Welcome to AAHI!
By using AAHI you are accepting these terms and conditions (further for brevity: terms) to the extent allowable by the applicable law. These terms and conditions apply to any use of the AAHI and to the purchase agreements between a supplier and consumer. This terms and conditions shall be understood and complied with in a spirit of good faith and fair dealing. If you do not agree to these terms - do not use AAHI.
1.1 AAHI by Apex Labs is a platform developed by Apex Labs s.r.o. (IČO: 07874251) registered at Korunní 2569⁄108, Vinohrady, 101 00 Praha, Czech Republic. For the purpose of these terms, AAHI or platform mean services provided by Apex Labs s.r.o. and related companies via the mobile and web applications.
1.2 AAHI is an online digital marketplace for discounted food and food-related products. AAHI fulfils this purpose by providing an online cloud platform where suppliers can publish their offers and consumers can find and subsequently purchase those offers directly from suppliers using AAHI as a search, reservation and payment service.
1.3 As such, AAHI does not produce, transport or handle any food or food-related products. AAHI has no means to control, and therefore bears no responsibility in regard, but not limiting to, the offer description, quality, handling, freshness and delivery as these are in full control and under the responsibility of supplier.
1.4 The legal contract for the supply and purchase of orders is therefore between a consumer and relevant supplier. As mentioned above AAHI has no control over the actions or omissions of any supplier. These terms apply solely to AAHI services: search, reservation and payment.
1.5 Supplier is a shop, restaurant, cafe, bakery, hotel, catering or any other establishment that produces, processes and/or handles food or food-related products. By accepting these terms the supplier self-certifies to be properly licensed and be fully compliant with the applicable laws and regulations and to be operating in accordance with the general terms and conditions and accepted practices of the related segment of the food industry. The individual accepting these terms on behalf of the supplier hereby certifies to have sufficient authority within the supplier organization (by being either an executive or manager duly authorized by the supplier) to enter into legal agreement with AAHI on behalf of supplier.
1.6 Consumer is a person, a group of people or an entity who use AAHI services solely for the purpose of finding, reserving and paying for the offers published by suppliers. By accepting these terms the consumer certifies to be of legal age and have legal authority to accept these terms. In case consumer is an entity (for example: food-bank), the individual accepting these terms certifies to have the right and authority to accept these terms on behalf of such entity.
1.7 Offer is listing of food or food-related product published by supplier on AAHI platform to sell it with a discount directly to consumer.
1.8 Order is a fully paid purchase of one or more offers from the same supplier.
1.9 Latest Pickup Time (LPT) is the latest time for a purchased order to be collected from supplier by consumer before the order is canceled without a possibility of refund. LPT is pre-configured by the supplier at the time of publishing the offer and is normally connected to the closing time of the supplier shop or the actual expected expiration of quick-spoiling offers. By placing an order the consumer agrees to collect such order before the LPT with the full knowledge of the fact that failing this, the order will be canceled without a refund due to the quick-spoiling nature of certain foods.
1.10 User is used throughout these terms and conditions meaning either a consumer, supplier or both, when these terms apply to them equally.
1.11 User account. In order to use AAHI a user (consumer or supplier) must create a user account by following registration instructions or automatically using a third-party account such as Google or Facebook. User accounts are strictly personal and only one user account is allowed by AAHI user.
1.12 A user has a possibility to register a user account with AAHI using the credentials from certain third party social networking sites (e.g., Facebook, Google, etc). In that case the user hereby certifies to be the sole owner of any such social media account and that user is entitled to disclose the social media login information to us. User authorizes AAHI to collect required authentication information, and other information that may be available on or through your social media account consistent with user applicable settings and instructions.
1.13 Payment provider is a third party (such as Stripe, PayPal, Apple Pay or Google Pay etc) that collects payments from consumer for the purchase of order on behalf of AAHI via a range of payment methods such as credit card, direct debit, mobile phone payments etc
2.1 Search service
2.1.1 Supplier publishes offers on AAHI platform either via the AAHI partner’s portal, or via the AAHI Sell mobile application or programmatically via the AAHI supplier’s API. The supplier has full control and responsibility of the offer content, such as, but not limiting to: offer title, description, price, discount, quantity available for sale and offer expiration and possible pick up times. Such offers become visible to the consumers at the moment of offer starting time and until offer expiration time or until such an offer is sold out, all of which is controlled by supplier via the partner portal or mobile application.
2.1.2 Consumers find offers via the AAHI mobile or web application based on location, price and other parameters and subsequently purchase the offer directly from the supplier using AAHI reservation and payment service.
