Terms of use

ABOUT US

We are SENSEI B.V., a private limited liability company established in the Netherlands, registered under the company number 88774368 and having its office at Willemsparkweg 51-3 1071GR Amsterdam Netherlands 1071GR. You can contact us at [email protected].

DEFINITIONS

We have given certain words a defined meaning. These are set out below:

"App(s)/Website(s) Services" means the services provided to you by SENSEI, consisting of: (a) access to and use of SENSEI's mobile application(s) and/or website(s) which enable you to request and receive SENSEI Provided Services and/or Third Party Services; and/or (b) payment collection and payment processing services (including issuing invoices and receipts on behalf of Third Party Providers) allowing us to charge you and to pay charges into the bank account of SENSEI or Third Party Providers, as the case may be, and SENSEI may engage affiliates or third parties to provide these payment collection and payment processing services on its behalf.

"Third Party Providers" are independent third parties and include, but are not limited to, restaurants, travel providers, leisure providers, and/or couriers services.

"Third Party Services" include, but are not limited to, services and goods in the field of transportation, travel, leisure, delivery, logistics, mobility, and the food or grocery industry, provided to you by independent Third Party Providers. These are made available to you through your use of the App(s)/Website(s) Services.

"SENSEI" means SENSEI B.V., or any of its subsidiaries or affiliates ("we" or "us").

"SENSEI Names, Marks or Works" means SENSEI or its licensor's company names, logos, products or service names, trademarks, service marks, trade dress, other indicia of ownership, or copyrights.

"SENSEI Products" means SENSEI Provided Services, including, but not limited to, AKARIYA.

"SENSEI Provided Services" include, but are not limited to, provision of services, goods, delivery, food and grocery industry, provided directly to you by SENSEI, which will be subject to additional terms between you and us.

GENERAL

1 Overview

1.1 These terms cover your access and use of SENSEI's App(s)/Website(s) Services and your use of SENSEI Products (the "Terms").

1.2 You must read carefully and agree to the Terms prior to accessing and using SENSEI's App(s)/Website(s) Services or SENSEI Products. These Terms expressly supersede prior agreements or arrangements about the App(s)/Websites Services (as defined below) and SENSEI Products between you and SENSEI.

1.3 These Terms apply to the extent they do not conflict with any user and supplemental terms that specifically apply to SENSEI's App(s)/Website(s) Services and SENSEI Products. You will be asked to agree to any such terms separately.

1.4 By using SENSEI's App(s)/Website(s) Services, you confirm you accept these Terms. If you do not agree to these Terms, you may not access or use SENSEI's App(s)/Website(s) Services. We recommend that you keep a copy of these terms for future reference.

1.5 If we have to contact you, we will do so by push notification from SENSEI's mobile application, phone call, text message or email, using the details you provided to us on registration for SENSEI's mobile application. When we use the words "writing" or "written" in these terms, this includes emails, texts and push notifications.

1.6 Unless otherwise agreed separately in writing, the App(s)/Website(s) Services and SENSEI Products are made available to you for your personal non-commercial use in the Netherlands only.

2 SENSEI Provided Services

2.1 The specific terms governing SENSEI Provided Services may be set out in additional terms or a separate agreement. For SENSEI Provided Services, SENSEI is the service provider contracting directly with you.

2.2 SENSEI is free to decide to accept or reject a request. Acceptance is communicated to you through SENSEI's mobile applications and/or websites and the related terms or agreement will set out when a direct contract forms between you and SENSEI.

3 Third Party Services

3.1 For Third Party Services, SENSEI acts as a disclosed agent between you and the Third Party Providers to enable them to provide the Third Party Services to you. SENSEI does not provide Third Party Services. All Third Party Providers are independent third party contractors, registered businesses or other legal entities who are not employed by or acting on behalf of SENSEI.

