Elkypay - Terms and Conditions

Please read these Terms and Conditions carefully before you place an order via Elkypay. By placing an order via Elkypay NFC tag, a Snapcode or QR code, you accept that these Terms and Conditions are binding to you.

Section 1: Introduction

⚬ We are Elkypay ("our system"), operating under Elkypay Trademark in Sweden. Elkypay is a product provided by Amundi Technologies AB, with the Swedish registration number 556982-3791, and address at Dragarbrunnsgatan 46B, 753 20 Uppsala, Sweden.

Section 2: Definitions

⚬ 2.1. "Terms and Conditions", refers to these Terms and Conditions, Privacy Policy and any other payment instructions you have received.

⚬ 2.2. "Privacy" refers to our policy regarding the collection, use and storage of your personal data.

⚬ 2.3. "You", "your" and "you" refer to you, the person who uses our solution and place an order by scanning Elkypay NFC tag, Snapcode or QR code.

⚬ 2.4. "We", "us" and "Elkypay" refers to the business operated by Amundi Technologies AB.

⚬ 2.5. "Goods" is a reference to the products we offer from Participating Restaurants, Caterers and Food Trucks.

⚬ 2.6. "Services" is a reference to the services we offer through Elkypay.

⚬ 2.7. "Participating Merchants" is a third party restaurant, caterer or food truck who has agreed to cooperate with the company to provide Goods and / or Services to you

⚬ 2.8. "Food ordering" is a reference to all forms of Delivery, which are offered by Elkypay and participating merchants.

⚬ 2.9. "Website" is a reference to our Websites http://www.elkypay.com and https://my.elkypay.com where we offer our Services.

Section 3: Order

⚬ 3.1. Any agreement for the purchase of food entered into through Elkypay is between you and the Participating Merchant; any agreement for food ordering entered into through our solution is between you and Elkypay. You particularly confirm to proceed carefully when entering your data on Elkypay and you ensure that these data are correct and complete at the time of your order. You also warrant that the given Swish account data is your data, and that you have sufficient funds to make the payment.

⚬ 3.2. By accepting these Terms and Conditions you agree that in allowing your order of the Goods from Elkypay NFC tags, Snapcodes and QR codes, we act as agents for the Participating Merchant and we do not, under any circumstance act as your agents.

⚬ 3.3. Goods and Services purchased through Elkypay are intended for your own use only. You agree not to resell the Goods you have purchased. In this agreement, you act as principal and not as an agent for another party.

⚬ 3.5. The usage of Elkypay requires Snapchat, QR code reader or NFC enabled smartphones.

⚬ 3.6. We will exercise due diligence, whether or not it is our duty to do this, to ensure the safety of your order and payment information. Saving any negligence on our part, we cannot be held liable for losses or damages caused by a third party who has obtained unauthorized access to your data via our solution.

⚬ 3.7. Each order you place with us is based on availability opening hours and capability and acceptance of the Participating Merchant. If you have placed an order via Elkypay, a confirmation will automatically be sent to you via SMS. Please contact us immediately, if your data is not correct! The confirmation SMS does not guarantee that we or the Participating Merchant can process your order.

⚬ 3.8.The confirmation SMS will contain the order information, the delivery time and the price of the order. If the Service and / or the Goods are not available or the delivery capacity is not sufficient, we will notify you.

⚬ 3.9. If your order can be processed, the Participating Merchant will accept the agreement and will confirm it with Elkypay.

Section 4: Payments

⚬ 4.1. All prices on Elkypay are correct at the time of publication. Participating Merchants reserve the right to change prices, Goods and / or Services, including the service fee at any time. All prices include VAT.

⚬ 4.2. All prices programmed on NFC tags, Snapcodes and QR codes are the prices for Services and / or Goods from the Participating Merchants or any other third party suppliers at the moment of listing them on our platform. While we exercise great care to keep these data up-to-date, it may be possible that the prices displayed are not correct. In this case, the Participating Merchants will alert us immediately. We will contact you directly about the price difference and you can choose to cancel the order.

⚬ 4.3. We reserve the right to stop listing Participating Merchants, Goods and / or Services on our platform without further notice.

⚬ 4.4. The total costs of your ordered Goods and / or Services, including service fees and other costs, is displayed on the ordering webpage. All Goods and / or Services must be paid via Swish.

⚬ 4.5. To ensure the security of your Swish payment, Mobile Bank ID signature is applied.

⚬ 4.6. All Payments are processed by Swish.

Section 5: Food ordering

⚬ 5.1. The delivery SMS is estimation only and therefore can differ in reality. Goods will be delivered to the specified address or picked up at the Participating Merchant’s venue.

⚬ 5.2. All orders are delivered by an agent/employee/authorized person of the Participating Merchant. Participating Merchants will give their best efforts to deliver the order within the specified time. Elkypay will not be liable for any costs, loss or damage suffered due to late delivery of orders. If the Goods are not delivered within the time specified by the Participating Merchant, then please contact them.

⚬ 5.4. At the time of handover to the recipient, all risks in relation to the Goods are passed to the recipient.

⚬ 5.5. If you are not able to receive the order at the time of delivery, we will not be able to deliver the order at another specified time and will not provide any refunds.