2.2 Reservation and Payment service
2.2.1 When consumer decides to purchase an offer directly from the supplier they can reserve and pre-pay this offer using AAHI. An offer can be reserved by purchasing the offer using one of the payment providers and payment methods available in the consumer region. This creates an active order in AAHI. One order can contain one or more offers but only from the same supplier.
2.2.2 Once the order is paid via AAHI application, it is effectively purchased by consumer with the immediate effect. Keeping in mind that the offer is already discounted and the quick-spoiling nature of food and food related products once the offer is purchased, the responsibility to pick-up the order before the LPT (latest pick-up time) lies entirely with the consumer, failing which results in automatic order cancellation without a possibility of refund.
2.2.2 Therefore, once the order is paid there is no possibility for consumer to cancel the purchase or request a refund. Because of this, AAHI has a special extra confirmation screen before the payment of the order and finalizing the purchase, highlighting the fact that a refund is not possible after payment.
2.2.3 A supplier on other hand has a right to refuse or cancel/refund a placed and paid order, however only for compelling reasons such as medical emergency or similar extraordinary circumstance. In that case the consumer will be notified immediately by AAHI and an instant full refund will be issued by AAHI to the consumer automatically.
2.2.4 When order is placed and paid by consumer the related supplier will receive a notification from the AAHI that a new order is waiting to be accepted. Supplier can configure an automatic order acceptation at the time of publishing an offer. In case of automatic acceptation the order will be accepted by AAHI automatically. In case of manual acceptation the supplier has to accept the order via the partner portal or mobile application within a period of 15 minutes from the moment the order is placed by consumer after which period the order will be automatically cancelled and refunded.
2.2.5 After accepting the order, either manually or automatically, the supplier will prepare the order for pick-up in accordance with the supplier approved procedures and regulations. When an order is ready-for pick-up the supplier will mark it as such via partner portal or mobile application. The supplier has also an option to configure AAHI to mark an order as “ready for pickup” automatically either immediately on accepting the orderk, or after a certain period of time. In that case this step is done automatically by AAHI.
2.2.6 When an order is manually marked “ready for pick up” by supplier or automatically by AAHI, consumer will receive a notification from AAHI that the order is ready for pick up containing the order number and a secret code.
2.2.7 The consumer will then be able to pick-up the order directly from supplier and will provide to the supplier the order number and the secret code that was received from AAHI. Without this information the supplier will not be able to identify the order and the consumer and therefore won’t be able to hand over the order. This system is necessary to protect the privacy of consumer.
2.2.8 When supplier receives the order number and the secret code from consumer the supplier will enter this information into the partner portal or mobile application and if it matches the data in AAHI the platform will instruct the supplier to hand over the order to consumer.
2.2.9 If the information does not match the consumer should contact AAHI support via chat, e-mail or via phone in the regions where phone support is available.
2.2.10 The supplier will not hand over the order to consumer if consumer can not provide the correct order number and secret code.
2.2.11 It is the responsibility of consumer to note the order number and secret code in case consumer mobile device breakdown. Losing the order number and/or secret code does not substitute a ground for a refund.
2.2.12 Consumer is encouraged to rate the order after pick-up and consumption via the mobile application rate function and leave any comments positive or negative regarding the ordering experience, order quality, supplier or AAHI in general.
3.1 AAHI acts as a payment proxy between consumer and supplier. For convenience, AAHI issues receipts and refund notes to consumers on behalf of supplier. These invoices automatically contain the relevant tax information as provided by supplier such as supplier legal name, supplier tax registration number and tax rate, relevant for the supplier.
3.2 Despite of specifying the relevant tax on the consumer receipts, AAHI does not withhold any taxes from the payments of consumers to suppliers. Paying all relevant taxes to the tax authorities is sole responsibility of supplier.
3.3 All prices visible on AAHI platform to supplier and consumers are tax-inclusive, meaning that the price includes all relevant taxes.
3.4 When supplier publishes an offer on AAHI the supplier will choose the offer base/starting price and a number of fixed or progressive discounts that are automatically applied by AAHI to the base price of the offer. The actual price of the offer is automatically determined by AAHI at the time of the order payment and displayed to the consumer as the order total in the confirmation screen. This price will depend on the base price configured by supplier and the discounts active at the time of purchase. Supplier can see the forecast offer price at the times of future discounts activations in the offer publishing screen of the partner portal.
3.5 AAHI is not responsible for any losses or damages resulting from supplier mis-configuring the offer price and/or discounts. If such error is discovered by supplier before an order is handed over to consumer, the supplier has a possibility to refund the order and un-list and then re-list the offer. However, it should be noted that these actions may negatively affect supplier ratings by consumer.
3.6 AAHI collects payments for purchasing of orders from consumers via payment providers using one of the payment methods available in the consumer region (for example: credit card, Apple pay, bank account direct debit, etc) as chosen by the consumer.