3.2 Third Party Providers are free to decide to accept, reject or ignore a request. Acceptance is communicated to you through SENSEI's mobile applications and/or websites and will give rise to a direct contract between you and the Third Party Provider (for Third Party Services).

3.3 The Third Party Provider is responsible for any obligations that may arise from the provision of the Third Party Services.

4 Privacy Notice

4.1 SENSEI collects, uses and discloses information from or about you as described in SENSEI's Privacy Notice. Additional privacy notices may apply, including from third party controllers, for SENSEI Provided Services or Third Party Services. We will notify you when such notices apply to you.

5 Charges and Payment

5.1 Charges for SENSEI Provided Services and Third Party Services.

5.1.1 If you make a request through SENSEI's mobile applications and/or websites, you agree to pay the relevant charges as described in SENSEI's mobile applications and/or websites and will be responsible for any charges or fees linked to your account.

5.1.2 Depending on the SENSEI Provided Service or Third Party Service used, including, but not limited to, its location, the charges may be displayed on SENSEI's mobile applications and/or websites before a request is placed. In other cases, the charges will depend on your use of the Third Party Services or SENSEI Provided Services. We may provide an estimate of these charges. Please be aware that the final amount charged to you may be different from the estimate.

5.1.3 You may be charged supplementary charges, costs and/or fines, for your use or misuse of SENSEI Provided Services and/or Third Party Services (such as repair or cleaning fees).

5.1.4 In some cases, if the SENSEI Provided Services or the Third Party Services cannot be performed due to your action or inaction (for example, if you are not present at the pick-up or delivery location to receive a delivery), all charges may apply.

5.1.5 Once the SENSEI Provided Service or the Third Party Service has been provided, we may issue you with an invoice from SENSEI or on behalf of the Third Party Provider, as applicable. The invoice will include VAT, if applicable.

5.2 The charges may be modified in SENSEI's mobile applications and/or websites from time to time.

5.3 The charges do not include tips. Where available, you may pay tips, either in person or through SENSEI's mobile applications and/or websites. We will collect tips paid through SENSEI's mobile applications and/or websites on your behalf and remit them.

5.4 Unless otherwise agreed, all charges are due immediately upon a request being placed and payment will be facilitated by SENSEI using the preferred payment method associated with your account, after which SENSEI will send you a receipt by email. If your primary payment method is not able to be charged, SENSEI may use a secondary payment method if available. If your payment method(s) are unavailable, we reserve the right to continue to try to take payment.

5.5 Charges are inclusive of applicable taxes including VAT unless specifically stated otherwise.

6 Cancellation

6.1 In some cases, you do not have the right to cancel the request for the SENSEI Provided Services and Third Party Services once it has been accepted. However, for certain SENSEI Provided Services or Third Party Services, SENSEI or the Third Party Service Provider (as appropriate) may allow you to cancel the request, but you may be charged a cancellation fee.

6.2 SENSEI may refuse requests and cancel the Third Party Services or SENSEI Provided Services if there is reasonable doubt about the correctness or authenticity of the request or about the contact information. In this case too, a cancellation fee may be charged. We may also end any contract in place between you and SENSEI.

7 Termination

7.1 You are free at all times to use the App(s)/Website(s) Services (where and when available) and may terminate these Terms and the App(s)/Website(s) Services by closing your account.

7.2 We may terminate these Terms and your access to the App(s)/Website(s) Services with immediate effect if we conclude that there is a breach by you of these Terms or any other agreement between you and SENSEI for the provision of SENSEI Products.

7.3 SENSEI may, in its sole discretion, terminate these Terms or discontinue the App(s)/Website(s) Services at any time by giving you reasonable advance notice in writing.

7.4 If we cannot charge the relevant charges to your preferred payment method we may suspend or remove your access to the App(s)/Website(s) Services until payment is made.

7.5 You must immediately pay any outstanding charges due to Third Party Providers or SENSEI by you upon termination. Any such charges will survive termination and we reserve all rights to collect payment after termination.

