Terms and Conditions

Platform – the Cafeterio website (cafeter.io), mobile application and the services related to them;

Food Provider – a partner restaurant or kitchen that prepares, sells and delivers dishes through the Platform;

Employer – an organisation to whose office lunch is delivered through the Platform and with which the User is linked on the Platform;

Employer Funding – the full or partial (within a daily limit) coverage of the cost of an order by the Employer;

Weekly Menu – a Food Provider’s menu published on the Platform for a specific working week;

Order Cut-off – the time indicated on the Platform after which it is no longer possible to place, change or cancel an order for a specific day;

Pick-up Point – the agreed place in the Employer’s office where orders are delivered.

1.1. Cafeterio provides the User with the opportunity to use the Platform, through which the User can view Food Providers’ menus, order a dish and receive it at the office (hereinafter – the “Service”).

1.2. Cafeterio is the owner of the technology Platform and an intermediary. Cafeterio is not the producer, seller or supplier of the dish. The contract for the sale and purchase of a dish is concluded between the User and the Food Provider, whose name is indicated in the menu and in the order confirmation.

1.3. Use of the Platform is free of charge for the User.

2.1. Registration

2.1.1. Registration is a prerequisite for using the Platform. Registration takes place upon the Employer’s invitation or independently, if the User’s office is already served by Cafeterio.

2.1.2. During registration, the User provides their first name, last name, telephone number or e-mail address, and a password. To confirm the data, the User receives a corresponding notification.

2.1.3. A mandatory condition of registration is reading these Terms and Conditions. By ticking the “I have read and agree” box, the User confirms that they have read the Terms and Conditions in full and agree to them.

2.1.4. Upon completion of registration, this contract is deemed concluded between Cafeterio and the User.

2.1.5. The User is responsible for keeping the account credentials confidential. Any action performed through the User’s account is deemed to be an action of the User, unless the User has promptly notified Cafeterio of unauthorised access.

2.2. Ordering

2.2.1. The Weekly Menu and the delivery schedule are published on the Platform in advance. The User may order a dish before the Order Cut-off.

2.2.2. Before an order is placed, the Platform shows the User the dish, the price, the amount funded by the Employer and the amount payable by the User, the Food Provider, and the day and time of delivery. In the event of an error, the User may correct the order before confirming it.

2.2.3. Cafeterio confirms receipt of the order electronically and without delay. An order is deemed placed from the moment the confirmation is sent.

2.2.4. Before the Order Cut-off, the User may change or cancel the order free of charge. After the Order Cut-off, the order cannot be changed or cancelled, as the Food Provider begins preparing the dish.

2.2.5. As a dish is perishable goods, the right to withdraw from the contract within the 14-day period provided for by the Law of Georgia on the Protection of Consumer Rights does not apply to it. This does not limit the rights provided for by clause 2.2.4 and Article 6.

2.3. Delivery

2.3.1. The Food Provider delivers the order to the Pick-up Point at the Employer’s office, at the time indicated on the Platform, individually packaged and labelled with the User’s name.

2.3.2. An order is deemed delivered when it is placed at the Pick-up Point and this is reflected on the Platform. From that moment, the User is responsible for storing the dish.

2.3.3. If the Food Provider is unable to make the delivery, Cafeterio will, where possible, offer a replacement or notify the User that the day is cancelled. The amount paid for a cancelled order is refunded to the User in full.

3.1. Dish prices are set by the Food Provider. Prices are shown on the Platform as final prices and include all taxes. There is no delivery fee.

3.2. If the Employer funds the lunch, the funded amount is deducted from the amount payable by the User. The Employer settles the funded portion with the Food Provider directly. The amount and rules of Employer Funding are determined by the Employer, and it may be discontinued upon termination of the employment relationship between the User and the Employer.

3.3. The User pays the unfunded amount when ordering, through the payment system integrated into the Platform (JSC Bank of Georgia). Payment is made in favour of the Food Provider. Card data is processed by the bank, and Cafeterio does not store it.

3.4. An amount to be refunded on the basis of a cancellation or a justified claim is returned to the same card. The time it takes to appear on the card depends on the bank and is usually 3–10 business days.

4.1. Information on the composition of dishes, allergens, weight and price is provided by the Food Provider, which is responsible for its accuracy. Cafeterio displays this information on the Platform and does not verify it.

4.2. The User may voluntarily, with separate consent, indicate an allergy or dietary restriction in their profile. This information is passed on unchanged only to the Food Provider preparing the User’s order. The User is responsible for the accuracy of the information.

4.3. Warning: cross-contact with allergens in the Food Provider’s kitchen cannot be fully ruled out. In the case of a severe allergy, please additionally contact the Food Provider through Cafeterio support before ordering.

