Legal Information

Terms of Service

Last Updated: [2024-10-07]

These Terms of Service (“Terms”) govern your access to and use of the HamHam platform, which enables users to place food orders, restaurants to offer meals for sale, and couriers to deliver food. By accessing or using the HamHam platform, you agree to be bound by these Terms.

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1. Key Principles

HamHam operates a platform connecting three parties: users (customers), restaurants, and couriers (delivery personnel). We act as an intermediary facilitating transactions between these parties but do not provide food or delivery services directly.

  • Users place food orders through the HamHam app or website.
  • Restaurants prepare the food.
  • Couriers deliver the food to users.

Each party agrees to the terms outlined below, and HamHam acts as a service facilitator for transactions among users, restaurants, and couriers.

2. Definitions

  • User: An individual who orders food through HamHam.
  • Restaurant: A business that prepares and sells food via the HamHam platform.
  • Courier: A person or service responsible for delivering food to users.
  • HamHam: The platform provider facilitating communication and transactions among users, restaurants, and couriers.

3. Service Description

HamHam provides access to:

  • Users: The ability to browse menus, place orders, and arrange delivery.
  • Restaurants: A platform to offer food for sale to users.
  • Couriers: A platform to receive and fulfill delivery requests.

When you place an order as a user, you are entering into separate agreements with the restaurant for the purchase of food and with the courier for the delivery service. HamHam merely facilitates these transactions.

4. User Responsibilities

  • Users must provide accurate information for deliveries, including correct address and contact details.
  • Payments are made through the HamHam platform. Users agree to pay for all charges related to their order, including food costs, delivery fees, and any applicable taxes.
  • Users are expected to treat couriers and restaurant staff with respect and in compliance with applicable laws.
  • Users may rate couriers and restaurants, which helps maintain service quality.

5. Restaurant Responsibilities

  • Restaurants must prepare food in accordance with local health and safety regulations.
  • Restaurants are responsible for keeping their menu, prices, and availability up to date on the HamHam platform.
  • The prices on HamHam must be the same as in the restaurant.
  • Restaurants agree to fulfill orders in a timely manner.
  • Restaurants will be paid for orders minus the agreed HamHam service fee.

6. Courier Responsibilities

  • Couriers must deliver food orders in a timely manner and ensure the food arrives in good condition.
  • Couriers are responsible for maintaining appropriate licenses and insurance necessary for delivery services.
  • Couriers are expected to behave professionally and follow applicable transportation laws during deliveries.

7. Fees and Payments

  • Users: Payments are processed through HamHam's secure payment system. Total fees include the price of the food, delivery charges, and applicable taxes. Any issues related to payments should be raised immediately with HamHam customer support.
  • Restaurants: Restaurants agree to pay a service fee to HamHam for each completed order. This fee is deducted from the total payment before transferring the remaining amount to the restaurant.
  • Couriers: Couriers are paid per delivery, with rates determined by distance, time, and other factors. Payments are made directly through the HamHam platform.

8. Cancellations and Refunds

  • Users: Users may cancel an order as long as has not been accepted by the restaurant. Cancellation policies may vary, and any applicable fees will be displayed before confirming the cancellation.
  • Restaurants: If a restaurant cannot fulfill an order, it must notify the client via  HamHam immediately. In such cases, the user will be refunded.
  • Couriers: Couriers may reject delivery requests. However, once a delivery has been accepted, they are obligated to complete it unless exceptional circumstances arise.

9. Ratings and Feedback

Users and couriers may provide feedback and ratings for each transaction. These ratings help maintain service standards and foster accountability among users, restaurants, and couriers.

10. Dispute Resolution

  • Users: For any issues with food quality or delivery, please contact HamHam customer support. We will assist in resolving disputes with the restaurant or courier where possible.
  • Restaurants: In case of disputes regarding payments or orders, contact HamHam's support team.
  • Couriers: For payment or delivery-related issues, couriers should reach out to HamHam’s courier support team.

11. Limitation of Liability

HamHam is not liable for any direct or indirect damages resulting from the use of the platform, including but not limited to issues with food quality, delivery delays, or inaccurate information provided by users, restaurants, or couriers.

  • HamHam is not responsible for the conduct of restaurants, users, or couriers outside of facilitating transactions via the platform.
  • HamHam does not guarantee the availability of services or uninterrupted access to the platform.

12. Termination

HamHam reserves the right to suspend or terminate access to the platform for any party (users, restaurants, or couriers) in the event of a breach of these Terms.

  • Users: May terminate their use of HamHam at any time by closing their account.
  • Restaurants and Couriers: HamHam may terminate relationships with restaurants and couriers for repeated violations of these Terms or local regulations.

13. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of of the country the order has been placed in, without regard to conflict of laws principles. Any disputes arising out of or relating to these Terms will be subject to the jurisdiction of the courts of the country the order was placed in.

14. Updates to Terms

HamHam reserves the right to update or modify these Terms at any time. We will notify users, restaurants, and couriers of significant changes, and continued use of the platform after such changes constitutes acceptance of the updated Terms.