8 Your liability and Indemnity

8.1 You are liable for any damage suffered by us as a result of your violation of these Terms, your misuse of the App(s)/Website(s) Services and SENSEI Products or your violation of any laws or third party rights. You are liable for all activities conducted through your account unless such activities are not authorised by you and you are not otherwise negligent.

8.2 In order to have access to the App(s)/Websites(s) Services, you agree to indemnify, defend (at our option) and hold us and our respective officers, directors, and employees harmless from and against all claims, liabilities, expenses, damages, penalties, fines, social security contributions and taxes arising out of or related to a breach of these Terms, breach of applicable law or third party claims directly or indirectly related to your use of the Third Party Services and the SENSEI Provided Services generally.

9 Limitation of Liability

9.1 Nothing in these Terms limits or excludes any liability which cannot legally be limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation or alters your rights as a consumer that cannot be excluded under applicable law.

9.2 SENSEI, its affiliates, directors, officers, employees, workers, agents and/or subcontractors are not liable under or in relation to these Terms including, but not limited to, liability in contract, tort (including negligence, misrepresentation), breach of statutory duty, restitution or otherwise for any of the following arising out of or in connection with the use of the App(s)/Website(s) Services and/or SENSEI Products made available through the App(s)/Website(s) Services: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill and (vii) indirect or consequential loss.

9.3 SENSEI, its affiliates, directors, officers, employees, workers, agents and/or subcontractors are not liable for:

9.3.1 damages or losses arising from any transaction between you and a Third Party Provider;

9.3.2 the availability and accuracy of the content, products or services of the Third Party Provider; or

9.3.3 delay or failure in performance resulting from causes beyond our reasonable control.

9.4 Our total liability to you, arising out of these Terms or their subject matter, or in connection with the provision to you of the App(s)/Website(s) or SENSEI Products, in contract, tort (including negligence, misrepresentation), breach of statutory duty, restitution or otherwise, shall not exceed five hundred euro sterling (€100), unless otherwise agreed in relation to a specific SENSEI Product.

9.5 SENSEI, and its affiliate entities, are not liable for business losses. App(s)/Website(s) Services are provided only for private use. If you use App(s)/Website(s) Services for any commercial or business purpose SENSEI will have no liability to you for any loss of profit, loss of business, loss of revenue, business interruption, or loss of business opportunity (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms).

10 General.

10.1 SENSEI may change these Terms from time to time. We will inform you of changes within a reasonable time period. You will be bound by such changes upon their notification to you in SENSEI's mobile applications and/or websites and/or by email. If you do not agree with these changes, you are free to close your account in accordance with Section 7.1. These Terms were most recently updated as at the outset of this document.

10.2 The invalidity of any provisions in these Terms does not affect the validity and enforceability of the rest of these Terms. Any such invalid, illegal or unenforceable provisions shall be deemed deleted.

10.3 We may assign, subcontract or transfer these Terms or any of our rights or obligations in them, in whole or in part, without your prior consent, provided this will not lead to a reduction of the rights you are entitled to by virtue of these Terms or by law. We will tell you if this happens. You may not assign, subcontract or transfer these Terms or any of our rights or obligations, in whole or in part, as your use of the SENSEI's App(s)/Website(s) is personal, unless agreed otherwise.

10.4 These Terms replace all previous agreements relating to your access and use of the App(s)/Website(s) Services. In addition, in the event of any conflict between these Terms and any previous agreements relating to your use of SENSEI Transportation Services, these Terms shall prevail.

10.5 You may be required to accept additional terms to access or use the App(s)/Website(s) Services and/or SENSEI Products. If there is a conflict between these Terms and the separate agreement, the latter will have precedence unless specified otherwise in the separate agreement.

