletion and removal of material, if the User violates the Terms, applicable law or if we are unable to verify the registration of the User. This includes, but is not limited to phone numbers that are secret, unregistered, foreign, or phone numbers that do not belong to natural persons or which cannot be verified as mobile number.
12. Changes to the Terms and the Service
We reserve the right to at any time make changes to the Service and / or these Terms for any reason. You will always find the latest version of the Terms here. If substantial changes are made to the Terms or the Service which are to the disadvantage of Users, we will place a notice in the app and/or the webshop. The latter do not apply if the change is required by law or an obligation towards a third party, or if an obligation is transferred to a company within the same company group. If you disagree with a change, you must stop using the Service.
13. Creation of links to the Service
You can create links to our website on the following conditions:
i. The link is created in a proper and legal manner which respects our intellectual property
rights or third party intellectual property rights and which does not harm or exploit our or a third party's
ii. Links must not be used in such a way that the impression is given of a connection, approval or endorsement;
on our part where none exists. You are not permitted to make a link where your website contains content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of persons, or otherwise not in compliance with applicable laws and regulations;
iii. You must not create a link from a website that you do not own;
iv. There must be no “framing” of the Service to other websites;
v. You must not create a link to any other part of our website than the home page.
We reserve the right, for any reason and at any time, to withdraw permission to create links, without prior notice to you.
14. Creation of links to the Service
If the Service has links to other sites and resources provided by third parties, these links are for informational purposes only. A link to another website does not express endorsement of its provider, products or services. We have no control over the content of those sites and is not responsible for these. We are not responsible for loss or damage arising out of your use of the sites, or any actions taken in reliance on the content of these pages.
We are entitled to transfer your account and personal data to another group company or to a third party if such transfer is due to an assignment of our company and associated business.
You agree to ensure that we are not harmed by any legal proceedings brought against us to the extent that such proceedings arise out of your use of the Service in breach of the Terms. This includes, but is not limited to infringements of intellectual property rights and any claim for defamation arising from your use of the Service.
If the User violates these Terms and we take no action, we will still have our rights and legal options in respect to any other situation where the User breach these Terms.
If any of the Terms is deemed invalid, void or for any other reason unenforceable, that condition shall be deemed separate and shall not affect the validity and enforceability of any remaining terms and conditions.
19. Applicable law and jurisdiction
The Terms are subject to Norwegian law. Any disputes arising out of the Terms or use of the Service shall be brought before Oslo district court, unless the User according to applicable law can choose another court.
20. Contact us
If you have any questions regarding the Terms, please contact the Seller of Goods at the contact information provided in the Service or the Service Provider at [email protected]
This Privay Policy apply to all processing of personal data in relation to the Funky Fresh Foods mobile ordering app and webshop (the "Service"). The personal data relates to users of the Service, including both guests and registered users ("Users" or "you"). Processing of personal data is carried out in accordance with applicable data protection law; the EU General Data Protection Regulation as implemented in applicable national law (hereinafter referred to as the "GDPR").
2. Roles and responsibilities
Funky Fresh Foods (the "Seller of Goods") is the Data Controller for personal data about Users, which are collected and used for the purpose of delivering the goods or service ordered through the Service.
The Service is delivered and operated by Weorder Norway AS, Org. no. 920 142 362, Tordenskiolds gate 2, 0160 Oslo (the "Service Provider"), which is a Data Processor to the Seller of Goods. Weorder is however also a Data Controller for personal data included in the user profile, which may be used to log in at all domains, apps and web shops provided by Weorder (see chapter 4).
3. Information we collect and receive
Personal data will be processed when you register an account in the app or webshop and subsequently when you order a product or service through your account. Personal data will also be processed if you request information from the Seller of Goods or the Service Provider or report a problem in connection with the Service or provide other feedback. The Seller of Goods and the Service Provider may, in accordance with its respective roles and responsibilities and subject to a specific legitimate purpose, collect and process the following information about you:
- Your name and birth date;
- Your contact information, including phone number, e-mail address and address;
- Credit card information if transactions are to be made;
- Special deals you are entitled to through adherence to customer groups, vouchers, punch cards and cashpoints;
- Your orders through the Service, including:
- Items ordered, date, price and seller;
- Custom comments added to the orders;
- Delivery address if delivery is ordered;
- Optional use of cash points or vouchers.
- Information you provide by filling in forms on the Service;
- Details about your use of the Service.
4. Purposes and legal basis for use of personal data
The Seller of Goods and/or the Service Provider on behalf of the Seller of Goods, may process personal data about Users for the following purposes:
- To manage purchases in the app or webshop, hereunder:
- to deliver the items ordered and;
- to communicate with you in relation to an order, e.g. in the event of changes to the delivery of an order.
- To provide user support;
- To investigate and prevent security issues and misuse.;
- For debugging and improving the Service.;
- As required by applicable law, a legal process or for compliance with a decision by a public authority;
- To provide information about products and services that you have asked for or which the Seller of Goods believe is of interest to you.
