Terms of Service for To-Go

1. INTRODUCTION

This mobile application and ordering website ("Service") is provided by To-Go ApS ("To-Go") and allows you to purchase items from selected cafés, restaurants, and other takeaway places ("Restaurant"). These terms of use ("Terms") apply to your use of the Service, including your registration, ordering, and payment through the Service.

1.1 Commercial Agent

When you purchase products through the Service, To-Go acts as a commercial agent on behalf of the Restaurant. To-Go is authorized to enter into purchase agreements on behalf of the Restaurant. Thus, the purchase agreement is concluded directly between you and the Restaurant, and To-Go is not a party to that agreement. To-Go is also authorized to receive payment on behalf of the Restaurant. Your payment obligation is considered fulfilled once payment is made to To-Go.

1.2 Agreement Conclusion

A completed order through the Service constitutes a binding offer to the Restaurant. The agreement is only finalized once the Restaurant accepts the order.

2. PURCHASE CONDITIONS

To use the Service, you must have an internet-connected device. By using the Service, you confirm that you:

• Are of legal age and at least 18 years old.
• Use the Service only for personal use and not for resale.
• Do not violate intellectual property rights or third-party rights.
• Comply with applicable laws, including laws concerning the purchase of alcohol (note: persons under 18 may not purchase alcohol).

The Service may only be used for its intended purpose. You are not permitted to:

• Extract parts of the Service for use in your own systems or services.
• Reverse engineer, modify, copy, or exploit the Service in any unauthorized manner.
• Manipulate transactions or use the Service for illegal or fraudulent activities.

All prices shown through the Service include VAT and applicable taxes.

3. PAYMENT AND DELIVERY CONDITIONS

You must pay using a payment card accepted by the Service. Payment information is stored securely on a PCI-certified server. Upon pickup or delivery of goods, you may be required to present your order number. You are responsible for protecting your information and devices. To-Go encrypts data between the Service and its server but is not liable for misuse resulting from your negligence. Any delivery times stated by the Restaurant are indicative and not binding.

Handling fee: To-Go may charge a small handling fee per order. This will be clearly displayed before you complete your purchase.

4. DURATION AND CHANGES

These Terms remain in effect while you use the Service. Certain provisions, such as liability disclaimers and data protection, continue even after use ends.

Modifying or canceling orders: You can modify or cancel your order through the Service until the Restaurant accepts it.

Order rejection: The Restaurant may reject your order, e.g., if a product is no longer available.

Refunds: For canceled or rejected orders, the reserved amount will be released back to your account. This may take up to 7 days depending on your bank.

5. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights, including trademarks, software, data, and content, belong to To-Go or its licensors. By using the Service, you do not acquire any ownership of such rights. You may not:

• Copy, distribute, or modify any part of the Service.
• Violate third-party rights in connection with your use of the Service.

You agree to indemnify To-Go against any claims resulting from your infringement of intellectual property rights or misuse of the Service.

6. SERVICE ACCESS AND INFORMATION

To-Go endeavors to provide access to the Service at all times but does not guarantee uninterrupted availability. To-Go is not responsible for:

• Temporary outages or disruptions due to maintenance or system failures.
• Errors in information, prices, or descriptions provided by the Restaurant. The Restaurant is responsible for the content it provides.

You are responsible for ensuring a stable internet connection and using a compatible device to access the Service.

7. LIABILITY

To-Go is not responsible for:

• The content or quality of items purchased through the Service.
• Delays, misdeliveries, or errors related to order fulfillment.
• Consequences arising from your use of the Service, except where due to gross negligence by To-Go.

8. DATA PROTECTION

To-Go processes personal data in accordance with applicable data protection laws. See our Privacy Policy for more information.

9. CHANGES TO TERMS

To-Go may update these Terms from time to time. Any changes will be published in the Service, and registered users may be notified by email. If any provision is found invalid, the remaining Terms shall remain in effect.

10. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by Danish law. Disputes must be resolved through the Danish courts unless mandatory consumer protection rules specify otherwise.

11. COMPLAINTS, CANCELLATIONS, AND DISPUTES

Complaints: The Danish Sale of Goods Act applies. If your items are damaged or incorrect, you must file a complaint as soon as possible.

Right of cancellation: You have a 14-day right of cancellation, but this does not apply to perishable goods such as food and drinks.

Complaints procedure: If you are dissatisfied with your order, first contact the Restaurant. If unresolved, you may contact To-Go or file a complaint through one of the following:

• The Danish Consumer Complaints Board (www.forbrug.dk)
• European Commission Online Dispute Resolution (www.ec.europa.eu/consumers/odr)
• The Board of Appeal for Hotel, Restaurant and Tourism (www.hrt-ankenaevn.dk)

12. ACCEPTANCE OF TERMS

By placing an order or creating a user profile with To-Go, you accept these Terms.

If you wish to request a copy of your agreement, please contact To-Go.

Contact information: