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 (these “Terms”) form a binding agreement between you and Karmalicious AB (“we” or “us”) that applies to your use of and access to the Karma mobile application (the “App”), the website www.karma.life (the ”Website”) and the food ordering services provided therein (the “Services”). Please read these Terms carefully, as you agree to be bound by each of its terms by accessing or using the App, the Website and/or the Services (together hereinafter referred to as “Karma”).
If you don’t want to be bound by these Terms, please do not sign up for or use Karma.
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.
To use Karma, you need to create a user account (“Karma Account”). To create a Karma Account, you must be at least sixteen years old and have the authority to accept these Terms, either on your own behalf or by having a parent or legal guardian agreeing on your behalf.
Your Karma Account gives you easy access to see food offerings available near your location. You can also view your current order, your previous orders, and edit your personal information and preferences.
When you enter Karma, you can find all offers and Merchants in the discovery view displayed on a map. All Merchants and their offers are also listed according to their location and the distance to your location, with the Merchant closest to you being first. Your location is only used if you have permitted location sharing in Karma. You can also filter offers and Merchants based on, for example 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 criteria only offers matching the criteria will be displayed. 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.
All orders are placed through the App or the Website. The price of your order will be displayed in the check-out in the App or on the Website, depending on where you placed your order.
Take-out food: Upon successful payment you will receive an order confirmation and your order is completed. Please note, that as all take-away food items are sold on a first come first serve basis, we cannot guarantee that you will get the food offer you have started, but not completed ordering.
Table orders: Food orders can be placed both as a single purchase and on an open tab. When ordering on an open tab, both you and the Merchant may add items to your order. All open tabs shall be fully paid before leaving the restaurant. Upon successful payment you will receive a receipt of your order to your email address. We reserve the right to invoice you for any unpaid orders on open tab. Such invoices will include an invoicing fee and are subject to late payment interest in accordance with applicable law.
Please note that due to the nature of the sold items (food!) and the fact that food may get spoiled or age rapidly, you do not have a right to change or cancel the order once you have received the order confirmation, unless so authorized by the Merchant.
In order to provide secure payments, we use the well-renowned third-party payment service provider Stripe in our check-out. As an independent service provider, Stripe’s terms and conditions apply to the payment.
When ordering food for pick-up you shall always pick up your order from the Merchant’s premises during the time frame set out in Karma. The Merchant decides the time frame for pick-up. Upon arrival, you show the Merchant your order confirmation in Karma or identify yourself by name to receive your order.
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 orders that have not been collected on time.
In certain cases, home 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 Karma when placing the order. All deliveries are handled either by us or by trusted third parties.
Delivery and delivery time may vary depending on what you order and from where. Please refer to specific delivery information provided in Karma when placing the order. 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 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 us after 2 attempts to contact you, we have the right to cancel your order. In such case, you are not entitled to receive a refund for your order.
If you are ordering alcoholic beverages, note that all laws regarding the serving of alcoholic beverages apply to your order. This means, for instance, that the Merchant has the right to refuse serving you alcoholic beverages if you are not in a condition to be served or are underaged.
We like to reward our loyal users, and we do so through the Karma Loyalty Program. With the Loyalty Program you can receive personal offers and rewards for using Karma (collectively “Loyalty Rewards”). The Karma Loyalty Program is connected to your email address that you provided to us when signing up for Karma. Each purchase you make through Karma using your registered email address is registered to your Karma Loyalty Program. You can read more about the various Loyalty Rewards and how to access them on the Website and in the App. Loyalty Rewards and specific requirements can vary by city and country, which means that you may receive a different Loyalty Reward than another user.
The Loyalty Rewards may not be exchanged to cash, are not transferable and may expire. Loyalty Rewards can only be used by you during the time that they are available to you in Karma. If you have not redeemed a Loyalty Reward during its availability you will not be able to use this Loyalty Reward 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 Rewards if we suspect fraud or any violation of these Terms. If we end any Loyalty Program, any unused or unredeemed Loyalty Rewards are forfeited at that time.
Karma is a sales platform through which Merchants can sell food items to consumers. We are not the provider or the producer of the food items sold through Karma. As such, we are not responsible for the information given about each food item, the quality of the food items ordered through Karma or errors that may occur during the pickup of an order or in connection with a restaurant visit.
The Merchant is responsible for the quality and safety of the food, and for all information provided regarding food items. If you have any questions regarding a food item or wish to make a claim, we ask you to contact the Merchant.
Merchants are obliged to prepare the food items offered through Karma in compliance with all applicable legislation concerning the handling, storing and transportation of food, and in accordance with the established principles and practices of the industry.
If you experience any service interruptions or detect an error in the App or on the Website, you can report the problem through the contact form or chat found in Karma.
When using Karma, do:
Do not, and do not attempt or permit any third party to:
We have the right to at any time suspend a user or terminate your Karma Account and access to Karma if you violate these Terms or use the App and/or Website in a way that is harmful to us or any third party. We reserve the right, at any time and at our discretion, to remove any content provided by you that we consider to be inappropriate, unsuitable or untrue.
The App 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 other information (“Third Party Content”).
The third party that any Third Party Content originates from is solely responsible for it, and we do not and cannot review all Third Party Content made available through any part of the App or the Website. Therefore, we cannot guarantee the correctness of any Third Party Content or fitness for use of any offers posted on via the App and the Website. In no event shall we be liable for any damages arising out of your use of the App and/or the Website, or in no event shall we be liable for any loss or damage of any kind incurred as a result of any Third Party Content or offers.
The services are provided “as is” and “as available”. We do not guarantee that the App and the Website will be uninterrupted or error free.
We, or as the case may be, our licensors, are the sole owners of the Website, the App, the Services and any source code, software, content and other intellectual property related to or included in them. You may not use the Website, the App, or any other materials from the Website or App in any manner that may infringe upon any copyright or other intellectual property right of us or any third party.
If you provide us with suggestions or recommendations regarding the App or the Website, we are entitled to use this feedback as we see fit, without any requirement of compensation to you.
These Terms apply as long as you use Karma. These Terms shall automatically expire when you unregister to Karma or if we end your Karma Account. When these Terms are terminated, you may no longer access or use Karma.
You may unregister from your Karma Account at any time. Choose “Delete account” or any corresponding function in the App and/or the Website, or contact us at firstname.lastname@example.org. We will then delete or anonymize any personal information that can be attributed to you, except for certain information that we are required by law to save and archive.
We 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.
We may change or update these Terms from time to time, and any such change or update will be set in effect when posting the updated Terms on the Website or within the App. When we make major changes to the Terms, we will provide you with prior notice as appropriate under the circumstances, e.g., by displaying a notice within the App, the Website or by sending you an email. If you do not agree to the changed Terms, you have the right to terminate your Karma Account.
We reserve the right to modify, suspend, or discontinue the App, the Website and our services at any time.
All disputes arising hereunder or in connection with these Terms, use of Karma, the Website and/or the App shall be resolved by the laws of Sweden at the District Court of Stockholm (sw. Stockholms tingsrätt), Sweden.
We have the right to transfer, in part or in full, our rights and obligations under these Terms. In case we use subcontractors, we are responsible for the work performed by the subcontractors.
If any part of these Terms are 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 in Karma, please reach out to us. You can contact us at email@example.com or through the chat found in the App.
111 73 Stockholm