The use of information mentioned in the first and second bullet point is necessary in order to perform the Service at the User's request (cf. GDPR article 6 nr. 1 b). The third and fourth bullet point represents activities, which serve the legitimate interest of having the Service functioning properly. Processing is carried out in a way that respects the privacy interests of Users (cf. GDPR article 6 nr. 1 f). The processing outlined in the fifth bullet point has its legal basis in the GDPR article 6 nr. 1 c, and the last bullet point comprise marketing communications which will only be carried out on the basis of an explicit consent from the User (cf. GDPR article 6 nr. 1 a).
If you register an account with another seller of goods which also uses an app or webshop provided by the Service Provider, you may use the same login details for the new seller of goods. As a result, you will not have to register the same information several times. The Service Provider is the Data Controller for the establishment and maintenance of such user accounts, including fault corrections and improvement in relation to the accounts. The Service Provider is also responsible for marketing communications sent out in its own name and relating to the Service as such. Marketing communications is subject to your specific and informed consent.
Please note that aggregated or anonymous information which does not relate to any identified or identifiable natural person may be used for any business purpose both by the Seller of Goods and by the Service Provider.
5. Cookies and traffic data
The Service Provider uses pixels, or transparent GIF files, to analyse use of the Service, for the purpose of fault corrections and for measuring the effects of internet marketing carried out by the Service Provider, e.g. to find out which of the Service Provider's online ads are directing people to the Service. GIF files are provided by third parties that provide online marketing analysis for the Service Provider. This system places a cookie on your browser when you enter the Service via an online ad, and allows us to see which ads attract most people to a service, as well as which pages are visited. The information collected do not contain any names or contact details and does not identify you directly. Most browsers automatically accept cookies, but you can change your browser settings to reject them. You may also make use of the Service without cookies. If you want to know how to prevent the technology mentioned above being used in your browser, please go to www.doubleclick.com/privacy.
Personal data is deleted when there is no longer a need to process the personal data for the purpose for which they were collected. You may at any time contact the Service Provider to have your information deleted. If you have not ordered any products or services through your account in five years, we will delete your account.
Please note that applicable book keeping acts and regulations may require us to keep certain information (typically transaction data) for a specific period, and that we are not allowed to delete such data upon a User request.
Our partners handle payment in the Service. These partners may collect your payment card information to facilitate payment. Our payment partners are PayPal, Bambora, Vipps, Stripe, Adyen and MobilePay.
To enhance your privacy, the only information kept in the Service is a payment token containing your card expiry date and a masked payment card number ( e.g. 1234 12** **** 1234).
8. Disclosure to third parties
The Seller of Goods or the Service Provider will not, without your prior consent, disclose your personal data to anyone, with the following exceptions:
- In the case that the Seller of Goods or the Service Provider are selling or buying a company or assets, and where personal data must be disclosed to the potential buyer or seller. In such case the potential buyer or seller will have to sign a confidentiality agreement prior to obtaining access to the personal data;
- representatives or subcontractors that process personal data on the Seller of Good' or the Service Provider's behalf;
- where the law imposes disclosure (for example to government bodies, courts or enforcement agencies which has a legal basis for obtaining the information).
9. Market communications
We may ask for your consent to use your personal data to contact you regarding products and services offered by the Seller of Goods or the Service Provider ("marketing communications"). Note that information such as table reservation reminders, pick-up for take-away, reminders of unpaid bills, and the like is not recognised as marketing communications.
You can always opt out of future marketing communications by clicking the link inserted in the e-mail or by changing your personal settings in the app or webshop.
10. Age limitations
To the extent prohibited by applicable law, use of the Service by anyone younger than 16 years old is forbidden. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us and we will take steps to delete such information.
11. Security of information
We are committed to protecting your privacy. We use various security technologies and procedures to help protect your personal information from unauthorized access and use. Despite the fact that modern security practices are effective, no physical or electronic security systems are absolutely secure. We cannot guarantee absolute security in connection with our database, nor can we guarantee that information you supply will not be intercepted in the transfer to us via the Internet. Any transmission is at your own risk. If your personal information should be intercepted, or there is an unauthorized intrusion or use of our database, we will not be liable for any misuse of your personal information unless we are in breach of any applicable law.
We cannot control the content of third party websites or material that is linked to the Service. We are not responsible for such, nor the procedures for processing personal data they use. We are not responsible for loss or damage arising from your use of such sites or materials.
12. Your rights
You have the right to request deletion or corrections to be made to personal data held by us. You may as well object to the processing or parts of the processing or ask us to restrict processing of certain personal data. If you have consented to receiving marketing communications, you may withdraw such consent at any time, either by way of changing your profile settings or by contacting us.
You are also entitled to request a copy of personal data we hold about you and to have the data transferred to another service provider. If you wish to exercise your right to access your personal information, we may ask you to prove your identity in order to verify that the information is disclosed to the right person. In normal circumstances, we will disclose the requested information within 30 days.
Please send your request to [email protected]
14. Contact us