Go Food

User Terms and Conditions

These terms & conditions apply to the relations between LAC Global and the Customers of ‘GO Food’.

1. Definitions

Offer: the range of products and services offered by the Restaurant that can be ordered by the Customers through the Platform.

Order: an order placed by the Customer with the Restaurant through the Platform as regards the Offer

Customer: a natural person (over 18 years) or legal entity placing an Order through the Platform.

Delivery: a natural person (over 18 years) or legal entity delivering food through the Platform.

Agreement: an agreement between the Customer and the Restaurant regarding an Order and the delivery or collection of the Order.

Platform: the website(s), apps, tools, and other equipment of LAC Global and its affiliated companies and business partners on which the Service is made available.

Restaurant: a company that prepares and sells meals, beverages, and related articles and uses the platform for the establishment and payment of the Agreements.

Restaurant information: the information about the Restaurant, among other things, company and contact information, product range (meals, side dishes, options and beverages, including allergens,), prices for each product (including VAT), company logo, graphics, delivery area (including postal codes), delivery costs, and minimum order amount and other information about the Restaurant.

Service: the commercial services and/or activities that are offered to the Customer by LAC Global, including publication of the Offer, facilitation of the conclusion of Agreements, and transmission of Orders to the relevant Restaurant. The agreement with and services provided by the Restaurant to the Customers are not part of the service of LAC Global.

LAC Global: LAC Global UG, LAC Global Limited, acting for itself and on behalf of any corporate entity or person that controls, are controlled by or under the common control, directly or indirectly, with LAC Global.

Tip: voluntary amount paid by a customer intended for the courier delivering the Order.

2. Identity of LAC Global

LAC Global operating under the name of ‘GO Food’ Address principal place of business:

45 Kipling Avenue, RM18 8HF Tilbury, United Kingdom. UK Company Number: 13129378, VAT No.: 367 9128 57. Email: info@lacgloballimited.com Correspondence address: LAC Global UG

Marktstr. 41, 42369 Wuppertal, Germany Email: info@lacgloballimited.com Correspondence address: LAC Global Limited

134 Westland BLVD, Accra-Ghana Email: info@lacgloballimited.com

3. Applicability

The present General Terms and Conditions are only applicable to the Service.
By placing an Order the Customer directly concludes an Agreement with the Restaurant for delivery of the Offer selected by the Customer.
LAC Global is not responsible for the Offer.

4. The Offer

LAC Global publishes the Offer on behalf of the Restaurants on the Platform, by the Restaurant information supplied by the Restaurants. LAC Global does not verify the accuracy or completeness of the restaurant information and is not responsible for the performance of the Agreement.
The Restaurant may use ingredients and additives in meals and drinks, that could cause allergies and intolerances. If a Customer is allergic to any foodstuffs, we advise you to contact the Restaurant by telephone for current allergen information before placing an Order.

5. The Agreement

The Agreement is effective from the moment the Customer finalizes the Order at the end of the process of placing an Order through the Platform.
After receipt of the Order, LAC Global will electronically confirm the Order to the Customer.
The Agreement can only be executed by the Restaurant if the Customer provides correct and complete contact and address information when placing the Order. The Customer is obliged to immediately report any inaccuracies in the (payment) data supplied or mentioned to LAC Global or the Restaurant.
The Customer is required to be available by telephone or email (as indicated when placing the Order) for both the Restaurant and LAC Global for information on the status of his Order.
If the Customer decides to have the Order delivered, the Customer must be present at the delivery address indicated by the Customer to receive the Order items. If the The customer is not present at the delivery address when the Order is delivered, and the Order is being delivered by LAC Global (rather than the Restaurant itself) LAC Global will make reasonable efforts to contact the Customer to determine where to leave the Order. If LAC Global is unable to contact the Customer, LAC Global may leave the Order at a reasonable location outside, close to the delivery address. LAC Global will not be responsible for the Order (including the quality or safety of the contents of the Order when the Customer finds it) after delivering the Order. Please note that when the restaurant is delivering the Order itself, rather than using LAC Global’s delivery services (GO Food Delivery), the Restaurant will decide whether to leave the Order outside the delivery address if the Customer is not present.
If LAC Global delivers the Order on behalf of the Restaurant, LAC Global may charge the Customer delivery costs. The current delivery costs are stated on the Platform before a customer place an Order. A receipt for these delivery costs can be requested with LA Global (through GO Food).
If the Customer decides to collect the Order, he should be present at the selected time at the collection location of the Restaurant, as indicated in the confirmation email, text message or on the Platform.
Upon ordering as well as when delivering or collecting Orders containing alcoholic products or other products with an age limit, LAC Global and the Restaurant can, under applicable laws and regulations, ask the Customer for identification. If the customer cannot identify himself adequately or does not meet the minimum age requirements, the alcoholic products of the Order will not be delivered, and LAC Global and the Restaurant is also free to refuse the Order in its entirety. If the alcoholic products are not delivered under this section, the Customer may be charged a cancellation fee, which cancellation fee will consist of at least the value of the alcoholic products from the respective Order.
LAC Global does not accept any liability relating to the execution of the Agreement.
After placing the Order, the Customer can upon his sole discretion choose to tip a courier via the available online payment methods.
The Tip is intended for the couriers and cannot be considered as payment for services of LAC Global. LAC Global will thereby only act as a trustee and transferor of the tip amounts.
LAC Global will transfer the Tip to the couriers in case those are directly engaged via GO Food. In case a courier is not engaged via LAC Global but directly by the Restaurant, LAC Global transfers the Tip to the Restaurant and obliges the Restaurant to pay out the Tip to the courier. LAC Global cannot guarantee or be held responsible for the transfer of the Tip from the Restaurant to the courier.
After the Customer has received confirmation of placing the Tip, the Tip cannot be refunded or returned

