The ResQ service terms of use

(Updated 26.5.2020)

Read these ResQ service terms of use carefully. By using the ResQ service, the user (“you” or “user”) will accept these terms of use and agree to abide by them. These terms apply to the use of the ResQ service between you and ResQ Club Oy (“ResQ”) and the purchase of take-away food portions or similar offering between you and a restaurant or grocery store partnering with ResQ. If you do not accept these terms, do not use the ResQ service.

 

These terms will become effective on 1.6.2020, and will replace the previous ResQ service terms of use updated on 1.2.2018.

 

The ResQ service is provided by:

Business operator’s name: ResQ Club Oy

Address: Lapinlahdenkatu 16, 00180 Helsinki

Business ID: 2725420-3

E-mail: info@resq-club.com

 

ResQ provides customer service and user support in the ResQ application’s chat service and by e-mail at info@resq-club.com on weekdays between 9 AM and 9 PM.


1. General

The ResQ service is a digital service platform through which Partners with a partnership contract with ResQ offer take-away food portions or similar offerings for purchase for users signed in to the ResQ service. The ResQ service can be used both through the ResQ application and the resq-club.com Internet site. Using the ResQ service through interfaces other than the ones provided by ResQ is prohibited.

 

In addition to restaurants, “Partners” in these terms of use also refers to other food industry operators, who may be operating, for example, in the cafeteria, bakery or grocery store business. The ResQ service provides information about the partners who offer food through the ResQ service.

 

The purpose of the service is to provide food offered by partners and partners that would otherwise go to waste to users for purchase and pickup. The purpose of the ResQ service is to do its part in making it easier for users to eat affordably and discover restaurants near them by utilizing the service. Simultaneously, the aim is to reduce food waste at partners.


2. Prerequisites for use

In order to buy portions through the ResQ service, the user must:

  • Accept these terms of use and the processing of user information in accordance to these Terms of Use and ResQ Privacy Policy.
  • Be legally competent and of legal age, or a person of 18 years old.
  • Provide the service correct and up-to-date contact information.

 

In addition, the user must be legally and appropriately using a functional tender currently accepted as a method of payment in the ResQ service whose information the user must enter correctly in the ResQ service.

 

The user may use the ResQ service with a phone, tablet, computer or other device suitable for using the service. The user must also have a functional Internet connection. ResQ shall not take responsibility for the functionality, suitability or costs of devices or the Internet connection.


3. Ordering and order confirmation

A user places a binding order for the portion of food presented by the partner in the ResQ service under the terms and price presented to the user along with the order in the ResQ service. The order forms a binding agreement between the user and the partner about the user purchasing the portion of food in the ResQ service, and the user may not terminate, change or cancel the order or agreement after it has been placed through the ResQ service. Limitations to the right of cancellation related to the portions of food sold through the ResQ service are based on the quickly spoiling nature of food products.

 

However, the partner has a right to cancel the order for compelling reasons, such as a medical emergency. In such a case, the user shall be informed of the cancellation and the payment refunded to the user. Apart from the refund of payment, the user is not entitled to any other reimbursement or compensation.

 

When an order is placed, the ResQ service shall store and process the user’s personal information that is needed for processing the order. This personal information includes, but is not limited to, the user’s first and last name, phone number and e-mail address. After placing the order, ResQ shall relay the user’s first and last name, phone number and ordering information to the partner for processing and delivering the order, and the ResQ service shall send an order confirmation to the user on behalf of the partner through the service’s interface and a receipt for the order to the user’s e-mail. The user accepts the use of their personal information in the aforementioned fashion and in ways specified in the register description that follows these terms of use.


4. Order price and payment

The user has a responsibility to pay for the portion of food they ordered the price specified in the order as well as a possible payment fee specified after choosing a method of payment when confirming the order. Payment liability becomes effective when the user places an order. The user shall pay for the portion of food through the ResQ service. Payment must be made using the methods of payment available at the ResQ service. The ResQ service shall automatically charge the price of the order on behalf of the partner on the method of payment selected by the user at the time of placing the order. The ResQ service may also make a cover reservation for the user’s aforementioned method of payment at the time of placing the order. The ResQ service may use a payment service provided by a third party.