⚬ 5.6. You should make the necessary precautions to ensure easy and safe Delivery of the Goods. We exclude all liability for damage and / or costs of the Goods ordered, if it is the result of negligence on your part to provide and / or to make adequate precautions for the Delivery.

⚬ 5.7. Participating Merchants shall endeavor to ensure:

⚬ 5.7.1. that the order will be delivered or picked up on the specified address

⚬ 5.7.2. within the specified time;

⚬ 5.7.3. inform you in case the order is expected not to be delivered within the specified time.

Section 6: Cancellation

⚬ 6.1. If you want to cancel an order you must immediately contact our customer care. Your cancellation should include your order number and the reason for cancellation. If the Participating Merchant accepts your cancellation, no cancellation fee will be charged. If the Participating Merchant refuses the cancellation because e.g. the order has already been prepared, the cancellation will not be accepted.

⚬ 6.2. If the cancellation is done on time and accepted by the Participating Merchant, we will refund your to your Swish account within 5 working days.

⚬ 6.3. We reserve the right to terminate a contract with Participating Merchants, when Goods, for whatever reason, are not available. In such a case we will inform you and we will return any payment made by you for the ordered Goods and Services.

⚬ 6.4. In the unlikely event that the wrong order is delivered, you have the right to reject it. You will get fully reimbursed for the payment done within 5 days. If the Participating Merchant can only prepare a part of your order e.g. because certain Goods are not in stock, then the staff of the Participating Merchant will contact you and ask if you would like to replace this part of your order by something else or you if you would like to be repaid for the missing Goods. You have the right to refuse a partial order before it was delivered. We are not responsible for incorrect or partial orders. This issue should be discussed directly with the Participating Merchant.

Section 7: Information

⚬ 7.1. You warrant that any information you have provided for your order is correct and complete.

⚬ 7.2. You agree that we may use the information you have entered or saved, to process your order and for marketing and credit control purposes. Purposes which also may be included, for example, are:. To provide your information to third parties where we think that their services are interesting for you, or if this is necessary to provide our Services

⚬ 7.3. You are entitled to ask us for a copy of your personal data known to us. Please contact us if you wish to obtain such copy.

Section 8: Linked Websites

⚬ There are a number of websites or social networks that may be of interest for you. However, we do not represent such third parties and do not guarantee the quality of their products and / or services. Moreover we are not responsible for the content of these websites and / or the products / services they offer.

Section 9: Complaints

⚬ We take complaints very seriously and strive to reply within five days. All complaints should be mailed to: support@elkypay.com.

Section 10: Limitation of Liability

⚬ 10.1. We take much care and attention to the information displayed on Elkypay. We apologize for any errors or omissions. We cannot guarantee that use of Elkypay always happen smoothly. We cannot guarantee that this solution is free of viruses or bugs. We cannot guarantee the full functionality, accuracy and reliability, and we exclude all liability for accuracy and use of this solution.

⚬ 10.2. By accepting these Terms and Conditions you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any food or beverages from a Participating Merchant.

⚬ 10.3. Should we be held responsible for losses and / or damages suffered by you, such responsibility will be limited to the amount you have paid for the costs and / or Services. We are not liable for damages, costs, releases and / or other (in)direct losses (including loss of profit) arising in any way whatsoever.

⚬ 10.4. We are not responsible for late deliveries, errors, omissions, or loss of transmitted information, viruses or other infections or destructive products that affect your smartphone.

⚬ 10.5. We are not liable for errors or delays of our Services, by acts or omissions beyond our reasonable control, such as a natural disaster or an act / omission of a third party.

⚬ 10.7. The Goods sold through us are for your own use. Therefore we are not liable for any (in)direct loss, loss of data, loss of income or profit, loss or damage caused to property and / or loss by third parties arising from the use of our solution or any Goods or Services purchased through us.

⚬ 10.8. We have taken all possible care to prevent Internet fraud and ensure that all data is stored as safely as possible. However, we exclude any liability for the unlikely event that a third party has hacked or broken into our network, devices, servers or those of third parties.

Section 11: General

⚬ 11.1. All prices and fees are indicated in Swedish Krona.

⚬ 11.2. We reserve the right to outsource contracts or parts of contracts occasionally and we reserve the right to renew or modify these Terms and Conditions without your approval being necessary. The use of Elkypay and the use of our Services following any such change constitute your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions.

⚬ 11.3. Payments must be completed at the time the order is placed. Accepted payment method is Swish.

⚬ 11.4. Do not use or launch an automatic system or program in connection with our NFC tags, Snapcodes or QR codes.

⚬ 11.6. The Terms and Conditions together with the order form and payment instructions form the entire agreement you enter into with us. No other condition will form part of the agreement. In the event of a conflict between these Terms and Conditions and any other provision, these Terms and Conditions prevail.

⚬ 11.7. If a condition of the contract as invalid, illegal or considered inapplicable, the Parties agree that this condition will be considered as deleted, but the remainder of the contract will still be valid.

⚬ 11.8. The Terms and Conditions and the entire agreement shall be governed by Swedish law. The parties hereby agree to the exclusive competence of Swedish courts for conflicts arising from the Terms and Conditions and the Agreement.

⚬ 11.9. A delay in the use of our rights under this agreement shall not be considered as a waiver of such rights unless expressly stated in writing.