This mobile application or order website (depending on the platform you
use) (the "Service") is made available to you by OrderYOYO Ireland
Limited, company number 673183, Railway House, Cregg Road, Carrick On Suir,
Co. Tipperary, Ireland, ("OrderYOYO") and provides you with the
possibility of purchasing items from a number of particular cafés,
restaurants and other takeaways (the "Restaurant").
Service, including your registration with and order and payment of products
on the Service.
Agent: When you purchase items on the Service, OrderYOYO acts as
an agent on behalf of the Restaurant as OrderYOYO has the authority to
conclude the purchase agreement with you on behalf of the Restaurant. As a
result, an agreement is made between you and the Restaurant for the purchase
of the Restaurant's items, and OrderYOYO is not a party to that purchase
agreement. Moreover, OrderYOYO has the authority to receive payment for the
orders you make on the Service, and by paying such orders to OrderYOYO you
will be released from your payment obligation to the Restaurant.
Conclusion of agreement with the Restaurant: A completed order on
the Service constitutes a binding offer to the Restaurant for the conclusion
of an agreement to deliver the relevant items you ordered, which we enter
into with you on the Restaurant’s behalf as its agent. Either you or the
Restaurant may cancel an order, and the underlying contract, at any time
before the Restaurant has indicated its acceptance of the order via the
Service, in accordance with clause 4.
- Use of the Service
To use the Service, you must ensure that you have a functioning device
to use for accessing the Service and that you have an internet connection.
When you purchase an item on the Service, you need to pay using a credit or
debit card accepted by the Service on an external PCI-certified server.
When you use the Service, you warrant that you (i) are legally capable
of entering into a binding agreement for the use of the Service and the
purchase of items from the Restaurant; (ii) are at least 18 years old; (iii)
will use the Service only for your personal, non-commercial use and not for
any re-distribution of items; and (iv) will not infringe the intellectual
property rights or other rights of third parties when using the Service.
Please note that it is an offence for any person under the age of 18 to
purchase, or attempt to purchase, alcohol or for any person over the age of
18 to purchase alcohol on behalf of any person under the age of 18.
You can use the Service only for its intended purposes. You may not
separate any individual component of the Service or incorporate it into your
own or others' programs or software or exploit it in any other way for
purposes other than those for which it was intended. You may not assist,
encourage or authorise any third party to modify, reverse engineer,
decompile or disassemble the Service or parts of the software thereof,
whether in whole or in part, or create any derivative works from all or any
part of the Service.
All prices and charges stated on the Service for all items etc. are
inclusive of all current direct and indirect taxes, including VAT.
You must not manipulate transactions made on the Service in any way or
use the Service in contravention of applicable legislation nor permit or
assist others to do so.
- Terms of payment and delivery
When you purchase items on the Service, you will be asked to enter your
payment details to pay for items using your payment card. Your payment
details will be saved and stored by the Service on a secure, external and
PCI-certified server. The Service uses the 3 digits on the back of your
payment card as a code to make payments through the Service secure. On the
collection or delivery of items, you may be asked to show your phone
displaying your order number to the Restaurant staff to allow the Restaurant
to identify you and your order. You are responsible for the safekeeping of
your order number for such identification.
OrderYOYO will ensure that any information passing between the Service
and the server is encrypted. OrderYOYO will not be liable for any claims
arising from the misuse of your payment card where such misuse is a result
of your failure to keep your payment card secure.
The Service procures delivery of the ordered items to you within
reasonable industry times. The Restaurant may notify you of an estimated
time for delivery or collection of your items. Please note that such
estimates cannot be relied on or treated as guarantees.
The Service will comply with applicable legislation and regulations
related to your use of the Service, including regulations concerning
distance selling, refunds and returns, data protection and food safety.
Handling fee. In addition to the price for the ordered items and,
if relevant, delivery, OrderYOYO will charge a small handling fee for each
order placed on the Service (irrespective of whether the Restaurant accepts
such order). The handling fee applicable at any time will be clearly stated
on the general overview of your order before you place your order and
- Duration and changes
clauses 7 and 5.2 will remain effective after you have stopped using the
Change or cancellation of your order. Once you have submitted and
paid for your order, you will be entitled to change or cancel your order on
the Service until the Restaurant has accepted it. You may also edit any
typing errors etc. directly on the Service until the Restaurant has accepted
The Restaurant may reject your order, for example if the Restaurant no
longer has the items in stock or if the Restaurant is too busy to be able to
fulfil your order within a reasonable time.
Refunds for cancelled or rejected orders. When you complete an
order, your bank or card issuer will ring-fence the amount owed. If you
cancel the order or if the Restaurant rejects it, your bank or card issuer
will release the amount back to your account (without transferring the
amount to OrderYOYO). Please note that this process may take up to 7 days.