5. ResQ service credits

The user may buy ResQ credits in the ResQ service in the form of currently available packages. ResQ credits may only be used as a method of payment in the ResQ service. One ResQ credit equals one unit of the respective country’s currency, when ResQ credits are used as a method of payment in the ResQ service. ResQ may sell ResQ credits in packages, so that the value to which ResQ credits can be used for buying portions of food in the ResQ service is higher than the price paid by the user for the ResQ credits. Information about the currently available packages is available in the ResQ service.

 

ResQ has a right, but no responsibility, to refund the price paid by the user for the ResQ credits to the extent that the ResQ credits were not used for making purchases through the ResQ service. The user should note that in a reimbursement situation, ResQ shall not refund a sum equivalent to the value of the ResQ credits, but the sum paid for the returned ResQ credits. Any refunds and reimbursements to the user based on these terms of use or otherwise shall be made to the payment account / payment card that was used for making the payment in the ResQ service.

 

Unused ResQ credits will expire, and shall be removed automatically from the user one year (365 days) after the last purchase made using the same user account through the ResQ service. To preserve ResQ credits purchased earlier, the user may make a new purchase in the ResQ service. If ResQ credits expire in this manner, the user is not entitled to compensation from ResQ.

 

The user is aware that the credit risk of ResQ credits is equivalent to that of gift cards.


6. Picking up the order

The user of the ResQ service must pick up the portions they ordered from the premises indicated by the partner that marketed the portion of food in the ResQ service. The user must pick up their order within the pickup times given by the partner. The user shall be responsible for picking up the portion of food from the partner premises within the specified time. The partner has a right to throw away the portion or sell it to a third party if the user fails to pick up the portion within the time agreed upon, and the user shall not be entitled to a refund of their payment for the portion or any other compensation.


7. Claims and errors in the service; limited liability

ResQ requires from partners participating in the service that the portions of food offered through the service are made in accordance with legislation related to the processing and preservation of food as well as standard industry principles and operating practices. However, through the ResQ service, ResQ only acts as an intermediary for the partners’ food portions using a digital service platform. ResQ is not the seller, provider or manufacturer of the portions of food offered through the ResQ service. Therefore, ResQ shall not be responsible for any faults in the quality, amount or pickup of the portions of food ordered through the ResQ service, or for any other faults or shortcomings, such as incomplete or erroneous information about the portions of food provided by the partner through the ResQ service or other information or terms. Through the ResQ service, partners relay to users information about the products they offer through the ResQ service, their prices and any other terms, such as pickup times. Such information is provided by the partners, and ResQ shall not be responsible for any errors, misleading information or inadequacies. The responsibility for the aforementioned errors and neglect in relation to the user shall rest solely with the partner. ResQ shall also not be responsible to the user for guaranteeing that the partner otherwise fulfills its obligations, to the user or otherwise.

 

The partner that provides the portion of food shall be responsible for all claims about the portions made by users. However, the user may send their claims related to partners to ResQ, who shall redirect them to the partner, after which the issue shall be settled between the partner and the user.

 

A user who believes that the actions of the partner or ResQ have been erroneous must submit their claim without delay and in such a way that the errors have been clearly individualized.

 

ResQ’s liability in relation to the user is limited to the sum of the order the liability is based on. ResQ shall not be responsible for indirect damages, such as lost income or savings, loss of files or data or the costs of recreating data or files.

 

If the user discovers a technical or other error in the ResQ service, they may send a notification of it by e-mail: info@resq-club.com. The aforementioned address may also be contacted for claims.


8. Responsibility for using the service and service abuse

Using the ResQ service requires the user to have registered as a user of the ResQ service in accordance with the instructions given in the ResQ service. The user account created in this process shall be personal, and one user may only have one user account. The user does not have the right to create a user account using another person’s identifying information or incorrect information. By registering as a user as a legal person, you assert that you have been authorized to represent said legal person both for the registration and each order.

