Terms and Conditions

Grubmates is a startup company whose main activity is the development and management of food delivery services and customer supply chain of the cities through which any person residing in a serviceable city (hereinafter, the “Users”) can order and receive anything from any local restaurant or store (hereinafter, the “Merchants”). The company acts as an intermediary in the planned or immediate delivery of the products by third parties (hereinafter, the “Mandataries”). Mandataries are thus a network of people who offer their services through Grubmates. When they wish to provide their services, they report to Grubmates and undertake to carry out within a certain amount of time the service entrusted to them by the User.

In addition, Grubmates is a multi-category service for intermediation in the contracting of “on demand” services by electronic means. Its aim is to make it easier for any persons requiring help with their errands, services, purchases in person and/or collection of products from local merchants to carry out their errands by delegating to them to third parties, the Mandataries, who are willing to voluntarily carry out the mandate given to them by Users.

In all cases, Grubmates’ role is that of a mere intermediary and, therefore, its sole responsibility and task is to manage the services that facilitate the contact between User, Merchants and Mandatary. Grubmates is in no way responsible for the products and or services offered by Merchants, or the performance of any errand or delivery requested through the company and performed by Manadataries, all in accordance with Section 11 on Responsibilities and Warranties.

By accessing the Site and/or the APP and voluntarily creating a profile, all Users, Merchants and Mandataries acknowledge and expressly and unambiguously agree to these General Terms, as well as to the Privacy Policy and the Cookie Policy available online. Any User, Merchant and/or Mandatary who does not agree with the said General Terms and/or Policies shall refrain from using them.

In order to be a User of the Grubmates, it is essential that you meet the following requirements:

- Users must be at least 18 years of age.
- Users must truthfully provide the mandatory data form requesting personal details such as the User’s full name, e-mail address, telephone number and location pin.
- Users must carefully read these General Terms when accessing the service. Further, acceptance of the General Terms is an essential step to be taken before registration.
- Users must agree to the Privacy and Data Protection Policy.
- Users must agree to the Cookie Policy.

Once all requirements are fulfilled and registration on the APP is completed, Grubmates will provide the User with the registration confirmation, together with any other information necessary in accordance with the law applicable.

All Users who may be classified under the applicable law as “consumers” benefit and are protected by all relevant consumer protection laws and regulations when using the APP.

When registering on the APP, Users might choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable. In order to increase the security of accounts, Grubmates recommends that Users do not use the same login credentials as on other platforms. In any case, Grubmates does not guarantee the security of the account or profile.

In order to complete their registration with Grubmates, Users might provide certain details, such as: username, e-mail address, telephone number, Whatsapp number and bank card details, among others. Grubmates does not store users’ payment data, which shall be processed and stored by the payment service provider as described in these General Terms and in the Privacy Policy.

The User warrants that all the information regarding his/her identity and capacity provided to Grubmates is true, accurate and complete. In addition, Users undertake to keep their details up to date. If a User provides any false, inaccurate or incomplete information or if Grubmates considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, Grubmates may deny that User current or future access to, and use of, the APP or any of its contents and/or services.

Users undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be solely responsible for any use of such details or of the services of the Site that may be made by third parties, including the statements and/or contents entered on the APP, or for any other action carried out under their username and/or password. Grubmates cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by unregistered third parties of a registered User’s identity. Users undertake to inform Grubmates immediately, using the communication channels made available by Grubmates, if their credentials are stolen, disclosed or lost.

Users are fully responsible for the proper use of, and access to, their profile and other APP contents in accordance with the current legislation, be it national or international, of the Country from which they are using the APP, as well as with the principles of good faith, morals, generally accepted customs and public order. Specifically, they undertake to diligently comply with these General Terms of Use.

Users are the sole owners of the content entered by them on the APP. Grubmates may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any opinions that may be issued by Users of the APP, whose consequences shall be the sole responsibility of their issuers

Users shall refrain from using their profile and other APP contents for illegal purposes or with illegal results that harm third-party rights and interests or that may in any way damage, disable, affect or impair the APP and its contents and services. In addition, they are prohibited from hindering other Users’ normal use or enjoyment of the APP.

Any persons who breach the above obligations shall be liable for any loss or damage caused by them. Grubmates will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.

In general, Users undertake, by way of example without limitation:

- To refrain from altering or modifying the APP, in full or in part, by bypassing, disabling or in any other way tampering with, its functions or services;
- To refrain from infringing industrial and intellectual property rights or the personal data protection legislation;
- To refrain from using the APP to insult, defame, intimidate or harass other Users or attack their image;
- To refrain from accessing other Users’ email accounts;
- To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to Grubmates’ or third parties’ contents or systems;
- To refrain from sending mass and/or recurring emails to a number of people, or from sending third parties’ e-mail addresses without their consent;
- To refrain from advertising goods or services without Grubmates’ prior consent.

Any User may report another User if he/she believes that the latter is in breach of these General Terms. Similarly, any User may inform Grubmates of any abuse or infringement of these terms at legal@grubmates.io. Grubmates will check such reports as soon as possible and will take any steps that it may deem appropriate, reserving the right to remove and/or suspend any User from the APP for breach of these General Terms. Furthermore, Grubmates reserves the right to remove and/or suspend any message with illegal or offensive content without the need for a prior warning or subsequent notification.

Grubmates may collect reviews of Users relating to certain Merchants and/or the products or services offered by them. Grubmates reserves the right to publish the said reviews anywhere and make them available for any other User, identifying them by the first name of the User who has left the review, all in accordance with Grubmates’ Privacy Policy.

