version: 04-01-2024
These terms and conditions are entered into by and between you and Clinkm S.à r.l., a Luxembourg law company having its registered office at 29 Boulevard Charlotte, L-1331 Luxembourg ("Company," "Clinkm", "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms & Conditions"), govern the provision of an online orders and payment platform by us to you (the "Services") and your access to and use of `https://clinkm.com`, including any content, functionality, and services offered on or through `https://clinkm.com` (the "Website"), whether as a guest or a registered user. By accessing to this Website, you can order food and / or beverages from a selected restaurant and make the relevant payment to the selected restaurant. The order itself is subject to a separate agreement between the restaurant and you (see below), and Clinkm merely provides the order and payment platform to serve that agreement. Please read the Terms & Conditions carefully before you start to use the Services. By using the Website or by clicking to accept or agree to the Terms & Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms & Conditions and our Privacy Policy, found at Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms & Conditions or the Privacy Policy, you must not access the Website or otherwise use the Services. If you are less than 16 years old, you are not allowed by law to order alcoholic beverages through or on this platform, in accordance with the Luxembourg law of 22 December 2006 relating to the prohibition of sale of alcoholic beverages to minors of less than 16 years old. By using this Website and ordering alcoholic beverages, you represent and warrant that you meet the legal requirements to order alcoholic beverages on this platform. When you are ordering from a restaurant, you are entering into a contract directly with that restaurant for the delivery of the order. Clinkm cannot be held liable if you do not meet the age requirements to order alcoholic beverages from a restaurant, nor for any other nonconformity of the goods or services delivered by the restaurant to you. Clinkm solely provides an online ordering and payment platform. By using the Services and this Website, you represent and warrant that you are of legal age to form a binding contract with the restaurant owners to purchase the ordered products. Clinkm cannot be held liable if you do not satisfy requirements to form a binding contract with the restaurant owners.
We may revise and update these Terms & Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and the Services thereafter. Your continued use of the Website and of the Services following the posting of revised Terms & Conditions means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend this Website, the Services, and any other service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website and Services is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website and Services, or the entire Website and all Services. You are responsible for both:
To access the Website, the Services, or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and the Services that all the information you provide on the Website or Services is correct, current, and complete. You agree that all information you provide to register with this Website and the Services, or otherwise, including, but not limited to, through the use of any interactive features on the Website or Services, is governed by our Privacy Policy Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website, the Services, or portions of them using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & Conditions.
When you are ordering food and / or beverages on our on-line platform, you are entering into a purchase agreement directly with the selected restaurant(s). We cannot guarantee that the items that you have purchased from a restaurant correspond to the ones that were displayed on the catalogue, nor the quality of the food and beverages that have been ordered. Clinkm merely offers an ordering and payment service aimed at facilitating the making, processing, and performing of an agreement between you and the restaurant.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Luxembourg and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms & Conditions permit you to use the Website and the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms & Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark, and other laws.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms & Conditions. You agree not to use the Website: · In any way that violates any applicable national, European or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Luxembourg or other countries). · For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. · To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation. · To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing). · To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability. Additionally, you agree not to: · Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website. · Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. · Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms & Conditions, without our prior written consent. · Use any device, software, or routine that interferes with the proper working of the Website. · Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. · Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. · Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. · Otherwise attempt to interfere with the proper working of the Website.
