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Your Order Please Conditions of Use

The Your Order Please application and the www.yourorderplease.com website (hereinafter jointly referred to as: ‘Your Order Please’) are provided through the internet by the company:

 

  • HMSHost International B.V., with its registered office at Evert van de Beekstraat 364 in Schiphol and registered with the Dutch Chamber of Commerce under number 34092548,in the event you are located in the Netherlands;

  • HMSHost UK Ltd., with its registered office at 1 Lyric Square, Hammersmith, London, England W6 0NB and registered with Commercial Register of United Kingdom under number 3650426, in the event you are a customer in the United Kingdom or France;

  • HMSHost Sweden A.B., with its registered office at Box 43, 190 45 STHLM-Arlanda and registered with Company Registration Office of Sweden under number 556680-8456, in the event you are a customer in Sweden or Denmark;

  • HMSHost Finland O.Y., with its registered office at Rahtitie 3 01530 Vantaa, and registered with Trade Register of Finland under number 2586378-5 ,in the event you are a customer in Finland;

  • HMSHost Ireland Ltd, with its registered office at Lee View House, South Terrace Co. Cork and registered with Company Registration Office of Ireland under number 409666, in the event you are a customer in Ireland;

  • HMSHost Vietnam Company Limited, with its registered office Nguyen Dang Giai Street, Thao Dien Ward, District 2, Ho Chi Minh City, and registered with Department of Planning and Investment of Ho Chi Minch City, Vietnam under number 4398446299 and Autogrill VFS F&B Company, with its registered office at Kiosk 1.1.16, International Departure, Tan Son Nhat International Airport, Truong Son Street, Ward 2, Tan Binh District, HCMC,and registered with Business Registration Office of Vietnam under number 0312068846,Limited in the event you are a customer in Vietnam;

  • Limited Liability Company Autogrill Rus, with its registered office at 41 Pulkovskoye shosse, liter ZA, St. Petersburg, 196140, Russian Federation, and registered with main state registration of Russian Federation under number 1137847150649, INN 7841481506, KPP 781001001 in the event you are a customer in Russia;

  • Autogrill Middle East, LLC, with its registered office at P.O Box 112222, Abu Dhabi, United Arab Emirates and registered with Abu Dhabi Business Centre of United Arab Emirates under number CN-1679003 in the event you are a customer in the United Arab Emirates;

  • PT. Autogrill Services Indonesia, with its registered office at Komplek Niaga Duta Mas Fatmawati Blok B2 No. 19 Lt.1, Jl. RS Fatmawati No. 39, Kelurahan Cipete Utara, Kebayoran Baru, Jakarta Selatan and registered with Ministry of Law and Human Rights of Indonesia under number ,NIB 8120004711675 in the event you are a customer in Indonesia;

  • HMSHost Maldives Private Limited, with its registered office at Room No.104, Building No.95, SSQ Building, Velana International Airport, 22000, Hulhule, Maldives and registered with Ministry of Economic Development of Republic of Maldives under number C03442018, in the event you are a customer in the Maldives;

  • Host Services Pty Ltd, with its registered office at Level 1, Cairns Domestic Airport, Cairns North QLD 4870 and registered with Australian Securities and Investment Commission of Australia under number ACN 072 986 399 and ABN 57, 072 986 399, in the event you are a customer in Australia;

 

 

hereinafter, depending on the country from which you use Your Order Please, referred to as “HMSHost”. The use of Your Order Please is subject to the conditions set out below. When you place an order through Your Order Please, these conditions will be presented to you in electronic format. Derogations from or additions to these General Conditions are only binding if they have been accepted by HMSHost in writing.

 

Article 1Use of Your Order Please

1.1.Your Order Please allows you to place orders for products. The application allows you to order food and drink, which can also be paid for immediately after ordering. You can then collect this order a later time.

1.2.You can use Your Order Please through the website. In order to use Your Order Please, an account can be created.

1.3.You can create an account by registering through Your Order Please. Once the registration process has been completed, you can log into your account and use the Your Order Please’s functionalities.

1.4.You should keep the password for your account strictly secret and not share it with third parties. HMSHost may assume that everything that takes place through your account following a login using your login credentials is carried out under your direction and supervision. You are therefore personally responsible for all of these actions, unless you have previously informed HMSHost through Your Order Please that someone else knows your login details. 

1.5.Your personal data is processed when you make use of Your Order Please. You consent to all forms of processing set out in the privacy and cookie agreement. Please consult the HMSHost privacy and cookie statement for more information.

Article 2Your Order Please Rules of Use

2.1.Using Your Order Please in ways that conflict with Dutch law or other applicable laws and regulations is prohibited.

2.2.If HMSHost finds that you have violated one of the above conditions, or receives a complaint about this, HMSHost may take measures to end the violation.
In addition, HMSHost has the right to delete and/or block your account.

2.3.If, at HMSHost’s discretion, the operation of its computer systems or network, third-party networks and/or service provision via the internet is hindered or at risk, in particular as a result of excessive amounts of email or other data being sent, leaked personal data or virus activity, Trojan horses and similar software, HMSHost is authorised to take any reasonable measures it deems necessary to avert or prevent such risk.

