TERMS OF SERVICE
Effective date 01.11.2023
These terms of service (the “Terms”) govern your access and use of OPA websites and mobile applications Android and IOS (the “Sites”) owned by RHG LLC.
Any references to “you” and “your” refer to you, as a user of the sites. References to “we”, “us” and “our” refer to RHG LLC.
- Binding Agreement
By accessing or using our sites (“Services”), you are agreeing to these Terms and entering into a legally binding contract with RHG LLC. It is important that you read carefully and understand the Terms. We may modify the Terms at any time without prior notice. Your use of the Services after we post modifications to the Terms means that you accept them.
A person must be 14 years or older to use the Services. As the legal guardian who accepts the Terms, you agree to be responsible for the use of the Services by your minor children, including any purchases made by them using the Services, whether or not you authorized or had advance knowledge of those purchases.
These Terms and all other legal notices, statements or terms and conditions posted or made available to you on the Services constitute the entire agreement between RHG and you. In the event any provision of these Terms is held unenforceable, it will not affect the enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
- Registration and security
When you register or provide any other information in connection with the Services offered on our sites, you agree to provide accurate, current, and complete information and to promptly update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of any password and username that you are given or select, and you are responsible for all activities that occur under your password or account.
We may send notifications regarding products, services, discounts, promotions and campaigns by SMS, email or push notifications in order to improve the quality of services and satisfaction of its members.
You may not use our sites to take any action that could harm us or third parties. While using the Service, you agree not to:
- give any false information with the intention to impersonate someone or with the intention to confuse us;
- try to collect and store any information about other users;
- try to collect and hand over to third parties any information about other users;
- attempt to gain unauthorized access to any part of the Service;
- interfere with or disrupt the integrity or performance of the Service;
- take any action that imposes an unreasonable load on our network or infrastructure;
- use any device, software, or program to interfere with the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network;
- violate any applicable laws or regulations.
- Menu Items and Allergens
We make every effort to provide accurate descriptions and prices for our menu items. Images of products and packaging on the online services are examples only and may not be identical to the product or packaging you receive. However, menu items and availability may vary by location and are subject to change without notice. We have the right and are entitled to change prices and products for sale at any time without having to make any prior notice.
We do not hold liability if you are allergic to one of our menu items. We do not guarantee that any item is free of specific allergens. It is your responsibility to inform us of any allergies or dietary restrictions when placing an order.
- Ordering and Payments
(a) Orders: You may place orders for fast food items through our Service. By placing an order, you agree to pay the specified amount and any applicable taxes and fees. We reserve the right to refuse or cancel orders in our sole discretion. Once you confirm your order, you cannot cancel it.
(b) Payment: We may use third-party payment processors to facilitate payments. You agree to provide accurate payment information and authorize us to charge your selected payment method for all orders and fees. You must pay the price of the service, which has already been notified when sending the order otherwise the order cannot be delivered.
(c) Delivery: We offer delivery services to eligible locations. Delivery times may vary depending on your location and order volume. We do our best to meet estimated delivery times but cannot guarantee specific delivery times. Delivery fees, if applicable, will be clearly displayed during the ordering process. If the customer is not found at the address shown on the order, meals will not be delivered to another address. The user is then obliged to assume the legal responsibilities that may arise for placing an order, which will be delivered to the address in which he / she is not there to receive.
- Third Party Websites
- Intellectual property
All content, trademarks, logos, and intellectual property is owned by or licensed to us. This material includes, but is not limited to, the design, layout, logos, graphics etc.
Unless expressly permitted by an authorized person in writing, you may not copy, distribute, reproduce, publish, create derivative works from, or in any way use the material that is part of our intellectual property.
Violation of the above requirement may result in infringement of copyright, trademark or other intellectual property rights for which you may be exposed to civil and/or criminal penalties.
- Governing law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Albania.
You agree to indemnify and hold RHG, its affiliates, partners, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from:
(a) Your use of the Service;
(b) Your violation of these Terms;
(c) Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or any other applicable laws or regulations;
(d) Any content you submit or share through the Service; or
(e) Any injury, loss, or damage caused to any third party as a result of your use of the Service, including but not limited to any issues related to the quality or safety of the food products ordered through the Service.
This indemnification obligation will survive the termination of these Terms and your use of the Service.
- Limitation of Liability
To the fullest extent permitted by applicable law, RHG, its affiliates, partners, directors, employees and agents shall not be liable for any direct or indirect lost profits or lost business damage, special, indirect, consequential, exemplary or incidental damages, including lost data, personal injury or property damage related to or arising out of the online services, arising out of or relating to your use of the service.
In no event shall RHG’s total liability to you for all damages, losses, exceed the amount paid by you, if any, for accessing or using the service during the twelve months immediately preceding the date of the claim.
RHG has no responsibility for its failure to perform any of its obligations under these terms caused by or related to any event beyond RHG’s reasonable control. If such an event occurs’ RHG’s obligations under these terms will be suspended for the duration of the event; and RHG may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.
- Suspension of the online system
We may temporarily suspend or completely stop the operation of the system at any time. We shall not be responsible for giving any prior notice to members or third parties of the temporary suspension or complete suspension of the system and shall have no liability in this matter.
- Dispute resolution
If any issue or problem cannot be resolved amicably through customer support, then the dispute is mandatory to be tried to be resolved through mediation, taking in consideration the specifics of Law No.10 385, date 24.2.2011, “On Mediation in the Resolution of Disputes”. The user cannot go to Court without trying Mediation first.
The user gives a written notice of the dispute, specifying its nature and full details, adding the necessary supporting documents. The user must then sign an agreement that is prepared by us, on the conditions of the mediation, according to the Law “On Mediation in the Resolution of Disputes”:
- a) the identities of the parties to this agreement and their representatives;
- b) description of the object of the dispute;
- c) acceptance of the principles of mediation, according to this law and of the designated mediator;
- d) place of mediation;
- e) mediation expenses and mediator’s remuneration.
In the event that the agreement is not accepted, then the resolution of the dispute through mediation becomes unfeasible.
After attempts at resolving the dispute through mediation, if a solution cannot be reached, the competent authority is the Court of General Jurisdiction of Tirana.
We may restrict, suspend or terminate your access to the Service at our sole discretion, without prior notice, for any reason, including if you violate these Terms.
Otherwise applicable sections of these Terms shall survive termination.
- Contact us
Please direct any questions or concerns regarding these Terms, to our e-mail email@example.com or phone number +355 68 201 8650 .