The Users might be asked to provide the said review, only in the case that they have placed an order via the APP to the relevant Merchant. The provision will, nevertheless, be completely voluntary for the User who may or may not submit it. By submitting a review, the User accepts its collection and publication, if that is the case, by Grubmates.

Length of the reviews may be limited by a certain number of characters. In addition, the User commits to leave relevant reviews only, and which are in no way offensive, abusive, untrue, discriminatory, etc either for the Merchant or for any other User or Mandatary. Grubmates reserves the right to filter the reviews according to section 8 of these General Terms and to remove any review that is not compliant with these General Terms or that may be considered offensive or contrary to the law and public order.

Since Grubmates cannot guarantee the identity of registered Users, Users are under an obligation to inform Grubmates if they have evidence that the credit card associated with their Grubmates profile has been stolen and/or is being fraudulently used by a third party. Grubmates, together with payment service provider, will make its best efforts to block further payments when duly informed by the User; however, Grubmates will not be liable for any fraudulent use thereof that may be made by third parties on the User’s account and it is neither obliged to make any investigation on the fraudulent use of the Users’ payment methods by third parties nor to block any suspectful transaction. Grubmates suggests that Users report any theft, robbery or suspected misuse of their credit card to the police. If necessary, Grubmates undertakes to assist Users and cooperate with the competent authorities as may be necessary to provide reliable evidence of the wrongly applied charge.

In the event of fraud, Grubmates reserves the right to take any appropriate action if it has been detrimentally affected by the misuse of the APP.

Users may voluntarily deregister from the APP by emailing at legal@grubmates.io.

In addition, Grubmates reserves the right to suspend and/or cancel any Users’ accounts in the APP in the case that it takes notice that it has stopped complying with all basic requirements for registration as well as in case of reasonable suspicion of fraudulent or illicit use, including the use of the User account in a manner which is contrary to these General Terms.

Grubmates, as a multi-category local delivery and customer supply chain service allows Users who are duly registered in the APP to place different types of orders. By accessing the APP, the Users may request the collection and subsequent delivery of the product, by the Mandataries, from the Merchants’ addresses to the address established by the User or choose to directly collect the order from the Merchant’s store, provided that they are within the territory in which Grubmates operates. Similarly, a User may ask a Mandatary to either perform errands and/or purchase products in person on his/her behalf and to collect them from, and deliver them to, the addresses specified, as well as to perform on-demand deliveries on behalf of the User (hereinafter, the “Courier” model).

Through the Courier model the User may request via the APP the services of a Mandatary for the collection and delivery of a certain object from and to the addresses indicated by the User, provided that these are within the territories where Grubmates operates. The Mandatary undertakes, under a mandate, to perform the services requested by the User on the latter’s behalf and according to his/her indications and specifications.

The User shall not request any collection and/or delivery which is against the law and public order, either due to its content or the circumstances in which the said errand is requested. The User is solely responsible for providing the correct addresses -including not only the written addresses but also its correct location in the map available at the APP - and indications on the APP to the Mandatary and shall assume any cost and inconvenience derive from their error and/or negligence.

The services made available to Users through the APP, regardless of the model, will be carried out only in case the following conditions are met at the time of payment:
- The service requested by the User must be operative during the chosen time slot.
- The products purchased, the goods to be delivered and/or the errand to be performed must be in one of the cities, and within the available area, in which Grubmates operates.
- The destination must be located in the same city area as the product and/or the collection address.
- The maximum weight of a single order will be approximately 10 kg.

Users are solely responsible for providing the correct addresses for delivery and collection on the APP -including not only the written addresses but also its correct location in the map available at the APP- and they, therefore, release Grubmates and the Mandatary from any liability for negligence or error in the collection or delivery of the order as a result of providing incorrect addresses for collection and delivery. Similarly, Users must provide all the information, in as much detail as possible, about the service and/or product to which the assignment relates. The User releases Grubmates and the Mandatary from any liability derived from negligence or error in the indications given by the User. As a result of the foregoing, the cost resulting from providing an incorrect address for collection and delivery as well as incorrect indications regarding the products to be purchased, the errands to be performed and/or the services to be provided and/or the performance of any other errand, shall be borne by the User.

If the User is not at the place indicated for delivery and, therefore, the order cannot be delivered, the User must bear 100% of the cost of the basic courier service, as well as the price of the product if one has been purchased or contracted at the User’s request. This is without prejudice to the possibility for the User to place and pay for another order, identical to the one that could not be delivered, to receive the said products or service.

The reception of the order by the User at the indicated delivery address shall be considered as acceptance of the order. In case that the order is incorrect, incomplete or contains any defect, the User shall contact Grubmates through the Whatsapp messages immediately after the reception of the order. Neither Grubmates nor the Mandatary assume any obligation of revision of the identity of the recipient of the order; the latter will be taken as correct, provided that it is at the indicated delivery address. Grubmates, therefore, does not assume any liability for the handling of the order at the incorrect person at the correct delivery address.

Users can register in the APP free of charge; nevertheless, the free character of the registration in the APP is subject to review by Grubmates at any time for any specific User or in general. In any case, Users may have to pay for certain services on the APP as provided in these General Terms. Grubmates reserves the right to change the prices on the APP at any time, by informing the Users as and if required by the applicable laws. Such changes shall take effect immediately after publication.