We have the right to: · Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. · Terminate or suspend your access to all or part of the Website for any violation of these Terms & Conditions. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. However, we do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The restaurant owner is selecting the menus presented on or through the Website or Services as made available to you. The restaurant owner is solely responsible for the accuracy or completeness of this information. Clinkm cannot be held liable for the accuracy or completeness of such information and for any reliance placed on such materials by you or any other visitor to the Website, user of the Services, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this Website is subject to our Privacy Policy Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
When placing an order for the purchase of food and / or beverages on our platform, you are purchasing such food and / or beverages directly from the selected restaurant(s) and not from Clinkm. Clinkm’s role is limited to providing an ordering and payment platform to facilitate the making of such orders based on the menus as made available by the restaurant owners. As a neutral platform not involved in the editorial content published by its restaurant users, Clinkm has no editorial responsibility for the content published by restaurant-owners.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. This Website may provide certain social media features that enable you to: · Link from your own or certain third-party websites to certain content on this Website. · Send emails or other communications with certain content, or links to certain content, on this Website. · Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: · Establish a link from any website that is not owned by you. · Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking. · Link to any part of the Website other than the homepage. · Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms & Conditions. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Clinkm relies on an independent third-party provider, Stripe, Inc., for payment processing and which is responsible to comply with regulatory obligations and industry standards such as but not limited to Payment Card Industry Data Security Standard for the processing of such payments. Save for gross negligence or willful misconduct, Clinkm can only be held liable for any losses or damages arising out of the credit card payment transactions which have been processed by Stripe, Inc. up to the amount of the fees paid by you within seven days preceding such incident or up to an amount of EUR100, whichever amount is higher. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the Grand Duchy of Luxembourg. We provide this Website and the Services for use only by persons located in the Grand Duchy of Luxembourg. We make no claims that the Website, the Services, or any of their content is accessible or appropriate outside of the Grand Duchy of Luxembourg. Access to the Website and Services may not be legal by certain persons or in certain countries. If you access the Website or Services from outside the Grand Duchy of Luxembourg, you do so on your own initiative and are responsible for compliance with local laws.
Clinkm is providing an online platform to facilitate the ordering of food and / or beverages and is not in any way involved in the selection of products made by restaurant owners, nor in any other stage of the formation, performance, or termination of the agreement between you and the restaurant owners. As such, Clinkm cannot be held liable for any type of losses or damages due to the failure of the products to comply with expected quality or with the descriptions made on the menus, which are not the subject matter of the Services or these Terms & Conditions. Clinkm is responsible for providing an online platform to facilitate the payment made for the purchase of food and / or beverages and is responsible for implementing sufficient robust technical standards to ensure that the Website is free of any viruses. In the unlikely circumstance where the Website has been hacked, Clinkm will indemnify you up to the amount of the fees paid by you within seven days preceding such incident or up to an amount of EUR100, whichever amount is higher. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
Save for gross negligence or willful misconduct, Clinkm shall not be held liable for any damages (whether direct or indirect) arising out of your use of this Website or the Services. It being understood that Clinkm is only acting as a platform facilitating the orders of the purchased products from the selected restaurants and not as the seller of such products. This limitation of liability does not apply to damages causing death or bodily injuries due to your use of this Website or the Services. In case of willful misconduct (dol) of Clinkm, it shall only be liable for damages caused directly by such willful misconduct.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation amounting to gross negligence of these Terms & Conditions or your use of the Website, including, but not limited to any use of the Website's content, services, and products other than as expressly authorized in these Terms & Conditions, or your use of any information obtained from the Website.
All matters relating to the Website and these Terms & Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with Luxembourg law and be subject to the exclusive jurisdiction of the courts of Luxembourg City, Grand Duchy of Luxembourg.
If you have any complaints with respect to the use of this Website or the Services, please notify this to the Company as soon as possible at the contact details stated under Your Comments and Concerns section, and in any event no later than 6 months after the cause for such complaint arose. Any complaints or concerns regarding the formation, performance, or termination of the agreement between you and the restaurant owners or between you and the third-party service providers shall be addressed directly to such third parties and is subject to the applicable statutory limitation periods.
No waiver by the Company of any term or condition set out in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.
The Terms & Conditions and our Privacy Policy constitute the sole and entire agreement between you and Clinkm S. à r.l. regarding the Website and the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and the Services.
This website is operated by Clinkm S. à r.l., having its registered office at 29 Boulevard Charlotte, L-1331 Luxembourg. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@clinkm.com.