August 25, 2021
August 25, 2021
The Karma Community is a set of related Internet sites and other applications for interacting with other users of Karma and people who are passionate about discussing food waste (also referred to herein as the “Karmunity”), owned and operated by Karmalicious AB (“Karma”, “we” or “us”), a Swedish corporation. Karma welcomes you to the Karmunity and invites you to participate in the community by sharing knowledge with your peers and colleagues. Like all communities, we ask that you participate in a manner that respects your fellow community members and in accordance with our community Guidelines. To that end, we provide you with these terms of service to advise you of the legal obligations you assume when you engage with the Karma community or otherwise access or use the Karmunity or any services provided on the Karmunity (collectively, “Services”). These terms govern the use of the Karmunity (the “Karmunity Terms”). To the extent you are accessing or using our other products on behalf of a Company or Team, including without limitation by registering for an account on behalf of a Company or Team, your use of those products is governed by their relevant Terms and Conditions.
As stated above, these Karmunity Terms constitute an agreement between Karma and you and governs your use of the Karmunity. These Karmunity Terms do NOT govern the use of Karma products and services that are not part of the Karmunity. In the event of any conflict between these Karmunity Terms and the terms and conditions for any of the other Karma products and services, the terms and conditions governing the applicable products and/or services shall prevail.
You must be at least 16 years old to access or use the Karmunity or Services, including without limitation to complete a Karma account registration. By accessing or using the Services or the Karmunity in any manner, you represent and warrant that you are at least 16 years of age. If you are under 16 years old, you may not, under any circumstances or for any reason, access or use the Services or Karmunity in any manner, and may not provide any personal information to or on the Services or Karmunity (including, for example, a name, address, telephone number or email address).
Any user of the Karmunity is welcome to participate in community discussions, to answer questions, and to share their hard earned knowledge with the Karmunity community participants, provided that they comply with the obligations set forth in these Karmunity Terms, and to the extent that the use of the Karmunity does not conflict with the applicable laws, rules and regulations of the user’s jurisdiction. Karma reserves the right to refuse, suspend or terminate your access to the Karmunity if it determines, in its sole discretion, that you have in any way violated these Karmunity Terms or are otherwise ineligible to access or use the Karmunity or Services. If your actions are determined by us to violate these Karmunity Terms, Karma may, in its sole discretion, try to remediate that violation by working with you individually, but is under no obligation to do so, and if any such remediation efforts are unsuccessful (in Karma’s sole discretion), then Karma may revoke your rights to the Karmunity. You are solely responsible for ensuring that these Karmunity Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access the Karmunity or any Services is revoked where these Karmunity Terms or use of the Karmunity or any Services is prohibited or conflicts with any applicable law, rule or regulation. Karma will use reasonable efforts to make the Karmunity available 24/7/365, but from time-to-time there will be scheduled outages for maintenance purposes and other upkeep. Where feasible, Karma may, in Karma’s sole discretion, make efforts to inform you about any outages and report on the nature and reason for any outages that may occur in an open and transparent manner, though Karma is under no obligation to do so, and in any case will not be liable for any downtime.
Karma Content All materials displayed or performed on the Karmunity, including but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively “Karmunity Content”) (other than Karmunity Content posted by individual “Subscriber Content”) are the property of Karma and/or third parties and are protected by Swedish and international copyright laws (“Karma Content”). All trademarks, service marks, and trade names are proprietary to Karma and/or third parties. Other than as expressly set forth in these Karmunity Terms, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit any of the Karmunity Content, software, materials, or Services in whole or in part. You may download or copy the Karmunity Content, and other items displayed on the Karmunity for download or personal use provided that you maintain all copyright and other notices contained in such Public Content. Any other downloading, copying, or storing of any Karmunity Content (other than Subscriber Content) for other than personal, noncommercial use is expressly prohibited without prior written permission from Karma or the relevant third party copyright holder. Subscriber Content You agree that any and all content, including without limitation any and all text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations, and product feedback (collectively, “Content”) that you provide to the Karmunity (collectively, “Subscriber Content”), is perpetually and irrevocably licensed to Karma on a worldwide, royalty-free, non-exclusive basis and you grant Karma the perpetual and irrevocable right and license to access, use, process, copy, distribute, export, display and to commercially exploit such Subscriber Content, even if such Subscriber Content has been contributed and subsequently removed by you as reasonably necessary to, for example (without limitation):
TO THE MAXIMUM EXTENT ALLOWED BY LAW, KARMA DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY. KARMA PROVIDES NO GUARANTEES THAT THE SERVICES OR NETWORK WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES THE NETWORK, SERVICES, AND ANY RELATED CONTENT OR PRODUCTS SUBJECT TO THESE KARMUNITY TERMS ON AN “AS IS” BASIS.