Grubmates will charge the User a service fee to continuously improve our overall services, providing a wider selection of vendors and continuously improving our user experience, among others. The amount of the service fee can be fixed or variable according to the value of the products. Grubmates sets the service and makes it visible to Users at the moment of the checkout of every order. In the event that the User selects the cash payment option, the service fee will be charged to the User in cash at the time of collection or delivery of the order, and the Merchant will be responsible for receiving this amount on behalf of and in the name of Grubmated. In case of payment with cash, Grubmates reserves the right to withhold the money from the User's card until payment is made at the time of delivery of the product and/or on completion of the assignment at the place of delivery. If the payment does not take place, Grubmates reserves the right to charge the card on which the money has been withheld.

In addition to the said service fee, the User must pay/reimburse the price of the products and/or services requested through the APP to Mandataties, as well as the courier or errand services provided by the Mandataries each time that a collection and/or delivery is requested by the User. In the event of bad weather conditions, oversaturation, high demand and/or any other condition that may affect the provision of the delivery services by the Mandataries, the User may experience a temporary increase in the fee for those services provided. In any case, the fee for the delivery service may also vary in cases of force majeure beyond Grubmates’ control.

In the case of orders under the Courier models, the total price of each service may depend on the order cost and the time taken by the Mandatary, as well as, where applicable in cases in which a User requests the physical purchase of a product or service, the price established by each Merchant. Grubmates reserves the right to change the price based on the distance traveled and/or the time of the day in which the service is performed. In accordance with these terms, the User will be entitled to know the approximate fee for the service before contracting it and paying for it, unless the User has not specified the address for collection.

In addition, the fee may include tips for the Mandatary and/or the local store, whose amount shall be solely and entirely at the User’s discretion; therefore, it will be solely the User who will decide on whether to tip and on the tipping amount. In any case, Grubmates may offer the possibility to Users to remember the tipping option selected; in the case that the User consents to the saving of their preferences on tipping, these preferences will be automatically applied in all future orders. The User will have the faculty to change the selected preferences at any time.

The prices applicable to each service and/or product offered in the APP are established by the Merchants and are set solely and freely by the latter. Grubmates makes its best efforts to ensure that the prices in the APP are updated and duly reflect the real price that will be applied by the Merchant; however, in certain situations above Grubmates’ control, the price indicated by the Merchant in the APP may vary. In such a case, the Merchant shall be the sole responsible for the variation of the price and the User must contact the Merchant for any claim that may correspond. In any case, the User may, in any case, contact the Merchant and/or the Mandatary to confirm the final price of the products ordered.

All the prices stated on the APP are inclusive of any taxes that may be applicable based on the territory from which the User operates and shall, in any event, be denominated in the currency in force in the territory from which the User operates.

The User acknowledges that prices of the products and services indicated by the Merchants in the APP may not always include the price of their packaging, that may be charged separately to the User if so requested by the applicable law and/or standards. In particular, but without excluding any other case, the User acknowledges that it may be charged separately the price of any plastic packaging that accompanies their order.

Grubmates and/or the Merchants reserves the right to introduce a surcharge in the order price (hereinafter, “Small Order Surcharge”) as a requirement for the processing and preparation of those orders considered as small. The consideration of small may vary depending on the country and/or moment in which the order is placed. Grubmates will clearly communicate to the User through the APP when the Small Order Surchage is applicable and its exact amount; and the User will have the faculty to either continue with the order and pay the said surcharge, modify the order and/or quit the said order before its definitive placing.

By registering through the APP, in case of providing the required bank details, Users expressly authorize Grubmates to issue receipts for payment of the services requested, including the reimbursed price and delivery of the products ordered.

The User expressly authorizes Grubmates to send him/her by electronic means, to the e-mail address or Whatsapp number provided by the User during the registration process, receipts for the services contracted and/or the bills generated either by the use of the APP, by the services provided by the Mandataries and/or the Merchants. If an invoice is required, the User must enter the relevant tax data on the APP before placing the order.

The User similarly accepts that according to the services contracted through the Grubmates, they can receive the invoices corresponding to the delivery, courier or management services, by the Mandataries.

Payment of the price of any product (such as food, drink, a gift, etc.) properly made to Grubmates by Users will discharge their obligation to pay the said price to the associated restaurants and/or establishments as well as the Mandatary, for the services provided.

Grubmates issues receipt of payments to Users acting as an agent (for collection of payments) on behalf of associated restaurants and/or establishments and Mandataries through an Electronic Money Institution. Electronic Money Institutions (hereinafter, “Payment Platforms”) are responsible for the obtention of any necessary authorisation or license to provide, directly or indirectly, regulated payment services in the territories in which Grubmates operates and for being in compliance with the current legislation applicable to the payment services provided. Therefore, Grubmates will accept no liability for the lack of authorisation or license or the breach of any applicable regulation; on the contrary, the sole and exclusive liability will lay with the Payment Platform.

Grubmates reserves the right, as a fraud prevention measure, to request a payment pre-authorisation for the products ordered through the APP, always through the Payment Platform and for the sole purpose of verifying the means of payment provided and ensuring the correct functioning and use of the APP by the Users. Such pre-authorisation shall in no event involve payment of the full amount of the order, as this will be done solely and exclusively after the products have been made available to the User, or for the reasons set forth in these General Terms.

If a User has any issues with the payment via the Payment Platform made available in the APP, the User may contact Grubmtates’ User assistance service through Whatsapp. Grubmtes will make its best efforts to provide a solution to the issue and to liaise with the Payment Platform to the extent possible; be that as it may, Grubmates is not responsible for any such issue that falls within the activity and responsibility of either the Payment Platforms or the User’s bank or assimilated financial institution.

The User may pay for the products and/or services in cash, Juice, or by credit card (via PayPal’s account). When making the order, the User will be informed of the various payment options available in the territory from which the service is being requested. Additionally, in certain territories, the User may also have the option to pay with mobile money, either via the APP or at the moment of pick up or reception of the order, as indicated through the APP in each case.