11 Dispute Resolution Process

11.1 In the event of a dispute, we would ask you to raise a complaint using the contact details in the "About Us" section above. In the unlikely event that we cannot resolve the dispute, we will work with you to discuss a way forward to resolve the dispute, which may include mediation. SENSEI's right to refer the dispute to a court is expressly reserved. SENSEI does not commit to using an online dispute resolution platform to resolve consumer disputes.

12 Governing Law and Jurisdiction

12.1 These Terms shall be exclusively governed by and construed in accordance with the laws of the Netherlands. If you live in the Netherlands you can bring legal proceedings in respect of the Services in the Netherlands courts.

APP(S)/WEBSITE(S) SERVICES

13 By accessing and using the App(s)/Website(s) Services you accept these Terms

13.1 By accessing and using the App(s)/Website(s) Services in another country, your access and use may be subject to country-specific terms.

13.2 SENSEI's mobile applications and/or websites may be made available to you under various branding depending on the SENSEI Product(s) you are accessing or using at the time.

14 Your access to and use of the App(s)/Website(s) Services

14.1 SENSEI's mobile applications and/or websites can be downloaded or accessed on most modern mobile devices with an internet connection and equipped with popular operating systems such as Android or iOS.

14.2 You are responsible for obtaining the network access necessary to use the App(s)/Website(s) Services and are responsible for any rates and fees from your mobile network provider, including from data consumption while using SENSEI's mobile applications and/or websites. You are also responsible for obtaining compatible devices and operating systems necessary to use the App(s)/Website(s) Services, including any software or hardware updates.

14.3 We provide the App(s)/Website(s) Services "as is" and "as available." The App(s)/Website(s) Services, or any related digital content, may be subject to limitations, delays, and/or other problems inherent to the use of the internet and electronic communications and are not guaranteed to be available, uninterrupted or error free at all times. SENSEI may suspend or withdraw or restrict the availability of all or any part of the App(s)/Website(s) Services for business and operational reasons. SENSEI will try to give you reasonable notice of any suspension or withdrawal.

14.4 To use the App(s)/Website(s) Services in the Netherlands, you must register in SENSEI's mobile applications and/or websites and set up an account and you must be eighteen (18) or older. To use the App(s)/Website(s) Services in the Netherlands, you must be eighteen (18) or over. The terms governing specific SENSEI Provided Services or Third Party Services may impose different age requirements.

14.5 You must provide us with certain personal information to register and set up your account, including your phone number and email address. To use the App(s)/Website(s) Services, SENSEI Provided Services or certain Third Party Services, you may need to provide at least one valid payment method (that is, a credit card, debit card or any other accepted payment method). You may need to provide additional information and documents before using certain SENSEI Provided Services or Third Party Services, such as your address.

14.6 You are under no obligation to log in to, or use, SENSEI's mobile applications and/or websites. If you choose to stop using SENSEI's mobile applications and/or websites you may do so without giving us any notice. You further agree that Third Party Providers are under no obligation to log in to, or use, SENSEI's mobile applications and/or websites.

14.7 SENSEI may temporarily restrict your access to and use of the App(s)/Website(s) Services if there is a suspected breach of your obligations (see Section ‎15 below) or otherwise of these Terms, including where we receive a complaint in relation to fraud. There may be circumstances in which we are unable to provide you with information about the complaint whilst an investigation is ongoing (by us and/or a third party such as the police).

15 Your Obligations when using the App(s)/Website(s) Services

15.1 When using the App(s)/Website(s) Services, you must comply with all applicable laws. You may only use the App(s)/Website(s) Services for lawful purposes and for the purposes for which they were intended as otherwise referenced in these Terms. You must not misuse SENSEI's mobile applications and/or websites or attempt to defraud either us or Third Party Providers.

15.2 You must provide accurate and complete information when you register an account and when using the App(s)/Website(s) Services.

15.3 Your account is personal to you. Your account cannot be licensed or shared unless expressly permitted by SENSEI. Once you have set up an account, you:

• may not register more than one account unless we agree otherwise in writing;
• may not allow third parties to use your account or transfer your account to a third party;
• must keep your account information accurate, complete and up-to-date;
• must keep your login details safe and confidential at all times; and
• must tell us immediately if you have any reason to believe that someone else knows your username or password or if you suspect that someone else is using your account.

