April 26, 2022
April 26, 2022
Karma is a sales platform through which you can purchase take away food items from restaurants, cafés and bakeries (to name a few) and order food at restaurants (each food supplier is hereinafter called a “Merchant”). Basically, the Merchant provides the food and we provide a platform where you can purchase the food. You can both save surplus food at a discounted price and purchase regular food items through Karma. As a Merchant you can also offer food for sale through the Karma for Business application. The services are hereinafter referred to as the “Services”.
Please take a moment to familiarize yourself with our privacy practices, accessible via the headings below, and contact us if you have any questions.
2 What personal data do we collect?
What data we collect about you depends on what services you use and what data you choose to share with us. For the purposes described in the following section, we may collect and use the following types of data about you:
Data that you provide to us
Data collected otherwise
3 How and why do we use your personal data?
We may only use your data for informed reasons and where we have a legal basis to do so. The reasons for which we process your data are the following:
Providing the Services – To use the Services, you need to create a user account. We collect your contact information to create and verify your user account and for us to collect payment.
This processing is necessary for your use of the Services and for us to fulfill our contractual obligations in the Terms of Service for Users or Terms of Service for Merchants, as applicable.
Providing customer service – We use contact information and information from contact forms to respond to customer enquiries, diagnose problems in the App or in the Services and provide other customer care and support services.
This processing is necessary to fulfill our contractual obligations in the Terms of Service for Users or Terms of Service for Merchants, as applicable, or if you are not a user of the Services, to serve our legitimate interest to respond to customer queries.
Providing an enhanced user experience – When ordering food, you may choose to filter food offerings based on your food preferences and dietary needs and can opt in to view food offerings near your location. For these purposes we process your food preferences and location data, respectively. You can also choose to activate push notices to receive offerings relevant to you.
We process your personal data for these purposes only if you consent to it. You may at any time recall your consent for sharing food preferences by changing your filter options in the App or on the Website. You may change your data sharing and push notices through the settings on your mobile device.
Sending newsletters – If you are a customer of ours, we use your contact information and information on how you use our Services to send you updates over email about news we think might interest you, such as promotions or information about new service offerings. You may at any time choose to unsubscribe by using the “unsubscribe” instructions provided in each newsletter.
This processing is based on our legitimate interest to update our customers of new features and promote our services.
Improving our Services – We use data that you provide in surveys, data that identifies you and other aggregated data on how you use our Services to retain statistics in order for us to develop and improve our Services.
We process aggregated data (that does not identify you) for these purposes based on our legitimate interest to improve our Website and Apps. Data that identifies you will only be processed for these purposes if you consent to it.
Promoting our Services – If you consent to marketing cookies and similar technologies on our Website or in our Apps, we may collect information from other sites to create user audiences for marketing purposes, to display targeted advertisements and to measure how users interact with our advertisement. This may include profiling and the use of machine learning and other techniques over your data and in some cases using third parties to do this.
We process your personal data for these purposes only if you consent to it. You may at any time recall your consent or change your preferences through the “Cookie settings” link in the footer of the Website or through the settings on your mobile device.
Business operations – We use personal data to develop aggregated analysis and business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of our business. This processing is necessary to serve our legitimate interest to monitor our business operations.
Invoicing – If you are a Merchant or a representative of a Merchant that has entered into an agreement with us regarding our provision of the Services, we need to process your contact information for invoicing and accounting purposes. This processing is necessary for the performance of contract between us and the legal entity that you represent.
Contacting potential customers – If you are a Merchant or a representative of a Merchant we may advertise our Services and reach out to prospective customers to offer demos, quotes and more information on the Services. This processing is based on our legitimate interest to market and grow our business. You may opt out of such communications by us at any time by unsubscribing from communications.
Security, safety and dispute handling – We use personal data to protect the security and safety of our Services, users, customers, the Apps and Website, to detect and prevent fraud, to resolve disputes and enforce our agreements. This processing is necessary to serve our legitimate interest to protect our business.
Some of the personal data collected about you is obtained automatically from your device through the use of “cookies” or similar tracking technologies (hereinafter “cookies”) when you visit our Website. Cookies are small text files that are stored on your device and collect aggregate information on you device and how our Service, Apps and Website are being used. This includes data that identifies you, information on how you use our Services, information from other sites (with your consent), and technical information about your device, as described above.