In order to pay with a credit card, the User must provide the card details through the APP as a payment method associated with his/her account. GRubmates does not store card numbers on its servers and can only view the last four digits of the card. The full information shall be stored on the servers of the Payment Platform through which payments are made.

If it is not possible to complete a charge using the selected payment method, the User authorizes Grubmates to charge the applicable fee to any other credit or debit card that the User has already registered to his/her Grubmates account.

If payment for the service can for any reason not be taken from the User, the User’s account shall be blocked until the situation has been rectified and the debt has been settled.

Grubmates shall not be obliged to implement any refund due to defects on the Merchant’s products or on the provision of the delivery services by the Mandataries. Further, any refund done by Grubmates due its high standards in Users’ satisfaction, shall not be considered as a waiver of this exclusion of liability which is inherent to Grubmates’ condition of a mere intermediary. Additionally, any return of a product as well as its corresponding refund shall be managed by the User directly with the Merchant, in accordance with the Merchant’s return policy and with section 5 of these General Terms.

Grubmates may unilaterally provide at any time credits for use within the APP, discounts, free shipping as well as any other promotion, to certain Users (hereinafter, the “Discounts and/or Promotions”). Any of these discounts and promotions may unilaterally be canceled at any time by Grubmates.

The User acknowledges and accepts that any Discounts or Promotions granted must be used only within the validity period established by Grubmates for each Discount and/or Promotion. If no validity period is specified by Grubmates at the moment of communicating and/or granting such Discount or Promotion, the validity period applicable by default will be of three (3) months from the date on which they were made available to the User. Any other validity period set by Grubmates at the moment of communicating or granting the said Discount and/or Promotion will prevail over the three (3) months default validity period stated above.

Similarly, the User acknowledges and accepts that any Discounts and/or Promotions granted may be applicable only to certain products and/or services offered through Grubmates or only under specific circumstances and conditions (e.g. first order, order within a territory, order at a specific time of the day, order of a certain type, Small Order Surcharge, etc).

Discount and/or Promotions granted to Users must be correctly entered in the APP by the User before placing the order. Otherwise, they will not take effect and the User will be unable to enjoy them. The User is responsible for making sure that the Discount and/or Promotion is applicable for the specific products or services requested through the APP and that the Discount or Promotion is still valid and fully effective.

The User acknowledges that Discounts and/or Promotions may experience a delay in its application from the moment in which these are communicated and/or granted to the User. In particular, among others, the Discounts and/ or Promotions offered by Grubmates for first Users or first orders in the APP may take between 24 and 72 hours from the time of the creation of the User account to be available. The User is responsible for making sure that the Discount and/or Promotion has been correctly entered in the APP and to review that it has correctly been applied to the order. If this delay in application exceeds 72 hours, the User can use Whatsapp to contact Grubmates’ User Support.

The User acknowledges and accepts that all Discounts and/or Promotions are valid only once per User and, therefore, may be restricted based on various characteristics such as device, credit/debit card, email address, phone number or user ID, save expressly provided otherwise by Grubmates in reference to the specific Discount and/or Promotion.

In any case, Grubmates reserves the right to unilaterally cancel and withdraw any Discount and Promotion either offered or already granted if it becomes aware of a fraudulent use thereof (such as, among others, a promotional code being redeemed by someone who is not its legitimate recipient, the mass communication of codes or the sale of codes or discounts). Furthermore, it reserves the right to apply sanctions to Users for the amount for which Grubmates has been defrauded as well as for the suspension and/or cancellation of User’s Grubmates account.

Grubmates will accept no liability if, due to an event of force majeure or other events beyond its control or whose need is justified, it is forced to cancel, shorten, extend or amend the conditions of Discounts and Promotions. In particular, Grubmates will accept no liability if the website is not available at any time during Discounts and Promotions or for a malfunction in the automated promotion system.

In accordance with the nature of the intermediation service offered by Grubmates, the User is aware that, once a Mandatary and a Merchant have voluntarily accepted an order, the execution of the mandate is considered to have started, and the User may therefore no longer be entitled to withdraw the service request free of charge. Once the User has canceled the orders, the products will not be delivered. This is without prejudice to the right of return and/or withdrawal of the User that may correspond to the User under the laws applicable, referred to in section 5.3 below.

The cost of cancellation may depend on the following factors:

- If the Merchant has already accepted the order and started preparing it, the User will be charged the price of the products. The User will be informed of the Merchant’s acceptance through Whatsapp, and/or APP and/or by e-mail at the e-mail address registered by the User.
- If the User cancels the order once the Mandatary has accepted it for processing, the User will be charged the cancellation fee. The User will be informed of the Mandatary’s acceptance through the APP. The User can see the cost of cancellation on the APP. If the Merchant and the Mandatary have both accepted the order for processing, the User will be charged both the price of the products and the cancellation fee.
- If the order must be canceled by Grubmates and/or by the Merchant, due to reasons that are not directly attributable to the User but outside Grubmates’ control (e.g. lack of stock, change in the price by the Merchant, etc), Grubmates’ agents or the Mandatary will contact the User to inform the latter of the alternatives available and the costs that these will entail, if any.

The total cost of cancellation will be sent to the User based on the factors described above.

Grubmates reserve the right to cancel an order without having to provide a just cause. Grubmates will inform the User of the said cancellation and, in the event of cancellation without just cause at Grubmates’ instance, any amount held in the User’s account and/or credit card will be released.

If a User wishes to return a non-perishable product or make a claim about the provision of a service, the Merchant that sold the said product will be the sole responsible for the acceptance and/or refusal of such return, in accordance with its own internal policies and with all applicable law. Therefore, in all cases, the return of a non-perishable product shall be subject to the Merchant’s returns policy in any event and the decision regarding whether a return is appropriate will lie with the Merchant in each case. Similarly, the Merchant will decide how to make the refund (cash, credit card, store voucher, etc.) following its own return policy.

Grubmates will neither be responsible for such return, nor for the compliance of the Merchant’s return policy with all applicable laws. This is without prejudice to Grubmates’ ability to act as an intermediary between the User and the Merchant in handling the complaint. The User must inform Grubmates of the solutions provided by the Merchant if a dispute arises.

Further, as certain Merchants may not have premises open to the public, Users will be unable to access them for the purpose of processing any claims or returns. In such cases, they must contact Grubmates’ User assistance service for the necessary help and support using the channels available on the APP.

The User must check the non-perishable products delivered by the Mandatary at the delivery address at the moment of the delivery; the User is, thus, responsible for checking that the service and/or products provided are adequate as well as, where applicable, for collecting enough evidence to prove that they were not. Therefore, if a User wishes to process the return of a non-perishable product, he/she must provide a photograph of the total order, together with a list of the incorrect or undelivered products, as well as other proof of the inadequacy of the product requested. In any event, the decision regarding whether a return is appropriate will lie with the Merchant, and not with Grubmates, in each case.

Grubmates reserves the right to enter into commercial agreements with other companies, brands, stores, entrepreneurs, professionals etc, to send promotional communications, including the addition of free samples to any orders delivered to the User’s, either occasionally or as part of recurrent sampling campaigns. In this regard, during any type of sampling campaign, certain Merchants or brands may have a prominent position if so agreed with Grubmates for the purpose of the Merchant or brand promotion. The provision of samples will not entail any additional cost to the User.

The user acknowledges and accepts that, by ordering through Grubmates, it may participate in any sampling campaign and receive various samples together with the orders made via the APP, for mainly promotional purposes.

Grubmates is, in no way, responsible for the quality and characteristics of the products provided as sample and will not be liable for any damage and/or offense caused by the delivery of the said sample. Further, Grubmates is not responsible for any sampling campaign that the Merchants offering products or services through the APP may organize and implement; while Grubmates makes its best efforts to ensure legality of Merchants’ activities and Merchants commit to respect the law when using the APP, Grubmates cannot review the content of the orders and/or any sampling campaign organized by the Merchants in their condition of independent professionals/companies.

This section presents a non-Exhaustive List of Examples of items that may be legally limited or restricted in certain countries and/or cities in which the APP operates, depending on the local legislation:

- Alcohol and tobacco products, as well as any other related and/or assimilated products.
- Animal parts or fluids; banned seeds, harmful plants; regulated plants or other organisms (including their by-products) which are endangered or whose trade is regulated by law as applicable in any case.
- Pornographic material.
- Unauthorized copies of books, music, films and other protected or licensed materials, including properly referenced copies; and unauthorized copies of software, video games and other protected or licensed materials, including from OEMs or other products that cause unsolicited messages to be sent.
- Copies or imitations of designer products or other goods; items belonging to celebrities that would usually require authentication; false autographs; foreign currency; stamps; tickets; or other unauthorized goods.
- Drugs and controlled substances, narcotics, illegal drugs and their paraphernalia, including psychoactive and vegetable drugs such as psychedelic mushrooms, as well as materials promoting their use.
- Explosives, flammable, corrosive, corrosive, toxic substances.
- Lottery tickets, bets, online betting site memberships/registrations, and related content. Permitted promotion of physical casinos.
- Deliveries of pharmaceutical products may be limited or restricted in certain countries and/or cities in which the APP operates. Prescription drugs may not be ordered/delivered. OTC (over-the-counter) medicines, ancillary medical devices, as well as any other products for hygiene, nutrition or similar for human use sold in pharmacies may be subject to the mandate given by the User to the Mandatary and to what the pharmacist may deem appropriate.
- Manuals, guides, information or equipment that infringes the law by damaging or fraudulently facilitating access to software, servers, websites or other protected property.
- Organs or other body parts; body fluids; stem cells; embryos.
- Materials, products or information that promotes illegal goods or facilitates illegal acts; goods not belonging to a person or which a person has no right to sell; goods produced in violation of third-party rights; goods infringing import, export or labeling restrictions; motor vehicles that are subject to transfer restrictions. You (the Grubmates User) are solely and fully responsible for checking that all items are genuine and legal.
- Devices aimed at obtaining satellite signals without payment, illegal products for modifying mobile phones and other equipment.
- Goods, literature, products, or other materials that: Are defamatory of any person or group of people based on their race, ethnic origin or country of origin, religion, gender, or any other factor. Are defamatory of any person or group of people who are protected from defamation by the applicable law (e.g., the royal family in some jurisdictions). Praise or incite the commission of violence. Promote intolerance or hatred. Promote or support membership of terrorist groups or other organizations that are prohibited by law.
- Offensive goods related to a criminal offense.
- Photographs of, or objects from, a crime scene, such as personal belongings, associated with criminals or criminal acts.
- Culturally protected artifacts.
- Materials covered by the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property or other goods whose sale, export or transfer is restricted by law; Artifacts, cave formations (stalactites and stalagmites).
- Pyrotechnic devices and dangerous substances requiring special permission. Pyrotechnic items and related goods in markets in which their supply is regulated, as well as substances such as petrol or propane.
- Traffic-related devices. Radars, number plate covers, illegal traffic-modification devices and related products.
- Weapons. Firearms, ammunition and other items including, without limitation, firearms, knives that are either undetectable or easy to conceal, martial arts weapons, silencers, ammunition or ammunition magazines.
- Money and Foreign Currency. Foreign currency or currencies insured with precious metals, as well as banknotes, coins or any other valuable securities.
- Primary and Secondary Schools / Use by children. We reserve the right to refuse orders from users who are minors. In addition, we reserve the right to refuse orders at any location near a primary or secondary school, as well as to ask for sufficient proof of age.