5.1 Legal framework

The GO Food Platform enables the Client to order Goods from Partners and arrange the delivery of the Orders to the Drop-Off Location/ Delivery address.
For the sale of Goods through the GO Food Platform a Sales Agreement is concluded directly between the Client and the Partner. For the delivery of the Order, the Client/Customer enters into a Delivery Agreement directly with the Courier. The Sales, the agreement and the Delivery Agreement are deemed to be concluded from the moment that the Order is confirmed on the GO Food Platform.
By operating the GO Food Platform and the Marketplace, LAC acts only as a provider of the information society service and is neither a party to the Sales Agreement nor the Delivery Agreement. LAC is not the manufacturer or seller of the Goods or provider of the delivery services and is not liable in any way for the performance of the Sales Agreement or the Delivery Agreement.
By operating the GO Food Platform, LAC acts as the agent for the Partners in the mediation of Sales Agreements between the Partners and the Clients. LAC also acts as the agent for the Couriers in the mediation of Delivery Agreements between the Couriers and the Clients. As the agent LAC has been authorized by each Partner and each Courier to receive payments from the Clients on behalf of the respective principal and allocate the received funds between the Partners and the Couriers.

6. Dissolution of the Agreement and cancellation of the Order

Considering the perishable nature of the Offer, the Customer shall not be entitled to dissolve the Agreement. Orders cannot be canceled by the Customer with GO Food. Cancellation of the Order with the Restaurant is only possible by the Customer if the restaurant explicitly indicates that Cancellation of the Order by the Customer is possible.
The Restaurant is entitled to cancel the Order, e.g., if the Offer is no longer available, if the Customer has provided an incorrect or inoperative telephone number or another contact information, or in case of force majeure.
If the Customer places a false Order (for example by providing incorrect contact information, by not paying or by not being present at the delivery or collection location to receive the Order) or otherwise fails to comply with his obligations under the Agreement, LAC Global shall be entitled to refuse any future Orders from such Customer.
LAC Global is entitled to refuse Orders and cancel Agreements on behalf of the Restaurant, if there is reasonable doubt about the correctness or authenticity of the Order or contact information. If the Customer places Orders that appear as false or fraudulent, LAC Global may report this to the police.

7. Withdrawal

The Customer cannot revoke an Order with the Restaurant, as far as the delivery of goods is concerned: i. which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are tailored to the personal needs of the consumer (§ 312g (2) no. 1 BGB); ii. which can spoil quickly or whose expiry date would be exceeded quickly (§ 312g para. 2 no. 2 BGB); iii. which for reasons of health protection or hygiene are not suitable for return if their seal has been removed after delivery (§ 312g para. 2 no. 3 BGB); iv. if these were inseparably mixed with other goods after delivery due to their nature (§ 312g para. 2 no. 4 BGB).
For the part of the order which does not fall under the exclusion facts mentioned above, the Customer is entitled to a right of withdrawal insofar as the Customer is a consumer within the meaning of § 13 BGB. 'Consumer' is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
LAC is entitled to remove a Client from the GO Food Platform with immediate effect and/or refuse or cancel any Orders, if the Client causes any abuse or harm to the GO Food Platform, if LAC has a reasonable belief of fraudulent acts by the Client when using the GO Food Platform, or if the Client otherwise fails to comply with his/her obligations under these General Terms (e.g. by not being present at the Drop-Off Location on several occasions, as per Section 5).
The Client may not use the GO Food Platform for money laundering purposes. If the Client violates this Section 7, LAC may permanently suspend the Client from using the GO Food Platform.

Cancellation

Right of withdrawal:

You have the right to cancel the contract with the Restaurant within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must send a clear statement (eg a letter, fax but preferably an e-mail) to LAC Global (LAC Global, 45 Kipling Avenue, RM18 8HF Tilbury, UK / LAC Global UG, Marktstr. 41, 42369 Wuppertal, Germany, info@lacgloballimited.com, about your decision to cancel the Agreement. In order not to exceed the cancellation period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation:

If you revoke the Agreement, the Restaurant has to return all your payments, including delivery costs (except for the additional costs that result from you selecting a different type of delivery then the most favorable standard delivery offered by us), immediately and no later than fourteen days from the day on which the notification of your cancellation of the contract has been received by us. For the repayment, the Restaurant uses the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for repayment fees.