Some cookies are necessary for the Website to function as intended, and these will be installed automatically on your device based on our legitimate interest to provide you with a functioning and secure Website. Other cookies, such as those used for marketing and analytical purposes, will only be installed if you allow us to use such cookies when visiting our website (as part of selecting your cookies preferences).
When you visit our Website, you will be requested to set your cookie preferences. You can choose to allow all cookies, including marketing and analytics cookies, or to only enable certain types of cookies. You may at any time withdraw your consent or change your preferences by clicking “cookie settings” in the footer.
5 What about childrens’ personal data?
Children are not eligible to use our Services and we ask that individuals under the age of sixteen do not submit any personal information to us or use the Services. Although visitors of all ages may navigate through the Websites or use our Apps, we do not knowingly collect or request personal information from those under the age of sixteen without parental consent. If, following a notification from a parent, guardian or discovery by other means, a child under sixteen has been improperly registered on our site by using false information, we will cancel the child’s account and delete the child’s personal information from our records. Other age restrictions may be set forth in the Terms for Service for Users from time to time.
6 Who can access your personal data?
Within our company, your personal data can only be accessed by those of our employees and consultants who need the data to perform their work. We also share your name, information on how you use our Services, and food preferences (if you have included such in your order) with the Merchant you order food from so that they can provide the food to you. If you opt in for receiving newsletters and updates from the Merchant, we will share your email address with the Merchant.
Besides our employees, consultants and partner restaurants, we use certain partners to help us provide, improve, promote, and protect our Services. For example, we use suppliers to manage marketing, analytics, data storage, and web hosting on our behalf. For our partners to perform their services, it is sometimes necessary for us to share your data with them. These suppliers may only use your personal data in accordance with our instructions under contracts and we only share such data that is required to perform the service in question. We do not sell any personal data to partners or any other third parties.
In order to offer you Klarna’s payment methods, we might in the checkout pass your personal data in the form of contact and order details to Klarna, in order for Klarna to assess whether you qualify for their payment methods and to tailor those payment methods for you. Your personal data transferred is processed in line with Klarna’s own privacy notice.
We may disclose personal data to public authorities or other third parties when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with our rights or property, the users of the Website or Apps, or anyone else that could be harmed by such activities.
We may, in the future, sell or otherwise transfer some or all of our assets or equity to a third party. Your personally identifiable information and other information we obtain from you may be disclosed to any potential or actual third party purchasers of such assets or equity and may be among the assets transferred.
7 Third party links
8 Is your data processed outside of the EU?
Your personal data can be transferred to and processed by third parties located in a country outside of the EU/EEA. We take great care in protecting your personal information and have put in place adequate mechanisms to protect it when it is transferred outside of the EU/EEA. For instance, by using the Standard Contractual Clauses as approved by the European Commission together with additional organizational and technical security measures, such as pseudonymization and encryption procedures.
9 For how long do we store your data?
For purposes of clarity, you are entitled to terminate your user account at any time, at what point all information connected to your account will either be deleted or anonymized. However, binding legal requirements or other legitimate reasons may require that we store certain information for various periods of time, and as such we may be unable to delete all information from our databases.
You can always alter the information you have submitted when creating your user account through the settings of your user account in the App or on the Website. We may alter, modify or delete any information you submit to the Website or through the App if we believe, in our sole discretion, it is in violation of our Terms of Service for Users or Terms of Service for Merchants, as applicable, otherwise against good taste.
10 How do we keep your data secured?
While no system is completely secure, we take several precautionary measures to help prevent personal information about you from loss, theft, misuse and unauthorized access. Such measures include access control to physical locations and events logging in IT-systems, access restrictions to personal data, pseudonymization and encryption procedures and confidentiality routines.
11 What are your rights?
You always have the following rights in relation to your personal data:
You may request the disclosures described above by sending a request to email@example.com. We will make the disclosure within 30 days of receiving your request, unless we request an extension, in which case we will notify you of the extension within the given time period.
Please note that there may be restrictions for us to erase certain personal data, such as personal data we are required to store by law or regulations.
If you have questions or complaints regarding our processing of your personal data, we kindly ask you to contact us over email at firstname.lastname@example.org. You also have the right, at any time, to file a complaint to the Swedish Authority for Privacy Protection (https://www.imy.se), which is the supervisory authority for data protection matters in Sweden.
13 How to contact us
If you have any questions about the use of your personal information, please send us an email to email@example.com
1 First things first
These merchant terms and conditions (this “Agreement”) form a binding agreement between you as a merchant (“you” or “Merchant”) and Karmalicious AB (“us” or “Karma”) regarding your use of and access to the merchant application Karma for Business (the “App”), the merchant interface on our website www.karma.life (the “Website”) and the services provided therein (the “Services”).
By creating a user account in the App or using the Services, you accept this Agreement and agree to be bound by each of its terms.
2 What is Karma for Business?
Karma for Business is a sales platform through which Merchants can offer take away food items for sale and provide online table ordering at restaurants for consumers (hereinafter called “Customers”). Basically, Merchants provide the food, and we provide a platform where Merchants can sell the food. Merchants may sell both surplus food at a discounted prices and regular food items through the Services.
Customers can purchase and order food through the Karma consumer application or the Website (hereinafter “Karma for Customers”).
3 Sign me up!
To use the Services you need to create a merchant account (“Merchant Account”). To create a Merchant Account, you must have the authority to enter into this Agreement on behalf of your entity. By accessing or using the Services you warrant to us that you have read and understood this Agreement and warrant to us that you have the legal capacity to enter into a legally binding agreement with us.
4 Use of the Services
4.1 Let’s start selling
You can offer food for sale (“Items”) when you are logged onto your Merchant Account. To create an Item, you need to provide certain information, such as a description of the Item, ingredients, allergens, and price information. Each Item must be listed with the correct store or restaurant price. It is strictly prohibited to list an Item at a higher original price than the price charged at your ordinary place of business.
When posting food for pick-up, you shall also provide information about your opening hours and the preferred pick-up time. When posting surplus food Items, Merchant shall also provide information about the quantity of available Items.
Once you have filled in all relevant information, you can post the Item. When the Item is published it will be shown to Customers in Karma for Customers. When a Customer places an order for an Item, you will receive an order confirmation to your Merchant Account.
4.2 Pick-up orders
Once a Customer has placed an order for an Item you have published, and an order confirmation has been received, you are obliged to provide the Customer with the ordered Item(s) during the specified pick-up time.
To collect a pick-up order, Customers shall show you an order confirmation or identify themselves by name. The Customer shall pick up the ordered Item from your ordinary place of business in a timely manner during the time frame provided when posting the Item. If the Customer does not collect the order during the given time frame, you have the right to do as you see fit with the ordered Item(s). The Customer is not entitled to receive a refund for orders that have not been collected on time.
4.3 Alcoholic beverages
If you are offering alcoholic beverages through the Services, you acknowledge that you are responsible for ensuring such serving is coherent with any applicable laws regarding the selling and serving of alcoholic beverages. This means, for instance, that you shall refuse serving alcoholic beverages to Customers that are not in a condition to be served or are underaged.
Due to the nature of the sold items (i.e. food) and the fact that food may get spoiled or age rapidly, Customers do not have a right to change or cancel a completed, unless you accept it. If you need to cancel a completed order, for example due to unavailability or quantity errors, you shall refund the Customer through the Website or App or by contacting us. Refund requests made to us will be handled as soon as possible during regular business hours. We will also be able to reach out to you regarding a refund request from a Customer, upon which we’ll ask you to respond to the request in a timely manner. Any failure to respond to such request will result in the refund being processed.
4.5 Standard requirements
All posted Items must be of a standard that a reasonable person would regard as satisfactory. For example, this means that each provided Item shall be safe for consumption and have satisfactory quality, quantity, appearance and finish.
You are solely responsible for determining the quality and freshness of the posted Items and you shall prepare the Items in compliance with the applicable legislation concerning the handling, storing and transportation of food and in accordance with the established principles and practices of the industry.