15.4 You will be responsible for paying any fees or charges that may be incurred as a result of the provision of SENSEI Provided Services or Third Party Services requested through your account.

15.5 You must not, in your use of the App(s)/Website(s) Services, cause any nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider, SENSEI or any other party.

15.7 We have the right to introduce a fee, and we will inform you, for specific features on SENSEI's mobile applications and/or websites, in which case you can decide if you wish to proceed. These may be subject to separate terms, which SENSEI will make available to you at the time.

16 What if there's a problem with my App(s)/Website(s) Services?

16.1 If there is a problem with the App(s)/Website(s) Services, or if you have a complaint, please contact us on the details set out in the "About Us" section above.

17 Do not rely on information made available to you on the App(s)/Website(s) Services.

17.1 Although SENSEI makes reasonable efforts to update the information provided through the App(s)/Website(s) Services, SENSEI makes no representations, warranties or guarantees, whether express or implied, that the content on the mobile applications and/or websites is accurate, complete or up to date.

18 Ownership of and rights in the App(s)/Website(s) Services

18.1 SENSEI reserves all rights not expressly granted in these Terms. The App(s)/Website(s) Services, SENSEI's devices and all data gathered through SENSEI's mobile applications and/or websites (including all intellectual property rights in all of the foregoing) are and remain SENSEI's property or the property of SENSEI's licensors.

18.2 You may not, and may not allow any other party to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of SENSEI's mobile applications and/or websites; (b) reverse engineer or attempt to extract the source code of SENSEI's mobile applications and/or websites except as allowed under law; (c) launch or cause to launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of SENSEI's mobile applications and/or websites or data; (d) use, display, or manipulate any of SENSEI Names, Marks, or Works for any purpose other than to use the App(s)/Website(s) Services; (e) create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include SENSEI Names, Marks, or Works or any confusingly or substantially similar mark, name, title, or work; (f) use SENSEI Names, Marks, or Works as your social media profile picture or wallpaper; (g) purchase keywords (including, but not limited to Google AdWords) that contain any SENSEI Names, Marks, or Works; or (h) apply to register, reference, use, copy, and/or claim ownership in SENSEI's Names, Marks, or Works, or in any confusingly or substantially similar name, mark, title, or work, in any manner for any purposes, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works; except as may be permitted in the limited license granted under Section 18.3 below.

18.3 Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, revocable, non-sublicensable license to install and/or make use of SENSEI's mobile applications and/or websites on your device solely for your use and for you to access and use information made available through SENSEI's mobile applications and/or websites. Any rights not expressly granted herein are reserved by SENSEI and SENSEI's licensors.

AKARIYA

DELIVERY SERVICES AGREEMENT

Thank you for choosing AKARIYA. AKARIYA is a AKARIYA is a trademark owned by SENSEI and part of the SENSEI Provided Services.

This Delivery Services Agreement (the "Terms") sets forth relevant terms and conditions governing the provision of Delivery Services for items ordered via AKARIYA, and your relationship with AKARIYA where you request it to provide Delivery Services as described below. You can contact us at [email protected].

In order to request Delivery Services in the Netherlands, all AKARIYA users must accept these Terms. By requesting Delivery Services, you confirm that you accept these Terms. These Terms will apply to all subsequent orders you place for Delivery Services.

You will be notified about any changes to the Terms by e-mail and a new version will be made available online. When accessing or using the Delivery Services, you consent to be bound by the Terms, as amended, at the time you use the Delivery Services.

These Terms are additional to the terms you have entered into in relation to your use of SENSEI's app/website services ("User Terms"). For the purpose of the User Terms, the SENSEI entity you have contracted with for AKARIYA Delivery (as defined below) is AKARIYA.