Users who accept these Terms and Conditions may view and place orders involving the purchase and/or delivery of alcoholic products delivered by Mandataries on their own decision.

By ordering, the User acknowledges that he/she is of the age foreseen and permitted by the applicable law in the territory in which the order is placed.

In any case, Grubmates reserves the right not to process/deliver any order including alcohol to those recipients of the order who cannot prove to be the User identified on the delivery, as well as the required age/other restrictions foreseen by the applicable legislation in the territory in which the User places the order. As a consequence of the foregoing, the User shall bear the full cost of the product and the costs associated with placing and canceling the order.

In those cities where the sale and/or delivery of alcoholic products is restricted in certain hours, the User must respect the proper use of the APP and, consequently, respect the time zones prohibited by the applicable legislation.

In any case, Grubmates reserves the right to refuse to process/deliver the order including alcohol outside permitted hours. As a consequence of the above, the User shall bear the full cost of the product and the costs associated with the placement and cancellation of the order.

In the event that the User transfers his/her Grubmates account to minors or persons who, due to their circumstances, may be in situations that require special protection, Grubmates reserves the right to initiate all civil/criminal actions to protect the rights of the most vulnerable people. In this regard, Grubmates undertakes to use all material and human means to control this type of fraud, but in no case is responsible for the illegal transfer of an account to another person who has not expressly accepted these Terms and Conditions.

Grubmates recommends moderate and responsible consumption of alcoholic products purchased.

Grubmates does not carry out or intermediate in the sale or advertising of medicines for human use through the APP in the countries and/or cities where this is not permitted by law, in compliance with the applicable regulations regarding the retail sale of medicines for human use

In the countries and/or cities where it is not permitted by law, Users may not place orders for medicines through the APP. In the event that the user places an order for medicinal products that are subject to an applicable prohibition of telematic intermediation, delivery and/or sale, the APP will refuse the order in accordance with the applicable legislation on the retail sale of medicinal products for human use.

In the countries and/or cities where medicines intermediation, delivery and/or telematic sale is not permitted by law, the Grubmates only has commercial agreements with pharmacies to intermediate with products related to para-pharmacy, beauty and/or care, in accordance with the applicable legislation.

In the countries and/or cities where medicines intermediation, delivery and/or telematic sale is permitted, Users may be able to order this kind of product.

In the countries where ordering medicines (over-the-counter and/or prescription medicines) through Grubmates is legally doable, according to its business model, Grubmates does not sell or advertise medicines for human use through the APP; Mandataries act as agents of those Users who order, through the APP, non-prescription drugs for human use for collection.

In these cases, Grubmates guarantees to Users the availability of a pharmacist’s advice before ordering their medication through call or message channels so that, in the event of doubt, the User can consult the pharmacist who is to dispense the product(s) through the APP, all this to ensure that the Pharmacist can dispense the correct product.

In any event, Grubmates will accept no responsibility for Users’ use of the products ordered in the Pharmacy section or be liable for the amounts and/or condition of the products dispensed at pharmacies.

In addition, the APP may provide the pharmacy that dispenses the medicine ordered by the User with the latter’s username and phone number so that it can answer the User’s questions. This disclosure of data will in any event be subject to the User’s express and unambiguous authorisation in accordance with the applicable data protection legislation.

Notwithstanding the foregoing, Grubmates reserves the right to restrict certain Users’ access to the APP, either fully or partly, as well as to cancel, suspend, block or remove certain types of content, by means of suitable technological tools, if it becomes aware, or there are signs, that the activity or the information stored is illegal or harmful to a third party’s rights or property. Further, Grubmates will not tolerate the publication of abusive language or abusive attitudes towards Grubmates, its workers, the Merchants, the Mandataries, or any other party involved in the content published in the APP.

In this regard, Grubmates may establish any filters that may be necessary to prevent the service from being used to upload unlawful or harmful content to the Internet. Any User and/or third party may contact Grubmates via legal@grubmates.io in order to notify the presence of illegal content in the APP. Grubmates will carefully examine any notification in this regard, providing that it includes a sufficiently substantiated explanation of the reasons why it is alleged that the relevant information is illegal content and a clear description and indications that allow Grubmates to identify the relevant information and its place of storage. Grubmates will, thus, make its best efforts to investigate the information denounced and to take appropriate measures for its removal if it is found illegal.

In addition, Grubmates reserves the right to decide on the algorithms and parameters applicable to the ranking of the Merchants (restaurants and/or stores) and products that appear in the APP, as well as to amend and update it. The User acknowledges and accepts that the said ranking may depend on multiple factors and metrics, including but not limited to the proximity and accessibility of the premises, prior reviews, as well as any agreement reached by Grubmates with said merchants or distributors of the products related to their positioning and visibility.

Grubmates may collaborate, either through its APP or through other interfaces with various institutions, corporate groups and non-governmental organizations in charitable and solidarity projects, donation campaigns and non-profit campaigns in some of the countries in which it operates (subject to applicable in each country). Grubmates acts as an intermediary in such projects, based solely on its good faith and its wish to contribute to social initiatives. Grubmates accepts no liability for the final use or outcome of such campaigns. Neither does it give any security or guarantee, or accept any legal liability, or have any control over how donations are used by the above-mentioned establishments.