You will indemnify and hold Karma, its directors, officers, employees, agents, consultant, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the Karmunity, use of Karma products or services made available on the Karmunity, your violation of this Agreement, or your infringement or any third party using your account, of any intellectual property right.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KARMA AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE NETWORK OR SERVICES (I) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF FIVE HUNDRED EURO (€500) IN THE AGGREGATE, EVEN IF KARMA OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL PREVENT KARMA’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. NOTWITHSTANDING SUCH RIGHT OF EQUITABLE RELIEF, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY, SUCH LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Karma reserves the right to assign our rights and obligations under these Karmunity Terms (in whole or in part) without your consent to a corporate affiliate, or in connection with a merger, acquisition, corporate restructure or reorganization, or due to the sale of all or substantially all of our assets. All disputes arising hereunder or in connection with these Karmunity Terms and/or the Karmunity shall be resolved by the laws of Sweden and the District Court of Stockholm (sw. Stockholms tingsrätt), Sweden. Notwithstanding the foregoing, these Karmunity Terms shall not prevent either party from seeking injunctive relief with respect to a violation of the confidentiality provisions and indemnification provisions contained in these Karmunity Terms.
Expiry or termination of these terms will not affect accrued rights, indemnities, existing commitments or any contractual provision intended to survive termination.
Karma reserves the right, in its sole discretion, to modify or replace these Karmunity Terms, as our business evolves over time and to better provide Services and Products to the Karma community, or to change, suspend, or discontinue the Karmunity and/or any Services or Products at any time by by displaying a notice within the Karmunity, by sending you an email or by another appropriate means of electronic communication.
The parties to these Karmunity Terms are independent contractors and these Karmunity Terms shall not be construed to constitute any agency, partnership, joint venture, or employment relationship between you and Karma. These Karmunity Terms represent the entire agreement between you and Karma and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Karmunity or Services or Products contemplated hereunder. If any provision of these Karmunity Terms is held to be invalid, void, unenforceable, or contrary to public policy, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Karmunity Terms shall remain and continue in full force and effect.
Unless otherwise specified in these Karmunity Terms, all notices under these Karmunity Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to legal (at) karma.life.
Our failure to enforce any part of these Karmunity Terms shall not constitute a waiver of our right to later enforce that or any other part of these Karmunity Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Karmunity Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Karmunity Terms are for convenience only and shall not affect their interpretation.
Thanks for taking the time to learn about our Terms of Service for Karmunity.
These User Terms and Conditions (this “Agreement”), is a legal agreement between you and Karmalicious AB, a Swedish company (“Karma”), which guides your use of and access to the Application (as defined below) and the Website (as defined below).
If you don’t want to be bound by this Agreement, please do not access or use the Application and/or Website. Karma may terminate, without notice, your access to the Application and/or Website for failure to comply with this Agreement.
By creating an account in the Application and/or on the Website, you accept this Agreement and agree to be bound by each of its terms. You also represent and warrant to Karma that: You are at least sixteen years of age and have the authority to enter into this Agreement (either on your own behalf or by having a parent or legal guardian agreeing on your behalf) This Agreement is binding and enforceable against you.
To the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity.
The Karma service is a sales channel via which merchants offer take away food items to registered users. In these terms of Karma service, the term “merchants” refers to restaurants, but it may also refer to other food providers operating e.g. in the grocery, café or bakery sector. Merchants who enter into an Agreement (The Merchant Terms and Conditions) with Karma are allowed to use the Merchant Application and the Website. The aim of this intermediation service is to give Merchants the opportunity to sell surplus food that may soon become outdated as take-away to registered users. The Karma service allows Merchants to gain extra income while decreasing food waste.
The purpose of this Agreement is to explain the terms and conditions under which Karma will let you use the Application through your mobile device and/or use the Website (collectively, the “Purpose“).
As also mentioned in other parts of this Agreement, Karma does not have any control over any merchants or other third parties, and therefore is not liable or responsible for any actions taken or supposed to be taken by any such third party.
To use the ordering service and the features made available through the Application and Website, you are required to complete a registration process to create an account with Karma (“Account”).
