Terms of Use — Clients

1. Purpose

These Terms of Use govern access to and use of the AllWays Eat Service by clients (the “Clients” or “You”). They constitute a contract between the Client and the publisher (see Legal Notice). Using the Service constitutes full acceptance of these Terms.

2. Definitions

• Service: the AllWays Eat platform (website and apps) connecting Clients with Partner Restaurants.
• Partner Restaurant: a catering establishment registered and approved on the Service.
• Order: a request to purchase dishes placed by the Client with a Partner Restaurant via the Service.
• Publisher: the operator of the Service (see Legal Notice).

3. Role of AllWays Eat — technical intermediary

AllWays Eat acts exclusively as a technical intermediary (marketplace) connecting Clients with Partner Restaurants. The sale contract for the dishes is concluded directly between the Client and the Partner Restaurant. AllWays Eat is neither the producer, seller nor distributor of the dishes.

AllWays Eat neither collects nor holds any sum in respect of Orders: payment is made directly to the Partner Restaurant (see article 7). AllWays Eat therefore does not act as a payment institution or an electronic-money issuer.

4. Client account

Creating an account requires a valid phone number, verified by a one-time code (OTP). The Client warrants the accuracy of the information provided and keeps their account access confidential. Any action carried out through the account is deemed performed by the Client. The Service is reserved for persons who are of legal age (18) or have the legal capacity to contract.

5. Description of the Service

The Service allows you to: browse Partner Restaurants and their daily menus, place an Order for delivery or pickup, track the Order’s status, and leave a review. Dish availability depends on the daily stock reported by the Restaurant.

6. Placing an Order (electronic contract)

In accordance with the law on electronic commerce, the Client selects their dishes, reviews the details and total price (summary), then confirms the Order. This confirmation constitutes a purchase commitment. The contract is formed when the Restaurant accepts the Order; failing acceptance, the Order may be declined and no commitment is deemed formed.

7. Prices and payment

• Prices are expressed in CFA francs (XAF), inclusive of any applicable taxes, and set by the Partner Restaurants.
• Delivery fees may apply, shown before confirmation, depending on the delivery zone.
• Payment is made on delivery or at pickup, in cash or by Mobile Money (MTN MoMo, Orange Money), directly to the Partner Restaurant or its courier. AllWays Eat receives no payment in respect of Orders.

8. Delivery and pickup

Displayed times are estimates and depend on the Restaurant and the zone. Delivery is only possible within the delivery zones served by the Restaurant. For pickup, the Client undertakes to collect their Order within the stated time; failing that, it may be cancelled.

9. Right of withdrawal

In accordance with the rules applicable to distance selling, the right of withdrawal does not apply to perishable goods or goods liable to deteriorate rapidly, which is the case for prepared food. A confirmed and accepted Order is therefore firm and final, subject to article 10.

10. Cancellation

The Client may cancel an Order as long as it has not been accepted by the Restaurant. After acceptance, cancellation is subject to the Partner Restaurant’s conditions. Repeated cancellations or no-shows at pickup/delivery may result in restricted access to the Service (see article 11).

11. Client conduct and sanctions

The Client shall refrain from any fraudulent, abusive or unlawful use. In the event of repeated no-shows, fake Orders, non-payment or abusive behaviour, the Publisher may suspend or close the account (restriction list), without prejudice to any remedy.

12. Reviews and content

Published reviews must be fair, sincere and non-defamatory. The Publisher may remove any unlawful or manifestly abusive content.

13. Liability

• The Partner Restaurant is solely responsible for the preparation, quality, composition, allergens and food safety of the dishes, as well as for compliance with hygiene rules and applicable regulations.
• AllWays Eat is bound by an obligation of means regarding the availability and proper functioning of the Service. It cannot be held liable for the acts of Partner Restaurants, dish unavailability, delays, or events of force majeure (article 15).
• AllWays Eat does not guarantee the absence of interruptions or errors and may suspend access for maintenance.

14. Personal data

The processing of the Client’s data is described in the Privacy Policy, which forms an integral part of these Terms.

15. Force majeure

Neither party is liable for a failure resulting from an event of force majeure (within the meaning of Cameroonian / OHADA law): notably network/power outages, unrest, bad weather, administrative decisions.

16. Amendments to the Terms

The Publisher may amend these Terms at any time. The applicable version is the one in force at the time the Service is used. Material changes are subject to appropriate notice.

17. Governing law and disputes

These Terms are governed by Cameroonian law and, where applicable, by OHADA law. In the event of a dispute, the parties shall seek an amicable solution (mediation). Failing that, jurisdiction is conferred on the competent courts of Yaoundé, subject to the mandatory rules protecting consumers.

18. Miscellaneous

The nullity of one clause does not affect the validity of the others. Failure to rely on a provision does not constitute a waiver.

19. Contact

contact@allwayseat.com — +237 697 497 205.