TERMS AND CONDITIONS

1. WHOEAT TERMS OF USE

1.1. The services that WHOEAT Ltd provides to User is subject to the following the terms and conditions (“Web Terms") on which we, WhoEat Ltd (“we" or “WHOEAT"), provide our services through our web www.WhoEat.hk and any WHOEAT mobile application through which you access our web or services (together, “Web"). Please read these Web Terms carefully before ordering any products through, the Web, as your purchase of any products offered on the Web is subject to these Web Terms. By ordering products via the Web (whether now or in the future), you agree to be bound by these Web Terms. Use of the Web is also subject to these Web Terms.
1.2. We reserve the right to change these terms and conditions at any time without notice and you agree to be bound by such changes. Those changes shall be posted on the web. These Web Terms are only in the English language.
1.3. By accessing any part of the Web, you indicate that you accept these Web Terms. If you do not accept these Web Terms, you should leave the Web immediately, and you will not be able to order any products through the Web.

2. INTRODUCTION

2.1. WHOEAT is a company registered in Hong Kong Special Administrative Region with registered company number 65711137, whose registered office is at 26AA, Luk Mei Tsuen, Sai Kung, N.T.
2.2. We provide a way for you to communicate your orders (“Orders") for products (“Products") to delivery or takeaway restaurants (“Restaurants") displayed on the Web (the"Service").

3. ORDERING

3.1. To use our service you must be over 18 years of age.
3.2. Furthermore, you acknowledge and agree that:
3.2.1. Pursuant to the Licensing Act 1964, it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18;
3.2.2. Cigarettes are not for sale to persons under the age of 18; and
3.2.3. Orders containing either alcohol or cigarettes can therefore not be accepted from or on behalf of persons under the age of 18.
3.3. Once you have selected the Products you wish to order from the menu of your chosen Restaurant and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the “proceed", “place order" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will start processing your Order and errors cannot be corrected.
3.4. Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund. If you wish to change or cancel your Order, you may contact our Customer Service team and they will attempt to contact the Restaurant in order to communicate your requests. However, there is no guarantee that we will be able to reach the Restaurant or that the Restaurant will agree to your requests as they may have already started processing your Order.
3.5. Please make sure the email address you provide is correct and your mailbox is in proper working order, as all correspondence regarding your order is sent to this address. Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address, email address and contact telephone number when ordering.

4. PAYMENT

4.1. If you pay by credit or debit card, you may be required to show the card to the driver at the time of delivery as proof of identification and so that they can check that the card conforms with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.

5. REFUND

5.1. Octopus Refund – Upon your refund request is accepted, you will receive a notification via the Octopus App, or you can check the notification message in the App directly within 3-5 days. Customers who pay by Octopus cards can tap the card to collect the refund, while who pay by O! ePay can receive the refund in the O! ePay account directly. If Octopus card users fail to collect the refund within the collection period mentioned in the notification, the refund will be cancelled without further notice.  You have to contact us directly for further arrangement in that case.

6. PRIVACY POLICY

6.1. We are committed to protecting the privacy of all visitors to the Web, including all visitors who access the
Web or Service through any mobile application or other platform or device.
6.2. The information you provide when ordering is preserved in a series of served protected by encryption to
128 bits and a firewall.
6.3. The customers ‘personal data is only used as explained in the terms and conditions. WhoEat.hk does
not sell, give or publish customers’ data to outsiders for commercial purposes. We only disclose your address
to the restaurant from which you placed the order, to make your delivery possible. Exceptions to what are
mentioned above are the requests from a government agency, for example, as part of a police investigation.
6.4. Any changes to our Privacy Policy will be posted to the Web.

7. COOKIES

7.1. WhoEat.hk uses the technique called “Cookies” to increase user comfort. The cookie that uses
WhoEat.hk is a number that allows us to help you faster the next time you order. For instance, your
postcode will be filled in automatically; you can also keep your personal information. Cookies are used to store
the products to your shopping cart, which is a requirement to operate the web. By using cookies no personal
data is transmitted via the internet. It is just a number.

8. INTELLECTUAL PROPERTY

8.1. We welcome you to access information on this Web for your personal, non-commercial use. However you may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from this Web for anything other than personal, non-commercial use. This includes in particular any purpose which publicly re-sells or re-uses the materials, without the prior written consent of the copyright holder.
8.2. All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel" and arrangement of such content, contained on WhoEat.hk is owned, controlled or licensed by or to WhoEat.hk, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. WhoEat.hk and the WHOEAT 外賣仔 logo are trade marks of WHOEAT Ltd.

9. MEMBERSHIP

9.1. By joining and Ordering, members can earn Credit Points to redeem WHOEAT Rewards. You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.

9.2. Members’s passwords should be kept confidential at all times, and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your membership. If you know or suspect that someone has knowledge of your password then you should contact us immediately.

10. RESTAURANT OWNERS / MANGERS

10.1. WHOEAT provides an interactive online version of your menu and an order process that will allow you to sell your food and drinks online. The WHOEAT Order Process is defined by customers using the online version of your menu hosted on the WHOEAT web to generate orders using the WHOEAT shopping cart and delivery of the orders to your restaurant via order terminal, phone, email, fax, SMS or WHOEAT APPS. By listing your menu on the WHOEAT web you agree to make your best endeavours to accept and fulfill the orders sent to you by WHOEAT.

11. WHOEAT REVIEWS POLICY

11.1. When submitting a review you agree that you will not post any material which:

  • includes language that a reasonable person would consider obscene, indecent or offensive
  • a reasonable person would consider to be defamatory, abusive, harassing or hateful
  • contains language that discriminates on the basis of race, religion, age, nationality, gender, sexual preferences etc,
  • invades anyone’s privacy or impersonates anyone
  • is off-topic
  • contains baseless or unproven assertions
  • constitutes spam or unauthorised advertising
  • may place WHOEAT in legal jeopardy, such as potentially libelous or defamatory assertions

11.2. Furthermore you agree that you:

  • have not been solicited in any way to post the review
  • either have no commercial/personal interest or competitive relationship with the restaurant or will declare your relationship or personal interest within the review
  • are posting a genuinely held opinion of the restaurant and the goods and service provided

11.3. WHOEAT reserves the right to edit or remove (without notice) any review which does not comply with our policy.

12. WHOEAT DISCOUNTS & VOUCHERS TERMS & CONDITIONS

12.1. All discounts and vouchers issued by WHOEAT for use on the Web and App.
12.2. Vouchers may only be redeemed towards online Orders from Restaurants made through WhoEat.hk.
12.3. All Vouchers must be applied to a registered WHOEAT online customer account via WhoEat.hk by no later than the expire date.
12.4. Customer use the Voucher that the order value is must more than the Voucher value.
12.5. The Voucher can not be used for delivery fee or card administration fee.
12.6. Voucher and discount only valid for one use. Once discount has been used (whether in an authorised or unauthorised manner), the Voucher will not be use at the same time. Voucher recipients are responsible for ensuring that their Voucher is not used by someone else.
12.7. Promotion Vouchers must be used by the deadline specified on the Promotion Voucher and / or at the time the Promotion Voucher is issued by entering the relevant voucher code, and will expire after such date.
12.8. The right to use a Voucher is personal to the original recipient and may not be transferred. No Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission.
12.9. Vouchers may not be used in conjunction with any other discounts or any promotion discounts provided;
12.10. each Voucher will be valid for use by a recipient only once;
12.11. each customer or household is limited to one Voucher per promotion or offer.
12.12. Vouchers may not be exchanged for cash.
12.13. If the order exceeds the amount of the voucher, the balance must be paid by credit, debit card or PayPal.
12.14. When you use a Voucher you warrant to us that you are the duly authorised recipient of the Voucher and that you are using it in accordance with these terms, lawfully, legally and in good faith. If we believe in our sole discretion that a Voucher is being used in breach of these terms, unlawfully, illegally or in bad faith, we may reject or cancel the Voucher.
12.15. We shall not be liable to any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Voucher or any failure or inability of a customer or household to use a Voucher for any reason.
12.16. We reserve the right, at any time and in its sole discretion, to add to or amend these terms and conditions in relation to the use of Vouchers or to vary or terminate the operation of a Voucher at any time without notice.
12.17. All standard terms and conditions from time to time for use of the Web and the Service apply.

