Terms & Conditions
EFG (EXPRESS FOOD GROUP) CO., LTD BUILT THE HUNGRYAPP APP AS A COMMERCIAL APP. THIS SERVICE IS PROVIDED BY EFG (EXPRESS FOOD GROUP) CO., LTD AND IS INTENDED FOR USE AS IS.
TERMS OF USE
These terms of use (including all other terms, policies, notices, guidelines, and forms referenced herein or otherwise available on the Platform or by hyperlink) (“Terms”) govern your use of the websites and mobile applications provided by EFG (Express Food Group) CO., LTD. (or referred to as “HungryApp”, “we” or “our” or “us”) (collectively the “Platform”). The “Services” we provide or make available include (a) the Platform, and (b) the services provided by the Platform and/or by HungryApp and made available through the Platform. Any new features added to the Services are also subject to these Terms. These Terms govern your use of Services provided by HungryApp.
Please read these Terms carefully. By accessing and using the Platform, you agree that you have read, understood and accepted the Terms and consent to the processing of your personal data in accordance with the terms set out in the Privacy Policy. If you do not agree with the Terms, please do not access or use the Platform, or the Services.
The Platform may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.
Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platform and/or purchase of Goods (as defined below). If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platform immediately.
Hungry App reserves the right to change or modify these Terms (including any additional terms and conditions or policies, which are published on the Platform and incorporated into these Terms) at any time. It is your responsibility to review the Terms regularly and you are strongly recommended to do so. You will be deemed to have agreed to the amended Terms (whether or not reviewed by you) by your continued use of the Platform following the date on which the amended Terms are posted.
All photos and images of the Goods shown on the Platform are also for illustrative purposes only and may differ from the actual Goods.
You will need to register for a HungryApp account for you to use the Platform. When you register for a Hungry App account we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password.
To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card details. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your Hungry App account are your sole responsibility.
HungryApp shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information.
If you wish to delete your HungryApp account, please send us an email requesting the same. We may restrict, suspend or terminate your Hungry App account and/or use of the Platform, if we reasonably believe that:
- someone other than you is using your HungryApp account;
- where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platform; or
- you are unable to satisfy the results of the Background Checks on an ongoing basis.
Intellectual Property
All trademarks, logos, images, and service marks, including these Terms as displayed on the Platform or in our marketing material, whether registered or unregistered, are the intellectual property of HungryApp and/or third parties who have authorized us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of the Trademarks on any other website not approved by us is strictly prohibited. Hungry App will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Hungry App neither warrants nor represents that your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with HungryApp. Use of any materials on the Platform is at your own risk.
Orders
When you place an Order with HungryApp, HungryApp will confirm your Order by sending you a confirmation notification containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g. VAT etc.).
Minimum Order Value - Some of our Items require a minimum order value (“MOV”) before an Order can be placed and delivered to you.
Special Instructions – HungryApp (as the case may be) reasonably endeavor to comply with your special instructions for an Order. However, in some cases where this is not feasible, possible or commercially reasonable, Hungry App reserves the right to proceed to prepare the Order in accordance with standard operating procedures. Hungry App shall not be responsible to replace or refund an Order which does not conform to special instructions provided by you.
Allergens – HungryApp is not obligated to provide ingredient information or allergen information on the Platform. Further, HungryApp does not guarantee that the Goods sold are free of allergens, unless otherwise required by applicable laws. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Hungry App before placing an Order on our Platform.
Please note that your Order may be subject to additional terms and conditions.
Prior to placing the Order
You are required to provide the delivery address in order for the Platform to display the Restaurant and Stores available in your delivery area.
Once you select a Restaurant or Store, you will be taken to that Store’s menu page for you to select and add your Goods to the cart.
We reserve the right to refuse or cancel your Order at any time for any reason. If we cancels an order after payment, we will refund it.
Placing the Order
To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “PLACE ORDER”. An Order is successfully placed when you receive a confirmation containing your Order receipt from us.
Canceling an Order
Please access the Help or Contact Us feature on the Platform if you wish to cancel your Order after it has been placed. You have the right to cancel your Order provided a Store/Restaurant has not yet accepted your Order.
Refunds
(i) Online Payment Orders
You have the right to a refund for a canceled Order only if a Store or Restaurant has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Restaurant or Store, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your canceled Order.
(ii) Cash-on-Delivery Orders
You have the right to cancel your Order only if a Store or Restaurant has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that you shall forfeit the delivery of your canceled Order and cash-on-delivery may be removed from your list of available payment methods for your future orders.