When you create your account you are given access to use Karma’s software platform made available through Karma’s mobile application (“Application”) and/or Karma’s website located at www.karma.life (the ” Website”), Karma’s loyalty program (the “Karma Loyalty Program”), during the Term (as defined below) solely for the Purpose.
Creating your Account offers you easy access to see food available near you, your current order, your previous orders, and edit your personal preferences. In order to create your Account, it is necessary to provide personal information, which includes but is not limited to, your name, contact information and payment information.
Karma works with local merchants to offer you the opportunity to purchase and pick up food that would otherwise go to waste. In the discovery view in the Application, merchants are displayed on a map. In the list below, merchants are listed in order of distance to where you are located when the Application is open (the Merchants closest to you is shown first in the list). You can also filter on preferred options such as type of food (e.g. meal, bread or drinks) and allergens (e.g. gluten- or lactose free). When entering into a merchant view, items for sale are listed based on (i) if the item has a picture and (ii) the sales value of the item. Merchants can be provided with additional information on the methods used to reference the items on the Application and Merchant Application. The supply of food items is depending on each merchant’s daily business, and as such it is not guaranteed that food is available at all times you use the Application or the Website.
Through the Application you are presented with a description of the food item so that you as a customer will get as good information about ingredients, allergens, price discount etc. You can filter on preferred options such as type of food (e.g. meal, bread or drinks) and allergens (e.g. gluten- or lactose free). When you filter on one or more of these options only items within this/these categories will be visible to you. The Karma service is not the provider or the producer of the food items listed in the service nor is Karma responsible for the information given about each food item. The provider of the food items is responsible for all the information regarding the food item. Would you have any questions regarding given information about a food item, Karma directs you to the merchant.
As a logged in Karma user, you can place an order for a food item through the Application or Website. After placing the order you will get an order confirmation via the user interface of the Application or Website.
You pay for ordered food items through the Application or Website. If an order hasn’t been paid for through the Application or Website, it will not be considered a completed order. Furthermore, as all food items are sold on a first come first serve basis, Karma can not guarantee that you will get the food item you have started, but not finished, ordering. Karma may use a payment service provided by a third-party to handle the payment and will automatically charge your chosen account at the time of your order. You have no right to cancel or change a placed order when using the Application or the Website. The restriction of the right to cancel a made order is based on the nature of food which may spoil or age rapidly.
Upon arrival, you show the merchant the order confirmation in the Application to receive your order. The merchant has also the ability to confirm your order in the merchant application by identifying you by name. When using the Application or Website you shall always pick up the food item(s) ordered from the applicable merchant’s premises in a timely manner during the time frame provided by the merchant. If you do not collect your order during the given time frame, the merchant has the right to do as they see fit with the ordered food item. Unless stated otherwise by the merchant, you are not entitled to receive a refund for ordered food items that have not been collected on time.
In certain cases, delivery can be offered for your order. If delivery is included in an order, the order will be delivered to the address specified by you in the Application or on the Website while completing the order, or supplemented by email to Karma after the order has been completed. All deliveries are handled either by Karma or by Karma’s hired delivery firms. Delivery and delivery time may vary depending on what you order and from where. Please refer to specific delivery information given in the Application or on the Website. You undertake to be available at the delivery address and reachable at the phone number specified by you while completing the order from the time of the order until delivery has been made. If you’re not available at the delivery address within five (5) minutes from delivery your order will be left outside your door, given that no gate or other door is prohibiting this. In case your order can't be left outside your door and you don’t reply to Karma after two (2) attempts to contact you, Karma or Karma’s hired delivery firm has the right to cancel your order without any refund.
With the Karma Loyalty Program you are able to receive personal offers and rewards (collectively “Loyalty Rewards”) based on your previous order history. Detailed information about the various Loyalty Rewards and how to get them are presented in the Application. Loyalty Rewards and specific requirements for eligibility can vary both by User, city, and country. As a result, you may receive a different Loyalty Reward than another User. The requirements for eligibility and contents of specific Loyalty Rewards are subject to change at Karma’s sole discretion. The Loyalty Rewards may also be subject to limited supply and can be changed at any time without notice. The Loyalty Rewards that you are offered through the Application are not transferable and may expire. Loyalty Rewards in the form of Karma credits have no cash value. Loyalty Rewards can only be used by you during the time that they are available to you in the Application. If you have not redeemed a Loyalty Reward during its availability you will not be able to use this Loyalty Reward at a later stage. Karma reserves the right to change, end, or pause, in whole or in part, any Loyalty Program, as well as any User’s ability to participate in any Loyalty Program or receive Loyalty Rewards at any time for any reason, including suspected fraud or any violation of this Agreement. If Karma ends any Loyalty Program, any unused or unredeemed Loyalty Rewards may be forfeited at that time.