13. WHOEAT CREDIT POINTS AND REWARDS TERMS & CONDITIONS 

13.1. Earn Credit Point to redeem Rewards items
13.2. Credit Points shall be calculated based on using on www.WhoEat.hk below,

  • Sign Up to earn 5000 Credit Points.
  • Ordering Food Spent every HKD$1 to earn 1 Credit Points.
  • Invite Friends to earn 100 (Your Friend Signed Up)+1000 (Your Friend Ordered First meal) Credit Points for each friend.
  • Reviews – Rate your meal to earn 100 Credit Points.
  • Ordering in Birthday month to earn 100 Credit Points for each order.

13.3. Credit Points earned is usually valid for at least one year and for up to two years from the create date and the expiry date will be shown in your WhoEat account.
13.4. The Credit Points shall be invalid after the expiry date.
13.5. Credit Points will not be changed to money.
13.6. Credit Points are not transferable or assignable to others.
13.7. Credit Points is not transferable but you may pool Credit Points earned with various transactions to redeem Rewards items.
13.8. Once a redemption request order has been accepted by us, you are not allowed to change, cancel or seek refund on it or exchange any Rewards items.
13.9. We are not liable to you for any change of Rewards items. You may visit our website for the latest list of participating Rewards items.
13.10. We have the right to change or remove Rewards items available at Rewards Catalogue from time to time without notice. An Rewards item is available only while stocks last.
13.11. You can redeem Rewards items at Rewards Catalogue by returning a duly completed redemption form to us. We will send you a confirmation letter and delivery the item ASAP.
13.12. We have the right to forfeit or cancel any accumulated Credit Points and terminate your WhoEat account,  if in our reasonable opinion, there is fraud or abuse relating to the earning, pooling, redeeming or using of the Credit Points.
13.13. 
All Rewards items are limited in supply and given/redeemable on a first-come first-served basis while stocks last.
13.14. Rewards items’s photographs are for reference only, actual items may vary.

14. PHOTOGRAPHS

14.1. All photographs on this web Do Not represent the actual size and colour of the objects, the real objects should be considered as final and None of photographs to share.

15. THIRD PARTY WEBSITES

15.1. Links to third party websites on the Web are provided solely for your convenience. If you use these links, you leave the Web. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Web, you do so entirely at your own risk.

16. DISCLAIMER AND LIABILITY

16.1. While we try to ensure that information on the Web is correct, we do not promise it is accurate or complete. We may make changes to the material on the Web, or to the Service, Products and prices described on it, at any time without notice. The material on the Web may be out of date, and we make no commitment to update that material.
16.2.  Allergy, dietary and other menu information, We try to accurately copy the item names, photographs, descriptions, prices, special offer information, heat and allergenic warnings and other information (“Menu Information") from the menus that are provided to us by Restaurants. However, it is the Restaurants that are responsible for providing this Menu Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Restaurant directly before ordering.
16.3. The legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with. We have no control over the actions or omissions of any Restaurants. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Web.
16.4. We do not give any undertaking that the Products ordered from any Restaurant through the Web will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
16.5. We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Restaurant rejects your Order. However, we do not guarantee that Restaurants will accept all Orders, and Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.
16.6. Nothing in these Web Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Web Terms affects your statutory rights.

17. GOVERNING LAW AND JURISDICTION

17.1. These Web Terms shall be governed by and construed in accordance with Hong Kong Special Administrative Region law. Disputes or claims arising in connection with these Web Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Hong Kong Special Administrative Region courts.

18. CONTACT

18.1. All comments, queries and requests relating to our use of your information are welcomed and should be addressed to WHOEAT LTD. at 26AA, Luk Mei Tsuen, Sai Kung, N.T. Email at info@whoeat.hk, fax 2705 9770 or by telephone 2719 0404.