In addition, Grubmates may develop and manage solidarity and social impact projects in the event of natural disasters, conflicts and/or any other need, as part of its social corporate responsibility policy. Grubmates will inform Users of those actions via the APP as well as any other means of communication available and allowed by the Users. Grubmates may grant Users the opportunity to collaborate in the said projects; for such purpose, Grubmates will clearly inform Users on how to participate and all relevant implications of their collaboration. These projects may be addressed to support either Merchants, Mandataries and/or third parties in need and it will be fully compliant with any applicable law.

Grubmates may collect, use and share exact location data, including the real-time geographic location of the User’s computer or mobile device, provided that this is authorized by the User. The said location data may be collected and used by Grubmates to show Users the location of the point of origin and/or destination of an order. In this regard, Users expressly consent to their geolocation data being shared with any Merchant and Mandatary, to successfully carry out the order requested at any given time. Users may choose to disable Geolocation on their devices as provided in the Data Privacy Policy.

Users are responsible for having in place the necessary services and equipment to browse the Internet and access the APP. Users can report any incidents or problems accessing the APP to Grubmates using the contact channels made available to Users, and Grubmates will analyze the incident and instruct the User on how to resolve it as quickly as possible.

Grubmates does not guarantee the absence of errors or interruptions when accessing the APP or its content, or that it will always be up to date. Therefore, Grubmates will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet access service, or Internet interruptions or for any other matters beyond its control. Notwithstanding the foregoing, Grubmates will, save in the event of circumstances making this difficult or impossible, take all steps to correct such errors, restore communication and update contents as soon as it becomes aware of the errors or disconnection or of the contents being out of date.

Grubmates accepts no liability for any security errors that may arise or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored therein, as a result of:
- The presence of a virus in the User’s computer system or mobile handset used to connect to the APP’s contents and services.
- A malfunction of the browser.
- The use of outdated versions thereof.

Grubmates hereby confirms that it has obtained all necessary licenses for the pursuit of its activities in the countries in which it operates.

Grubmates does not control, and is not responsible for, the contents uploaded by Users, Merchants and Mandataries through the APP; therefore, Users, Merchants and Mandataries are solely responsible for the lawfulness of such contents. Similarly, Grubmates does not control (and is under no obligation to control) how Users, Merchants and Mandataries use the APP. It therefore does not guarantee that they use the APP in accordance with these General Terms or in a diligent and/or prudent manner and in accordance with all laws applicable. Further, Grubmates does not check (and is under no obligation to check) the identity of Users or the truthfulness, current validity, completeness and/or authenticity of the data supplied by them.

Grubmates gives no warranties regarding the authenticity, accuracy, novelty, reliability, lawfulness or non-infringement of third-party rights by Mandataries and/or Merchants. In this regard, Users state that they understand that Grubmates is a mere intermediary and that it therefore accepts no liability arising from the information provided by Mandataries and/or Merchants or for any loss or damage that may potentially be suffered by them due to a breach of these General Terms. When an order is placed on the APP and accepted by the Mandatary, a direct relationship is established between the User and the Mandatary. Grubmates is not a party to this relationship and merely provides the APP to enable the Parties to communicate and place as many orders as may be necessary. Grubmates makes no assertions or confirmation regarding any Mandataries and Merchants or their identity or background information. Grubmates therefore recommends that Users always use common sense and remain alert when placing any order.

By becoming members of the APP, Users accept that any claims they wish to bring for legal liability arising from actions or omissions of other Users of the APP or third parties shall be restricted to such Users or third parties, and that no actions for liability may be taken against Grubmates.

Grubmates is not responsible for the content of any review left by any User, regardless of whether these are published in the APP, and will accept no liability for any damage and/or offense caused by the said reviews. Grubmates can only guarantee that solely the Users who have purchased a certain product or service through the APP will be asked to provide a review on it; nevertheless and, albeit Grubmates will make its best efforts to put in place any reasonable measure to prevent fraudulent, offensive and abusive reviews, Grubmates cannot systematically verify the reviews collected and, therefore, cannot guarantee the accuracy and truthfulness of the reviews left by the Users.

As an intermediary, Grubmates merely facilitates, via the APP, the means by which the parties involved (i.e. the Merchants, the Users and the Mandataries) may contact with each other to arrange the sale and, if desired, the delivery of the products and services to the address indicated by the User. Therefore, Grubmates is in no way responsible and does neither guarantee nor assume any liability for the products or the services offered by the Merchants or for the provision of any requested delivery services by the Mandataries. Grubmates will not check, and it is not responsible for checking, the products sent or delivered through orders on the APP. Further, Grubmates does neither prepare, nor sell nor deliver any product and, therefore, cannot be liable for its ingredients or its manipulation and the provision of any information on allergens. Notwithstanding the above, Grubmates requests all Merchants and Mandataries to abide by all applicable laws and the highest standards of health and safety in the preparation and manipulation of the products, as well as of information provision to users and consumers. Additionally, given that any food product offered via the APP is prepared and packaged at the Merchant’s establishments, Grubmates is not responsible for ensuring that food orders are delivered to Users in properly closed packages.

Furthermore, the product/services images displayed on the APP are provided for illustrative purposes only and the final product/service the User purchases may differ slightly from these images.