3.7 All payments between consumer and supplier are processed by AAHI and once an order is paid by consumer all payment obligations of consumer to supplier in regard to this order are full-filled, meaning that no extra payments are to be collected by supplier from consumer at the time of order pickup.
3.8 AAHI charges consumers no extra or hidden fees on top of the final order price displayed in the order confirmation screen of AAHI mobile application.
3.9 AAHI pays out supplier the total of all payments collected from consumers for processed orders minus the service fee / commission agreed between the supplier and AAHI.
3.10 AAHI transfers these payments to suppliers after with-holding a commission for AAHI services at regular intervals. The exact intervals, payment methods and the commission rates are agreed individually with each supplier and depend on the region of the supplier, supplier status (launch partner, early partner, etc) and the order volume tier of the supplier and are visible to the supplier via the partner portal in the active contract section. This section of the partner portal forms a legal appendix to these terms. The supplier must accept the agreed intervals and the commission rates in the partner portal before publishing offers in AAHI and this fact is registered by AAHI electronically.
3.11 Payments can be made in any currencies at the rate on the day of payment.
4. Rights and Responsibilities
4.1.1 Supplier has full control and responsibility over the publishing of offers on AAHI. This includes the offer content (including, but not limiting to title, description, expected preparing time, tags, optional picture etc), available quantities, pricing (base price, fixed of progressive discounts, the times in the future when progressive discounts are activated etc), choices for auto-accepting and auto-marking the oder ready for pickup, earliest and latest pickup times (LTP). Any disputes and/or losses resulting from entering incorrect data into AAHI are therefore fall under full responsibility of supplier.
4.1.2 Notwithstanding the above, the offer price calculated by AAHI based on the offer data published by supplier is therefore final after consumer has confirmed the purchase of the order and non-disputable.
4.1.3 Notwithstanding the above, the supplier is responsible to keep the order purchased by consumer until at least the order LTP (latest-pickup-time) after which the order will be canceled automatically without a possibility of refund to consumer. Despite of this, a supplier can still choose to hand over the canceled order to consumer if supplier deems so appropriate.
4.1.4 Supplier has the right to refund a payment of order to consumer at all times by selecting the relevant action in the partner portal.
4.1.5 Supplier will attach AAHI sticker nearby the entrance to supplier shop, visible from the outside in order for consumers to be able to easily find the order collection point.
4.2.1 It is the responsibility of consumer to comply with all laws and regulations in the country in which consumer lives when consumer accesses and uses AAHI. Consumer agrees to use AAHI only in compliance with these terms and applicable law, and in a manner that does not violate AAHI legal rights or those of any third party(ies).
4.3.1 AAHI reserves the right suspend her services and disable any user account at any time, without a prior notice, with or without specifying a reason, if AAHI deems so necessary.
5. Disputes, Refunds
5.1 Any disputes arising regarding the actual order (including, but not limiting to, inaccurate order description, quality and freshness of food, order packaging etc) are strictly between supplier and consumer
5.2 Supplier has a technical possibility to issue a full and immediate refund to consumer via AAHI at any time before or after order pickup, by pressing refund button in the partner portal or mobile app.
5.3 The contract for purchasing food is between supplier and consumer. Because of this all refunds are fully under the authority of supplier.
6. Intellectual property
6.1 AAHI is the owner of the license of all intellectual property rights in AAHI, and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2 It is prohibited to copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content from AAHI site or AAHI applications in any way except for your own personal, non-commercial use.
6.3 AAHI is either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the platform, and in any material published on it.
6.4 User must not misuse AAHI platform (including by hacking or scraping).
6.5 User must not use any part of the materials on the AAHI for commercial purposes without obtaining a license to do so from AAHI.
7. Prohibited Uses
7.1 The following is a partial list of the kinds of conduct that are illegal or prohibited on the AAHI platform. AAHI reserves the right to investigate and take appropriate legal action against anyone who, in AAHI’s sole discretion, engages in any of the prohibited activities. Prohibited activities include — but are not limited to — the following:
- Using AAHI platform for any purpose in violation of local, state, or federal laws or regulations
- Posting content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party
- Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by AAHI in its sole discretion or pursuant to local community standards
- Posting Content that constitutes cyber-bullying, as determined by AAHI in its sole discretion
- Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior
- Posting telephone numbers, street addresses, or last names of any person
- Posting URLs to external websites or any form of HTML or programming code
- Posting anything that may be “spam,” as determined by AAHI in its sole discretion
- Impersonating another person when posting Content
- Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent
- Allowing any other person or entity to use your identification for posting or viewing comments
- Harassing, threatening, stalking, or abusing any person
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of AAHI , exposes AAHI or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
7.2 Encouraging other people to engage in any prohibited activities as described herein. AAHI reserves the right – but is not obligated – to do any or all of the following:
- Investigate an allegation that any Content posted on AAHI platform does not conform to these terms and conditions and determine in its sole discretion to remove or request the removal of the Content
- Remove Content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these terms and conditions
- Terminate a user’s access to AAHI platform upon any breach of these terms and conditions
- Monitor, edit, or disclose any Content on AAHI platform; and
- Edit or delete any Content posted on AAHI platform, regardless of whether such Content violates these standards.