- Intellectual property rights
All patents, trademarks, service marks, designs, utility models,
unregistered trademarks, business or trade names (including internet domain
names and email addresses), copyright (including copyright in broadcasts,
computer software and databases), semi-conductor topography rights, database
rights and design rights, inventions (including improvements on or additions
to inventions), discoveries, know-how and any other intellectual and
industrial property rights and rights of a similar or corresponding nature
("Intellectual Property Rights") on
or on the Service, including the OrderYOYO brand, logo and get-up, community
features, underlying software and technology, and any information, user data
and other material generated by the operation of the website or the Service
belong to OrderYOYO or its licensors. You acquire no claim for any right,
title to or interest in the same and no goodwill will inure to you by your
use of the Service.
Indemnification. You accept to indemnify OrderYOYO against all
direct and indirect losses and costs etc. relating to any claim concerning
the infringement of a third party's Intellectual Property Rights as a result
of your use of the Service.
- Access to the Service and information on the Service
OrderYOYO runs the Service with the aim of providing you with
uninterrupted access. However, you acknowledge that OrderYOYO is under no
obligation to ensure that the Service is continuous and that OrderYOYO will
not be liable where access to the Service is suspended without notice, for
example for maintenance purposes or due to breakdown.
OrderYOYO will seek to a commercially reasonable extent to ensure that
the information on OrderYOYO's website and on the Service is correct, true
and fair at all times.
OrderYOYO is not responsible for ensuring that the prices and item
descriptions provided on the Service are correct. Please note that the
Restaurant is responsible for the contents, including the information,
provided on the Service, and for ensuring that the information about prices
etc. is correct, true and fair at all times.
You will be responsible for acquiring, installing, maintaining and
updating all connectivity equipment as may be necessary for you to access
and use the Service and its features and for ensuring that your use of the
Nothing in these terms shall limit or exclude any liability to you for
death or personal injury caused by negligence; for fraudulent
misrepresentation; or for any other liability that, by law, may not be
limited or excluded.
Subject to clause 7.1, in no event shall we or the relevant Restaurant
be liable to you for any losses, and any liability we do have for losses you
suffer arising from an Order shall not exceed the charges payable by you for
the relevant Order and is strictly limited to losses that were reasonably
foreseeable. Losses are foreseeable where they could be contemplated by you
and us at the time your Order is accepted by us on behalf of the Restaurant.
We, and the relevant Restaurant, will not be liable or responsible for any
failure to perform, or delay in performance of, any of our obligations under
any Order that is caused by events outside our reasonable control. Please
remember that the legal contract for the supply and purchase of the items in
your Order is between you and the relevant Restaurant. We have no control
over the actions or omissions of any Restaurant.
- Data protection
OrderYOYO is committed to protecting your privacy and security. Read
more about how we process your personal data in OrderYOYO's
- Other terms
such amendments, the new terms will be shown on the Service the next time
you use it and, if you are already a user of the Service, you may receive an
email with the new terms.
any other reason, such Term(s) of Use must be considered not to form part of
against you must not be considered to be a waiver of the right to do so;
on behalf of the Restaurant or itself.
will be interpreted in accordance with Irish law, and any dispute must be
brought before the courts of Ireland.
- Notice of lack of conformity, cancellation right and complaints
Problems with your Order. You may exercise remedies against the
Restaurant if there is a problem with your Order (for example, items in your
Order are damaged or do not match the description provided by the
Restaurant). If there are any problems with your Order, you may have one or
more legal remedies available to you, depending on when you make us aware of
the problem, in accordance with your legal rights. If you believe the
Service or any items ordered are damaged or do not comply with the Order,
you should inform us as soon as possible, preferably in writing, giving your
name, address and Order reference. Nothing in this section affects your
Cancellation right. As a main rule, you have a 14-day
cancellation right when purchasing items from the Restaurant on the Service.
You must send a clear and unambiguous notice of your decision to exercise
your cancellation right to the Restaurant or, alternatively, to us at
[email protected]eryoyo.com. Please note, however, that the cancellation right does not apply to the
purchase of items which must be assumed to deteriorate or age quickly (e.g.
fresh foods or refrigerated items) or sealed items which cannot be returned
due to health protection or hygiene reasons and which have been unsealed
Complaints. You may file a complaint about the Service or the
items delivered by the Restaurant through the EU Commission's platform for
online dispute resolution on
If you are not satisfied with the items delivered and/or if you wish to
give notice of lack of conformity or otherwise file a complaint, you must
first contact the Restaurant. If you are not satisfied with the Restaurant's
processing of your notice of lack of conformity or complaint, you may notify
OrderYOYO thereof no later than 24 hours after you have completed the
relevant order. You may contact OrderYOYO using the contact details
By completing the order or the registration of your user profile with
Your agreement on the use of the Service is available at all times on
request to OrderYOYO as OrderYOYO stores it electronically. Your agreement
on the purchase of items from the Restaurant (i.e. your order confirmation)
is stored electronically by the Restaurant and is available at all times on
direct request to the Restaurant.