These Terms will apply to your use of AKARIYA via any means (including orders placed on the AKARIYA App or on akariya.kitchen), when we use the term "AKARIYA App" in these Terms, that term includes any App or website on which you order via AKARIYA.

1 Use of the AKARIYA App

1.1 You can order food, beverages, or other items ("Items") from us by using AKARIYA App. To use specific feature of the AKARIYA App, you must first register for and maintain an active personal user services account in accordance with the User Terms ("AKARIYA Account").

1.2 AKARIYA may decide according to its reasonable business discretion whether or not to accept your registration for an AKARIYA Account. Once your registration has been accepted, you will be provided access to the AKARIYA App and AKARIYA.

2 Use of the Delivery Services

2.1 Once you have been provided access to the AKARIYA App, you may place orders for Items. You may request that Items be delivered ("Delivery Services").

2.2 Your Items are delivered by AKARIYA itself ("AKARIYA Delivery").

2.3 In the case of an AKARIYA Delivery, You will contract with and be charged by AKARIYA for the Delivery Services. AKARIYA will request an independent contractor (a "Delivery Partner") to collect Items from us and deliver such items to you on AKARIYA's behalf.

2.4 In other cases, such as a Pickup order, you may place orders for Items via the AKARIYA App which do not require the use of Delivery Services.

2.5 AKARIYA Delivery is an SENSEI Provided Service, as referred to in the User Terms.

2.6 In the case of an AKARIYA Delivery, AKARIYA will endeavour to ensure that your Items will be delivered to you as soon as reasonably possible. Unfortunately, independent factors such as traffic and weather, as well as the actions or inactions of Delivery Partners may cause delays in the provision of Delivery Services. AKARIYA reserves the right to refuse to accept and/or complete an AKARIYA Delivery if the delivery point is a school.

2.7 Delivery Services are offered in designated regional areas as communicated via the AKARIYA App from time to time ("Delivery Service Area"). AKARIYA does not guarantee that the Delivery Services will be available in the Delivery Service Area at all times.

2.8 You and AKARIYA may terminate these Terms or the Delivery Services if the other party violates the provisions of these Terms. Subject to clause 2.9, you can terminate these Terms by writing to us or by no longer requesting Delivery Services. SENSEI may suspend all or part of the Delivery Services, and otherwise, operate or discontinue the Delivery Services.

2.9 You may cancel your order until the us has accepted your order. Once the the us has accepted your order, you will no longer be able to cancel and you will be charged full price for your ordered Items. If you cancel your order after the delivery has begun, you will also be charged full price for Delivery Services.

2.10 If either an AKARIYA Delivery or us Delivery fails for reasons attributed to you (for example, you were not available when your Items were delivered to you) you may be charged full price for both Items and Delivery Services.

2.11 If AKARIYA cancels the Delivery Services for any reason not attributed to you, you will be entitled to a refund for any Fees paid.

3 Payment for the Delivery Services

3.1 The price of the Delivery Services (the "Fees") will be determined based on the price shown in the AKARIYA App before you place your order for Delivery Services. All fees are in euro sterling and include VAT.

3.2 You shall pay any Fees for Delivery Services via one of the payment options (which will always include credit or debit card) as offered by AKARIYA from time to time. When you place an order for Items, AKARIYA may need to verify your payment method by issuing a temporary authorisation hold from your bank. When your order has been completed, if you think a payment is incorrect, please contact us promptly to let us know.

3.3 If you are unhappy with an AKARIYA Delivery, your sole recourse will be with AKARIYA. AKARIYA will provide refunds for a substandard AKARIYA Delivery at its sole discretion.

3.4 Without prejudice to any separate right to suspend your AKARIYA Account, insofar as a fee payment cannot be honoured because of insufficient funds, AKARIYA shall be entitled to suspend your access to Delivery Services by blocking the AKARIYA App until your selected payment method is effecting payments.