7.3 AAHI Trademarks and Copyrights
All trademarks, logos, and service marks displayed onAAHI platform are registered and unregistered Trademarks of AAHI and/or third parties who have authorized their use (collectively the “Trademarks”)
You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The use of AAHI’s trademarks on any other website is strictly prohibited. All of the materials contained on AAHI platform are copyrighted except where explicitly noted otherwise. AAHI will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. AAHI neither warrants nor represents that your use of materials displayed on AAHI platform will not infringe rights of third parties not owned by or affiliated withAAHI . Use of any materials on AAHI platform is at your own risk.
8. Applicable Law
8.1 These terms are governed by the Civil law of Czech Republic and all and any disputes regarding these terms should be settled in the civil court of the city of Prague, Czech Republic.
8.2 For the international transactions with EU Members States will be enforce the EU laws or international laws for other world spaces.
8.3 If any provision of these terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, these terms shall continue to be valid as to its other provisions and the remainder of the affected provision, unless it can be concluded from the circumstances that, in the absence of the provision found to be null and void, the parties would not have concluded these terms. The parties shall use all reasonable efforts to replace all provisions found to be null and void by provisions that are valid under the applicable law and come closest to their original intention.
9. Disclaimer of warranties, limitation of liability, Indemnification and Force Majeure
9.1 Disclaimer of Warranties
9.1.1 USERS ACKNOWLEDGE AND AGREE THAT AAHI PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT USERS USE OF THE SERVICES SHALL BE AT USERS SOLE RISK.
9.1.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AAHI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH AAHI PLATFORM AND USERS USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AAHI PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT AAHI PLATFORM HAS BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USERS ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES.
9.1.3 THE AAHI PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USERS AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
9.2 Limitation of Liability
9.2.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AAHI PARTIES BE LIABLE TO USER FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF AAHI PLATFORM, AND/OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF AAHI PLATFORM AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS
9.2.2 IN NO EVENT SHALL THE AAHI PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
9.3.1 Users agree to indemnify, defend, and hold harmless the AAHI platform from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Users Content, (ii) Users unauthorized use of AAHI platform, or products or services included or advertised in the Services; (iii) Users access to and use of AAHI platform; (iv) Users violation of any rights of another party; or (v) users breach of these terms and conditions, including, but not limited to, any infringement by users of the copyright or intellectual property rights of any third party.
9.3.2 AAHI retains the exclusive right to settle, compromise and pay, without the prior consent, any and all claims or causes of action which are brought against AAHI. AAHI reserves the right, at users expense, to assume the exclusive defense and control of any matter for which users are required to indemnify AAHI and users agree to cooperate with AAHI defense of these claims.
9.3.3 Users agree not to settle any matter in which AAHI are named as a defendant and/or for which users have indemnity obligations without the prior written consent. AAHI will use reasonable efforts to notify users of any such claim, action or proceeding upon becoming aware of it.
9.4 Force majeure – excuse for non-performance
9.4.1 “Force majeure” means war, emergency, accident, fire, earthquake, flood, storm, industrial strike or other impediment according by the law which the affected party proves was beyond its control and that it could not reasonably be expected to have taken the impediment into account at the time of the conclusion of the business conditions or to have avoided or overcome it or its consequences.
9.4.2 A party affected by force majeure shall not be deemed to be in breach of these terms, or otherwise be liable to the other, by reason of any delay in performance, or the non-performance, of any of its obligations under this contract to the extent that the delay or non-performance is due to any force majeure of which it has notified the other party.
9.4.3 The time for performance of that obligation shall be extended accordingly, subject to Article 9.4.4 and 9.4.3 If any force majeure occurs in relation to either party which affects or is likely to affect the performance of any of its obligations under these terms and conditions, it shall notify the other party within a reasonable time as to the nature and extent of the circumstances in question and their effect on its ability to perform.
9.4.4 If the performance by either party of any of its obligations under these terms is prevented or delayed by force majeure for a continuous period in excess of three months, the other party shall be entitled to terminate the collaboration by giving written notice to the Party affected by the force majeure.