Hungry App reserves the right to cancel any Order and/or suspend, deactivate or terminate your Hungry App account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your HungryApp account and/or with your Order.
We may require you to provide additional information or supporting documents prior to processing any refund, including picture proof of physical receipts for Pick-Up Orders. We may, in our sole discretion, refuse to process any refund if you fail to provide such additional information or supporting documents.
If you have not received a refund, you may wish to check your bank account again or contact your credit card company or bank as it may take some time for your refund to be posted. If you have done all of this and you still have not received your refund, please contact customer support.
HungryApp reserves the right to cancel any Order and/or suspend, deactivate or terminate your Hungry App account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your Hungry App account and/or with your Order.
Prices and Payments
Prices quoted on the Platform shall be displayed in the country’s national currency as Khmer Riel or applicable currency used in the country and subject to applicable tax. You accept that prices and offers on the Platform may vary from the prices and offers offered by Stores or Restaurants elsewhere (including their own websites, mobile applications, or at their brick-and-mortar outlets).
Delivery and Pick Up
Delivery Areas
You understand that our Restaurants or Stores offer their Goods in specific delivery areas and our Restaurants or Stores vary from delivery area to delivery area. By entering your delivery address on the Platform, you will see the Restaurants or Stores that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure
Delivery Time
HungryApp shall deliver your Order to the delivery address provided by you. You may choose for your Order to be delivered “ASAP” or scheduled for a specific time. An estimated delivery time will be provided to you in your confirmation but delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on ‘My Orders’ on the Platform. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed.
Unsuccessful or Failed Deliveries
Without prejudice to any other clauses in these Terms, in cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:
- no one was present or available to receive the Order;
- customer was uncontactable despite attempts to reach the customer via the phone number provided;
- lack of appropriate or sufficient access to deliver the Order successfully;
- lack of a suitable or secure location to leave the Order; or
- in the case of Restricted Goods, customer did not meet the statutory age requirements or delivery did not deem it safe or appropriate for the customer to receive the Restricted Goods,
We will contact you via, among others, call or message, or email, to inform the unsuccessful delivery and next steps. In such cases, Hungry App reserves the right to cancel the Order without refund or remedy to you.
No-show Cancellations
If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, Hungry App reserves the right to cancel the Order without refund or remedy to you.
Wrong Order, Missing Items, Defective Goods
Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please immediately contact customer support. In some cases, Hungry App may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.
Pick-Up
Where available, you will have the option of collecting your Order in-person directly from the Restaurant or Store’s premises instead of having the Order delivered to you. Your confirmation will indicate the time for you to Pick-Up the Order (“Collection Time”). The Restaurant or Store will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The Restaurant or Stores agrees to hold the Order for you at their premises for no more than a reasonable period of twenty (20) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the Order to you if you fail to Pick-Up your Order within the Holding Time.
In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement, refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and/or defects to the Vendor before leaving the Restaurant or Store’s premises.
Vouchers, Discounts and Promotions
From time to time, Hungry App may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platform (“Vouchers”). Vouchers are subject to validity periods, redemption periods, use restrictions, limits and/or other availability.
Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions (including vendor-specific terms) may apply to Vouchers.
Unless otherwise stated, Vouchers can only be used on our Platform.
Vouchers are non-transferable, non-exchangeable, non-refundable and cannot be exchanged for cash.
Hungry App may withdraw, amend and/or alter any applicable terms and conditions of the Vouchers at any time without prior notice. Hungry App further reserves the right to void, discontinue or reject the use of any Voucher without prior notice.
HungryApp may at its sole and absolute discretion forfeit, exclude, disqualify or refuse you or certain Vendors from the use of Vouchers at any time without prior notice.
Personal Data (Personal Information) Protection
You agree and consent to HungryApp and any of its affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy.
Termination
Hungry App has the right to terminate, suspend or delete your account and your access to or use of the Platform, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if HungryApp in its sole discretion:
- considers your use to be unacceptable;
- is not satisfied with the results of the Background Checks, conducted on an ongoing basis; or
- suspects or discovers you to have been involved in any activity or conduct that is in breach of any of the Terms.
Hungry App may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Platform.
Amendments
HungryApp may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the country / courts of jurisdiction in which the relevant Hungry App entity is incorporated as set out in the table below. The following courts specified together with the relevant HungryApp entity will have jurisdiction over any dispute or claim arising out of or in connection with these Terms and the use of the Platform:
Courts of the Kingdom of Cambodia
Courts of the Lao People’s Democratic Republic
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the Platform and Services. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.