Terms of service
Version 1.0. In force from the date of publication. Draft, legal review required.
1. The parties and the service
These terms apply between Marx Media AB, company registration number 556942-0796 ("we"), and the restaurant that creates an account ("the Restaurant"). The TakeAwayer service provides an ordering page for takeaway on which the Restaurant's guests can place orders that are confirmed by email.
2. What the service does not cover
We do not handle payments. Payment is made directly between the guest and the Restaurant at collection. The contract for the purchase of food is concluded between the guest and the Restaurant; we are not a party to that purchase and are not liable for the quality of the food, the accuracy of the allergen information or the fulfilment of orders.
3. The Restaurant's responsibilities
The Restaurant is responsible for ensuring that menu information, prices, VAT rates and allergen labelling are correct and comply with applicable legislation, including EU Regulation 1169/2011 on the provision of food information. Prices shown to guests must always be stated including VAT. The Restaurant is responsible for ensuring that confirmed orders are fulfilled at the collection time chosen.
4. Price and payment
Current prices are set out on the pricing page. Subscriptions are paid monthly in advance, excluding VAT. Payment is made by card through our payment provider Stripe, which also supplies receipts and invoices; by agreement, invoicing may be used instead, with 20 days' payment terms. There is no minimum term; termination takes effect from the start of the next month. The trial period is free of charge and does not automatically become a paid subscription: when it ends, the account continues on the Gratis plan, with the limitations stated on the pricing page. The trial period requires no card details and can be ended at any time at no cost.
5. Availability
We aim for high availability but do not guarantee that the service will be free from interruption. Planned maintenance is scheduled outside lunch and dinner hours as far as possible. Our aggregate liability is limited to the amount the Restaurant has paid for the service over the last three months.
6. Content and intellectual property rights
The Restaurant retains all rights to its content (menus, images, logo) and grants us a licence to display it within the service. The Restaurant warrants that it is entitled to use the material it uploads.
7. Personal data
We process guests' personal data as a processor on behalf of the Restaurant under our data processing agreement and our privacy policy. The data processing agreement forms part of these terms and applies automatically to every restaurant that uses the service. Data is deleted or anonymised 90 days after the order.
8. Suspension and termination
We may suspend accounts that are used in breach of the law or of these terms. In the event of non-payment, the ordering page is suspended 14 days after a reminder. On termination, the Restaurant can export its menu as CSV.
9. Changes and disputes
Changes to the terms are notified at least 30 days in advance. Swedish law applies and disputes are heard by the general courts, with Uppsala tingsrätt as the court of first instance.