 

The user has a responsibility to store their user ID and password for the ResQ service carefully and not submit or disclose them to third parties. The user is also not allowed to use or attempt to use another person’s user ID, password or method of payment in the ResQ service. The user shall be responsible for all use of the ResQ service using their user ID and password. The user pledges to inform ResQ without delay of their password getting disclosed to a third party, or of any suspected abuse of their user ID or password. The user’s responsibility for the use of the ResQ service using their user ID and password shall end after ResQ has confirmed receipt of the user’s notification (an automatic reply does not count as such a confirmation, however). At ResQ’s written request (delivered by e-mail to the address provided to the ResQ service by the user), the user shall have a responsibility to change the password required for using the ResQ service, if it is necessary due to a serious information security threat targeted at the ResQ service.

 

The user must use the ResQ service in a way that does not cause disruptions for other users of the service or the partners offering portions of food through the ResQ service. While using the ResQ service, the user must abide by current applicable legislation and other regulations. ResQ has a right to immediately remove a user from the service who abuses or attempts to abuse the service, or to reject orders made by such a user. The aforementioned also applies to situations where ResQ has reasonable grounds to doubt the authenticity or validity of a placed order.


9. Updating and changing the terms of use; cancellation of service; validity

These terms of use, with their current content, shall be valid as long as the user continues to use the ResQ service. The user has a right to stop using the ResQ service at any time.

 

ResQ has a right to update and change these ResQ service terms of use. ResQ shall inform users of updates and changes in terms of use in the ResQ service, or by e-mail to the address provided by the user for the ResQ service. If the user does not agree with the updated or changed terms of use, the user must refrain from using the ResQ service.

 

The ResQ service is under constant development. Therefore, ResQ has a right to develop and modify the ResQ service and to add and remove features. In these terms of use, the term “ResQ service” refers to its currently valid version.

 

ResQ has a right to permanently or temporarily cancel the ResQ service, its production and maintenance at any time. ResQ shall make no commitments to the availability of the ResQ service.


10. Intellectual property rights

ResQ and/or its license granters hold exclusive intellectual property rights to the ResQ service, its contents and their components. The user shall not be granted any intellectual property rights to the ResQ service, its contents or their components. Therefore, the user does not have a right to, for example, modify, compile, copy or create derivative works of the ResQ service, its contents or their components, or to transfer them or in any way attempt to gain possession of the source code of the ResQ service or its components.


11. Transferability

ResQ has a right to fully or partially transfer its rights and responsibilities based on these terms of use without the user’s consent. The user does not have a right to transfer their rights and responsibilities arising out of these terms of use fully or in part.


12. Governing law and disputes

These terms of use are governed by the law of Finland, with the exception of those statutes related to conflict of law that would result in the application of the law of a country other than Finland. These terms of use shall be interpreted in accordance with the law of Finland.

 

If the user has a domicile within the European Union, these terms of use are invalid to the extent to which they restrict the user’s rights as they have been defined in the compulsory consumer protection legislation of the user’s domicile.

 

Disputes arising out of these terms of use and the use of the ResQ service shall be resolved primarily at the Helsinki District Court. A user in a consumer position with a domicile within the European Union may, however, file a claim against ResQ and act as a defendant also in the local district court within whose jurisdiction the user in a consumer position has a domicile or permanent place of residence.

 

Users in a consumer position may also use the web-based dispute resolution service provided by the European Commission to resolve disputes arising out of these terms of use and the use of the ResQ service. The service is available at http://ec.europa.eu/odr. A Finnish user in a consumer position also has a right to take disputes arising out of these terms of use and the use of the ResQ service to the Consumer Disputes Board (www.kuluttajariita.fi) for resolution. The resolutions of the Consumer Disputes Board are considered recommendations. Before taking the issue to the Consumer Disputes Board, the consumer must first contact the Consumer Advisory Services of the local register office (www.kuluttajaneuvonta.fi).

 

If the user is dissatisfied with the ResQ service for any reason, they are advised to first contact the ResQ customer service either in the ResQ service chat or by e-mail at info@resq-club.com.

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