The Merchant is responsible for the quality and safety of the food, and for all information provided regarding posted Items. All Customer claims received by Karma are directed to the Merchant. In case the Merchant approves a claim, the Merchant can refund the Customer through the Services or by contacting us.
4.7 Loyalty Program
We like to reward our loyal users and do so through the Karma Loyalty Program. If you use the Service actively, you can receive special offers and the possibility to provide surplus food Items for lesser discounts as part of the Loyalty Program (collectively called “Loyalty Discounts”). You can read more about the various Loyalty Discounts and the requirements to access them on the Website and in the App. Loyalty Discounts and specific requirements can vary by city and country, which means that you may receive a different Loyalty Discount than another Merchant.
The Loyalty Discounts do not apply on already completed orders, are not transferable and may expire. Loyalty Discounts can only be used by you during the time that they are available to you in the Services. If you have not redeemed a Loyalty Discount during its availability you will not be able to use this Loyalty Discount later.
We reserve the right to change, end, or pause, in whole or in part, any Loyalty Program. We may also suspend or terminate your access to any Loyalty Program or Loyalty Discounts if we suspect fraud or any violation of this Agreement. If we end any Loyalty Program, any unused or unredeemed Loyalty Discounts are forfeited at that time.
5 Fees and Payouts
The Customer pays Karma for any ordered Items. The Merchant is entitled to monthly payments from Karma corresponding to the order value for sold Items during the previous month deducted with Karma’s service fees and any refunds and claims (“Payouts”).
Karma’s service fee will be calculated based on a percentage rate of the order value or percentage rate plus a fixed fee for each completed order, depending on the Service. The from time-to-time applicable Service fee rates are available on the Website. The Service fee rates provided on the Website shall apply, unless Parties have agreed otherwise in writing.
For each month during which the Merchant has completed sales through the Services, the Merchant will receive a sales report specifying all Payouts. Each sales report will be delivered to the Merchant within 7 days from the end of a calendar month.
In order to provide secure payments and Payouts, we use the well-renowned third-party payment service provider Stripe (“Stripe”) and Adyen (“Adyen”). As independent service providers, Stripe’s terms and conditions and Adyen’s terms and conditions apply to both the payments and Payouts. Depending on what part of the Services you are using, you will be required to set up up a Payout account with either Stripe, Adyen, or both through your Merchant account in order to receive your Payouts. Setting up a Payout account requires you to complete a Know Your Customer ("KYC") with the payment service provider(s) before a set deadline. Should this deadline not be met, the Merchant will bear the costs associated with not completing the KYC which can include, but won't be limited to, refunding all Customer orders made through Karma.
Payouts shall be paid within 30 days after the end of each calendar month during which the sales have been completed to a bank account provided by the Merchant. The Merchant acknowledges that Payouts cannot be made unless the Merchant has provided Stripe with necessary payout details through the Merchant Account. The Merchant also acknowledges that additional payout details may be requested from time to time by Stripe and Adyen.
Karma reserves the right to adjust any service fee rates and start charging fees for use of various features of the Services upon notifying the Merchant no later than 30 days prior to such new fee taking effect.
6 Do’s and Don’ts when using the Services
When using the Services, you shall:
You shall not, and do not attempt or permit any third party to:
Karma has the right to remove content posted by you and/or suspend or terminate your Merchant Account and access to the Services if you violate this Agreement or use the Services in a way that, in our sole opinion, is harmful to us or any third party.
7 Intellectual property rights
Karma, or as the case may be, Karma’s licensors, are the sole owners of the Website, the App and the Services, and any source code, software, content and other intellectual property related to or included in them. Except for the limited rights expressly granted under the Agreement, nothing in the Agreement shall be construed as transferring or assigning the title or ownership of any intellectual property rights in the Services to the Merchant.
The Merchant shall not access or use the Services in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of Karma or any third party, or that violates any applicable legislation.
Each party agrees to treat all non-public information of the other party as confidential and not to use such confidential information for any purpose other than for use of the Services and performing its obligations under the Agreement. Neither party may disclose confidential information of the other party to any third party, except as may be reasonably required to fulfill this Agreement, provided that such third party is bound by confidentiality obligations.