Karma does not currently charge its users to access and use the Application or the Website, however Karma may, at any point and in its discretion, elect to begin charging fees for use of various portions of the Application, the Website and/or for different levels of subscription or accounts.
The Karma service is a sales channel via which merchants’ food items are traded. The Karma service is not the provider or the producer of the food items listed in the service. Karma is not responsible for the quality of the food items ordered through the service or errors that may occur during the pickup of an order. The merchant is responsible for all the user reclamations concerning the food item and Karma directs the reclamations to the merchant. The cooperating merchants are committed to preparing the food items offered through the service in compliance with the legislation concerning the handling, storing and transportation of food and in accordance with the established principles and practices of the industry. If you detect a technical error or other error in the Karma service, you can report the problem through the Application or Website.
Karma offers support via the support center that you reach through the chat found in the Application and on the Website. Please refer to the Website for up to date information on the support center’s opening hours.
Karma does not currently provide any advertisements in the Application and on the Website, however Karma may decide to deliver advertisements in the future.
It is your responsibility to make sure that all information provided by you to Karma is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information going forward. It is also your responsibility to protect your Account information as it should be kept strictly confidential.
Karma does its best to keep the Application and the Website safe and secure but needs your help to do it by not violating or attempting to violate the security of the Application or the Website. Except as expressly permitted under other parts of this Agreement, you may not modify, reproduce, duplicate, copy, publish or create derivative works of:
Karma has the right to at any time suspend a user or terminate the user’s account and access to the Application and Website if the user violates this Agreement or uses the Application and/or Website in a way that is harmful to Karma or any third party.
The Application and the Website contain and/or provide access to content provided by merchants and other third parties, including, food item information, pricing, discount information, menus, photographs, graphics and merchant information (“Third Party Content”).
The third party that any Third Party Content originates from is solely responsible for it, and Karma does not and cannot review all Third Party Content made available through any part of the Application or the Website. As such, Karma cannot guarantee the correctness of any Third Party Content or fitness for use of any offers posted on via the Application and the Website. In no event shall Karma be liable for any damages arising out of your use of the Application and/or the Website, or for any loss or damage of any kind incurred as a result of any Third Party Content or offers. Karma cannot guarantee that the Application and the Website, including the Content, will be uninterrupted or error free. Karma cannot be held responsible for if the Application and/or the Website is down or if any Content, information or functionality does not work as expected.
For purpose of clarity between you and Karma, you are the sole owner of all information and content entered into the Application or the Website or otherwise posted by you. Karma is the sole owner of the name “Karma” as well as the Website, the Application, and all source code, software, content and other intellectual property related to it or included in it. All suggestions and recommendations from you to Karma regarding the Application or the Website are, upon submission to Karma, owned by Karma.
Karma respects the intellectual property of others, and asks you to do the same. You may not use the Website, Application, the Content or any other materials from the Website or Application in any manner that may infringe upon any copyright or other intellectual property right of Karma or any third party.
This Agreement shall continue in full force until either: (i) You terminate your Account, or (ii) Karma terminates your access to the Application or non-public portions of the Website, with or without notice (the “Term”). When this Agreement is terminated, you no longer have access to the Application or any other non-public portions of the Website.
For purposes of clarity, you are entitled to terminate your Karma account at any time. Choose “Delete account” or any corresponding function in the Application and/or the Website, or contact Karma. 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.
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 its reasonable control.
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 within the Application. When we make major changes to the Agreement, we will provide you with prior notice as appropriate under the circumstances, e.g., by displaying a notice within the Application, the Website or by sending you an email. If you do not agree to the changed Agreement, you have the right to terminate your Account before the changed Agreement comes into force.
Karma reserves the right to modify, suspend, or discontinue the Application and the Website without any notice at any time and without any liability to you.
All disputes arising hereunder or in connection with this Agreement, the Website and/or the Application shall be resolved by the laws of Sweden and the District Court of Stockholm (sw. Stockholms tingsrätt), Sweden. Karma has the right to transfer its rights and obligations under this Agreement. Furthermore, Karma has the right to hire subcontractors for the fulfillment of its obligations. In such cases is Karma fully responsible for the work performed by the subcontractors. 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.
Thanks for taking the time to learn about our Terms of Service for Users.
We hope feel more comfortable using our services now.