5.1. Cafeterio is responsible for:

• a) the proper functioning of the Platform, within the limits of reasonable effort;
• b) the correct receipt of the order and its transmission to the Food Provider;
• c) the accurate display on the Platform of the information provided by the Food Provider;
• d) transmitting a claim to the Food Provider and facilitating its review (Article 6).

5.2. Cafeterio is not liable for:

• a) the quality, safety and composition of the dish, or the accuracy of the information on allergens – the Food Provider is liable for these;
• b) a delay in or impossibility of delivery caused by the fault of the Food Provider or a third party;
• c) a change to or discontinuation of Employer Funding by the Employer;
• d) consequences caused by improper storage of the dish after delivery;
• e) temporary disruption of the Platform caused by technical works or by a reason beyond Cafeterio’s control;
• f) damage caused by incorrect information provided by the User.

5.3. These Terms and Conditions do not exclude Cafeterio’s liability for intentionally caused damage and do not limit the User’s statutory rights.

5.4. The User is responsible for:

• a) the accuracy of the information they provide (including information on allergies and the place of delivery);
• b) protecting the account credentials and the actions performed through their account;
• c) using the Platform in good faith. The following are prohibited: using another person’s account, abusing Employer Funding, interfering with the operation of the Platform, copying the code or performing technical analysis of it;
• d) the honesty of reviews. Offensive, false or advertising content is not permitted. Cafeterio may delete such content;
• e) treating couriers, Food Providers and Cafeterio employees appropriately.

6.1. The User may submit a claim through the Platform (with a photo, where possible) within 2 hours of delivery if:

• a) the order was not delivered or a different dish was delivered;
• b) the dish is damaged, spoiled or of obviously poor quality;
• c) the dish does not correspond to the composition or portion indicated on the Platform;
• d) the delivery was more than 60 minutes late.

6.2. Cafeterio forwards the claim to the Food Provider without delay and informs the User of the response no later than 1 business day. The question of a refund is decided by the Food Provider. In the case of a justified claim, the amount paid by the User is refunded to the User, and the funded portion – to the Employer.

6.3. In the event of a health-related incident (suspected food poisoning, allergic reaction), first seek medical assistance and then contact us without delay. Cafeterio will suspend orders from that Food Provider and provide you with its full details so that you can bring your claim directly against the Food Provider.

6.4. Claims on other matters (account, payment, operation of the Platform) are sent to support@cafeter.io. Cafeterio sends a response no later than 15 calendar days. Review of a claim is free of charge.

6.5. If the User is not satisfied with the response, they may apply to the Competition and Consumer Protection Agency of Georgia or to a court.

7.1. This distance contract enters into force upon registration and remains in effect until the account is deleted.

7.2. The User may delete their account at any time, from the application settings or upon request.

7.3. Cafeterio is entitled to amend the Terms and Conditions. The User will be notified of a material change at least 14 days in advance, by e-mail or in the application. A change does not apply to orders placed before it enters into force. If the User does not agree with the change, they may delete their account.

7.4. Cafeterio is entitled to suspend or delete an account in the event of a breach of clause 5.4, fraud, or offensive behaviour towards Cafeterio, Food Providers or their employees, of which the User will be notified by e-mail. The amount paid for orders that were placed before deletion and have not been fulfilled is refunded to the User.

8.1. Cafeterio processes the User’s personal data in accordance with the Law of Georgia on Personal Data Protection and Cafeterio’s Privacy Policy. The policy is available at cafeter.io/privacy.

8.2. Only the data necessary to fulfil the order is transferred to the Food Provider. The Employer sees only the information required for settlement and cannot see the dishes chosen by the User, or the User’s allergies and dietary restrictions.

8.3. The User receives Cafeterio’s marketing communications only with their separate consent, which they may withdraw at any time.

9.1. The relationship between the parties is governed by these Terms and Conditions and the applicable legislation of Georgia.

9.2. The parties resolve any dispute through negotiation. If no agreement is reached, the dispute is heard by the common courts of Georgia, taking into account consumer protection legislation.

10.1. The invalidity of any provision of the Terms and Conditions does not entail the invalidity of the remaining provisions.

10.2. The Platform, its design, code, logo and content are the property of Cafeterio or its partners. The User is granted a non-exclusive right to use the Platform for personal purposes.

10.3. Matters not regulated by the contract are resolved in accordance with the legislation of Georgia.

10.4. Notices are sent electronically: in the case of Cafeterio – to the e-mail address indicated on the website; in the case of the User – to the e-mail address or telephone number provided during registration or subsequently updated, or by an application notification. An electronic notice has the legal force of a written notice and is deemed received on the calendar day following its dispatch.

10.5. Termination of the contract does not affect those provisions which, by their nature, remain in effect after termination.

CafeterioTech LLC (identification code 400451211)

Address: Apt. N60, Building 9, Micro-district VI, Gldani District, Tbilisi, Georgia

E-mail: support@cafeter.io · Telephone: +995 599 15 49 24

Website: cafeter.io