9 Personal data protection
Karma shall ensure that the processing of personal data within the scope of performance of the Agreement is in conformity with applicable data protection legislation.
In conjunction with using the Services, Merchant will process personal data on Karma’s behalf. Merchant shall process personal data on Karma’s behalf in accordance with Karma’s instructions, applicable legislation, and the Data Processing Agreement, which is incorporated to this Agreement.
10 Merchant Content
As between the Merchant and Karma, the Merchant is the sole owner of all content uploaded by the Merchant to the App or the Website, including any food item information, pricing, discount information, menus, photographs, graphics and merchant information (“Merchant Content”).
The Merchant hereby grants Karma the right to use Merchant Content for delivering and marketing the Services. The Merchant acknowledges that Karma may display advertising and/or any other content at locations of our choosing within the Services or in Karma for Customers, which may include placing advertisement in conjunction with Merchant Content.
Merchant acknowledges that Karma may freely utilize aggregated and anonymized Merchant Content and data generated in the system log files to optimize and improve the Services.
11 Customer feedback
Karma reserves the right to publish Customers’ feedback about Merchants on Karma for Customers, the Website and in the App (and/or allow others to do so). In case of negative feedback regarding the Merchant, the Merchant will be informed before such feedback is published.
For sake of clarity, Customers are not allowed to publish or upload any content, through ratings or otherwise, that include illegal, violent, offensive, or otherwise inappropriate content. We reserve the right, at any time and at our discretion, to remove any content provided by Customers that we consider to be inappropriate, unsuitable or untrue.
12 No warranties
The Services are provided “as is” and “as available”. Karma makes no representations or warranties that the App, Website or the Services will be uninterrupted or error free. If you experience service interruptions or detect a technical error in the Services, you can report the problem through the Services or on the Website through our chat or contact form.
13 Limitation of liability
Neither party shall be liable for consequential or indirect losses, such as lost profits, diminished production, costs of retaining another provider, costs of equipment and similar costs or losses, except in case of breach of intellectual property rights (Section 7) and confidentiality (Section 8).
In no event shall Karma’s or its suppliers’ total liability for any damages, direct or indirect, arising from or in connection with the Services or the Agreement exceed the Payouts paid by Karma to the Merchant during the previous three (3) month period.
In no event shall Karma be liable for any damages arising out of or as a result of Merchant Content. The Merchant will indemnify and hold Karma harmless for any damages or losses incurred to Karma or a third party as a result of Merchant Content.
14 Term and Termination
Unless otherwise agreed between the Parties, the Agreement shall remain in effect as long as you use the Services. This Agreement shall automatically expire when you unregister to the Services or if we terminate your Merchant Account. Sections 5 (Fees and Payouts), 7 (Intellectual property rights), 8 (Confidentiality) and 17 (Miscellaneous) shall survive any such expiration or termination. You may unregister from your Merchant Account at any time. Choose “Delete account” or any corresponding function in the App and/or the Website, or by contacting us at firstname.lastname@example.org. Karma will then delete or anonymize any personal information that can be attributed to you, except for certain information that Karma by law may have to save and archive.
15 Force Majeure
Karma shall not be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control.
16 Changes and updates
Karma may change or update this Agreement from time to time, and any such change or update will be set in effect when posting the updated Agreement on the Website or in the App. When we make major changes to the Agreement, we will provide you with prior notice as appropriate under the circumstances, for example by displaying a notice in the App, the Website or by sending an email. If you do not agree to the changed terms, you have the right to terminate your Account.
Karma reserves the right to modify, suspend, or discontinue the App, the Website and our Services at any time.
17.1 Governing law and disputes
The Agreement shall be governed by the substantive law of Sweden. Any dispute, controversy or claim arising out of or in connection with the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Stockholm.
Merchant may not wholly or partly assign or pledge its rights and/or obligations under the Agreement to any third party without the prior written approval of Karma. Karma has the right to transfer its rights and obligations under this Agreement.
If any part of this Agreement is held to be unenforceable or invalid for any reason, said part will be changed and interpreted to best accomplish its original intent and objectives. Any remaining parts will continue in full force.
If you have any questions or experience service disruptions, please reach out to us at email@example.com. You can reach us through the contact form or chat found in the Service.