2.4.HMSHost is entitled at all times to report any criminal acts discovered. In addition, HMSHost is authorised to provide your name, address, IP address and other identification data to a third party who has complained that you have breached their rights or these conditions of use, provided that the accuracy of the particular complaint is reasonably and sufficiently plausible, there is no other way in which these details could be obtained and the third party has a clear interest in being provided with these data.

2.5.HMSHost may recover from you any costs incurred and losses or damage suffered as a result of violation of these rules of conduct. You indemnify HMSHost against all third-party claims in connection with the information you have posted.

 

Article 3Availability and maintenance

3.1.HMSHost will use all commercially reasonable efforts to ensure that Your Order Please is available, but does not guarantee uninterrupted availability.

3.2.HMSHost actively maintains Your Order Please. Maintenance of Your Order Please will, if possible, be announced in advance and be carried out at a time during which relatively little use is made of Your Order Please.

3.3.HMSHost may modify the functionality of Your Order Please from time to time. Your feedback and suggestions in respect thereof are welcome; however, HMSHost itself will ultimately decide which modifications are performed.

Article 4Intellectual property

4.1.Your Order Please, the associated software, the licenses used and all information and images on the website are the intellectual property of HMSHost or its licensors. Except in those cases in which it is legally permitted, these may not be copied in any way without the separate written permission of HMSHost.

4.2.Information that you publish or save via Your Order Please is and remains your property (or that of your suppliers). HMSHost has the non-exclusive, transferable right to use this information to provide its services; this right cannot be sub-licensed.

4.3.You may revoke this right of use by deleting the relevant account information and/or terminating the agreement.

4.4.You can change your account details at any time.

4.5.Reverse engineering or the further distribution of Your Order Please is not permitted.

4.6.If you send information to HMSHost, such as feedback on an error or a suggestion for improvement, you grant it an unlimited, perpetual right to use this information for its services.

Article 5Privacy

5.1.In the course of use of Your Order Please, personal data may be processed within the meaning of the General Data Protection Regulation. Further information on the processing and handling of personal data can be found in the Your Order Please privacy and cookie statement. The statement can be consulted via the Your Order Please website.

Article 6Liability

6.1.The provisions of this article are only applicable if you are a legal entity or a natural person acting in the course of its profession or business.

6.2.HMSHost accepts no responsibility, except in the case of intent or deliberate recklessness.

6.3.HMSHost is expressly not liable for indirect losses, loss of data, loss of profit, lost savings and losses due to business interruption.

6.4.In the event of force majeure, HMSHost will never and under no circumstances be liable to compensate you for the loss you have suffered as a result. Force majeure includes power failure, failures in the internet or the telecommunications infrastructure, attacks on the network, (D)DoS attacks, attacks using malware or other malicious software, domestic unrest, mobilisation, war, strikes, business interruptions, supply delays, fire and floods.

6.5.Any right to claim compensation is at all times subject to the condition that you notify HMSHost of the loss, in writing, within two months of the loss being discovered.

Article 7Duration and termination of the user agreement

7.1.This user agreement comes into force immediately upon placing an order through Your Order Please and will be effective for an indefinite period until you inform HMSHost of the termination of the user agreement. This can be done, among other ways, by following the online procedure for account deletion.  

7.2.If you enter into the user agreement as a consumer, you can terminate the agreement at any time.

7.3.HMSHost can terminate the agreement if you have not used the service for 18 months. In that case, they will first email a reminder to the email address linked to your account.

Article 8Changes to prices and conditions

8.1.HMSHost may amend these conditions at any time.

8.2.HMSHost reserves the right to change the prices of its products for subscribers to the Your Order Please service at any time.

8.3.HMSHost will announce the changes or additions to the conditions through the service at least thirty days before they come into effect, in order to notify you thereof.

8.4.If you do not wish to accept a change or addition, you may cancel the user agreement until the date it takes effect. Use of the service after the effective date will be regarded as acceptance of the amended or supplementary conditions.

Article 9Ordering through Your Order Please

9.1.Your Order Please has facilities for in-website purchasing, allowing orders to be placed against payment. Payment is done via a payment service provider such as ADYEN and as such HMSHost has no influence on or control over the payment procedure. As the purchases concern perishable products, you waive your right of withdrawal (in Dutch: ‘herroepingsrecht’) with regard to the purchase once your order has been confirmed. As such, orders placed through Your Order Please may not be cancelled or refunded.

Article 10Other provisions

10.1.Agreements arising from these Conditions of Use are governed by Dutch law, but only insofar this does not have the result of depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of the choice of applicable laid down in this article, would have been applicable to you.

10.2.In the event you are a legal entity or a natural person acting in the course of its profession or business, the version of communication or information as saved on file by HMSHost is deemed to be correct, unless you provide evidence to the contrary.

10.3.If any provision in these Conditions of Use is found to be void or voidable, this will not affect the validity of the Conditions of Use as a whole. In such case, the parties will replace that provision by one or more new provisions reflecting the purport of the original provision as far as is possible under the law.

10.4.HMSHost is entitled to assign its rights and obligations under the agreement to a third party taking over the relevant business activity from HMSHost.

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