The Users, the Merchants and the Mandataries, release Grubmates from any liability that might arise from the availability and/or transport of products requiring specific permissions or licenses, or of products forbidden by any applicable legislation. If Grubmates becomes aware that the User, the Merchant and/or the Mandatary is/are using the APP to transport prohibited products, Grubmates may launch an internal investigation to ascertain the facts, take any legal action that may be necessary and/or block the User, Merchant or Mandatary in question until any potential investigation has been completed. The measures available to Grubmates include providing the authorities with data and information on the Users, Merchants and Mandataries.

Grubmates rejects any liability for damages of any kind that may arise from Users, Merchants and/or Mandataries’ illegal use of the APP due to the information supplied by latter to other Users, Merchants and/or Mandataries being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to Users, Merchants and/or Mandataries impersonating a third party in any kind of communication made through the APP. In particular, Grubmates accepts no responsibility for the use of the APP or for any orders that may be made by a third party from the Users, Merchants and/or Mandataries’ account.

Grubmates cannot be responsible for delivery times, as they will depend on the Merchants’ own successful operations, the preparation of orders, the Mandataries themselves, and the information furnished by Users when placing orders or their availability and response at the time of delivery; therefore, the delivery times stated on the APP are provided for indicative purposes only. Further, Grubmates will never be liable for the availability of Mandataries or for their adequate and satisfactory performance of assignments.

The Mandatary is exclusively responsible for the delivery and/or management of the goods without prejudice to the fact that, in the event of an incident, the User contacts the Mandatary and Grubmates through the APP or other enabled channels in order to resort to a possible insurance policy.

Grubmates shall also not be liable for any damage or deterioration of the goods. It is the User's responsibility to prove to the Mandatary and Grubmates that the alleged damage or deterioration has actually occurred from the time the goods have been collected from the place of origin until they have been delivered to the User, in which case the User must contact the Mandatary and Grubmates through the APP or other enabled channels in order to resort to a possible insurance policy.

However, Grubmates, as a platform that intermediates between User and Mandatary, may mediate as far as reasonably possible in the dispute that may arise between User and Mandatary during the delivery and/or management of goods through the APP.

In the event of a dispute, the User shall be responsible for informing Grubmates and contacting the Mandatary to claim any compensation.

Furthermore, any claim relating to the delivery and/or management of the goods shall be brought exclusively against the Mandatary and not against Grubmates.

Grubmates reserves the right to amend these General Terms, the Privacy Policy and the Cookie Policy at any time. Grubmates will provide prior notice of those amendments when mandatory in accordance with the laws applicable.

In addition, Grubmates reserves the right to update, amend or delete the information contained on its APP, at any time and without the need for prior notice unless mandatory as per the applicable law, with regard to its layout, presentation and access conditions, without thereby accepting any liability in relation thereto.

Grubmates is the owner or licensee of all intellectual and industrial property rights that relate to the software and the APP, as well as the content that can be accessed through it, which is uploaded to the APP by Grubmates and/or on its behalf. Including the registered trademark Grubmates®. These intellectual property rights, as well as the text, images, graphic design, navigation structure, information and content contained therein, are the property of Grubmates, which has the exclusive right to exploit the rights thereto in any manner, in particular the right of reproduction, distribution, publication and transformation, in accordance with Mauritius legislation on intellectual and industrial property rights.

The content uploaded to the APP by or on behalf of any third party, including but not limited to the Users, Merchants and Mandataries, remains their exclusive property; therefore these are fully responsible for any damage, claim and/or liability that may directly or indirectly derive from the content uploaded by them and/or on their behalf.

In spite of the foregoing, Grubmates may not be the owner or license holder of content such as names or images, among others, of companies with which Grubmates does not have a business relationship. In such cases, Grubmates acquires the content from publicly available sources, and Grubmates shall in no event be deemed to be related to any right belonging to Grubmates.

Authorizing a User to access the APP does not imply the waiver, transfer, licensing or full or partial assignment by Grubmates of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering with the contents of the Grubmates APP are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicizing, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the Grubmates APP for public or commercial purposes are also prohibited, save with Grubmates’ express written authorisation or, where applicable, that of the owner of the rights concerned.

By using Grubmates service, or/and registering on the APP and agreeing to these General Terms, the User grants Grubmates, in relation to the content that he/she may provide, a worldwide, irrevocable, and transferable license, free of charge, with the right to sub-license, use, copy, modify, create derivative works, distribute, publicize and exploit it in any way that may be deemed appropriate by Grubmates, with or without any further communication to the User and without having to pay any amounts for such uses. All the above shall be understood as granting the indicated rights only to the maximum extent permitted by the applicable legislation.

If any of the clauses of these General Terms are found to be voidable or void by operation of law, such clause(s) shall be deemed not to have been included. Such declaration of nullity will not cause the other clauses to be void, and these shall remain valid and effective between the Parties.

The relationship between Grubmates and the User shall be governed and construed in accordance with the General Terms and the laws of the relevant country in which Grubmates operates and any dispute shall be submitted to the courts of Grubmates’ registered seat in the relevant country, unless otherwise established by the applicable law.

In order to facilitate communication with the Mandatary if necessary, and in the event of any incidents in the processing of the order and/or in order to inform of any changes thereto, Grubmates makes available to Users through Whatsapp chat system allowing direct and immediate contact between the User and the Mandatary while the order is being carried out. If a User wishes to contact the Mandatary or Grubmates after the order has been completed, he/she must use the legal@grubmates.io email.

Further, Grubmates will act as intermediary for the solution of any claims related to the order placed by the User, to the User’s account and/or to any other policies and/or services provided via the APP.

All the above is without prejudice to the Users’ right to submit their complaints and/or requests through any legal means available to consumers, including any out-of-court/alternative dispute settlement bodies that legally provide dispute settlement services.