The Restaurant may refuse to repay until it has received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics, and functioning of the goods model withdrawal form.

If you want to cancel the Agreement, please fill out the underlying form format and send it to us: to LAC Global (LAC Global, 45 Kipling Avenue, RM18 8HF Tilbury, UK / LAC Global UG, Marktstr. 41, 42369 Wuppertal, Germany, info@lacgloballimited.com)

I/we (*) hereby revoke the Agreement concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)

Name of the consumer (s)

address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
date
(*) Delete as appropriate.

8. Payment and Invoicing

At the moment the Agreement is concluded by the provisions of these Terms and Conditions, the Customer is obliged to pay the Restaurant for the Order. The Customer may fulfill this payment obligation by using an online payment method through the Platform or by payment to the Restaurant at the door or the collection location.
Subject to the provisions of these Terms and Conditions for Customers, the (partial) reimbursement of an online payment shall only be possible if the Order cannot be delivered (entirely). The reimbursement shall always be made into the same account as the one from which the payment has been made. Depending on the payment method used by the Customer, the processing of the reimbursement will take a maximum of 10 working days.
The Restaurant has authorized LAC Global to accept the Customer’s online payment on behalf of the Restaurant.
The Client has to pay the Goods Price to the Partner in the amount indicated on the GO Food Platform. Goods Prices in the GO Food Platform may differ from the Goods Prices in the Partner’s establishment. The Goods Prices on the GO Food Platform may be changed from time to time before making an Order.
The Client has to pay the Courier Fee to the Courier in the amount calculated by the GO Food Platform. The Courier Fee will be calculated taking into account the time of delivery, length of delivery route means of delivery, and other criteria. The applicable Courier Fee will be indicated to the Client before confirmation of the Order. The details of the calculation of the Courier Fee may be adjusted from time to time by the GO Food Platform taking into account the market situation, supply and availability of the Couriers on the Marketplace, and other factors relating to the service.
LAC has the right to establish a Minimum Order Value by Section 3.3. In such case the Client will reimburse the difference between the Order Price and the Minimum Order Value to the Courier in the form of a Small Order Fee.
LAC, acting as an agent of the Partner and the Courier, shall prepare and issue to the Client informational receipts for the Goods Price on behalf of the Partner and the Courier Fee and (where applicable) the Small Order Fee on behalf of the Courier, and accept the Client’s payment for the cash register’s receipts on behalf of the Partner and the Courier. LAC is authorized to collect the Goods Price, the Courier Fee, and (where applicable) the Small Order Fee from the Client on behalf of the Partner and the Courier respectively and distribute the sums accordingly to the respective principal.
All payments are processed from the Client’s payment card or other payment methods activated by the Client on the GO Food Platform, except for cash payments. Payments are processed through a third-party payment processor. Upon confirming the Order the Client authorizes the payment with its payment card or using another eligible payment method in the amount of the Order Price, and the respective amount will be reserved on the payment card or through other means of payment. The payment related to the Order will be performed and charged from the Client’s payment card or using other payment methods within 72h from confirmation of the Order.
The payment obligations of the Client arising from the Sales Agreement and the Delivery Agreement isn't (if applicable) are deemed to be fulfilled respectively towards the Partner and the Courier (if applicable) when payment has been performed to LAC and charged from the Client’s credit card or, as the case may be when the Client has paid the Order Price in full to the Courier in cash upon the delivery of the Order or the Client has paid the Order Price in full to the Partner directly in case of self-pick-up by the Client. If the Order Price cannot be reserved on the Client’s credit card, the Order will not be forwarded to the Partner, except for cash payments to the Courier upon the delivery of the Order or direct payment to the Partner in case of self-pick-up by the Client.
LAC may facilitate an option to the Client that allows the Client to pay for the Order in cash to the Courier upon the delivery of the Order. In such a case, the Client shall pay the Order Price to the Courier in cash upon delivery of the Order to the requested Drop-Off Location. LAC may, at its discretion, limit cash payments for a specific Client.
In case of cash payment, the Courier shall insert the sum of cash received from the Client into the GO Food Platform. In case the sum does not correspond to the payment obligations of the Client arising from the Sales Agreement and the Delivery Agreement, then the balance shall automatically:
1. decrease by the amount paid less for the Order or by the full Order Price (e.g. in case the Client is not present at the Drop-Off Location, the Client refuses to pay, etc);
2. increase the amount paid for the Order.
The Balance shall apply automatically upon placement of an Order. The Balance cannot be exchanged for cash.
LAC, at its sole discretion, can make promotional offers and discounts regarding the Goods Price or the Courier Fee.

9. Complaints settlement

Complaints from the Customer about the Offer, the Order, or the performance of the agreement is to be filed with the Restaurant. The sole responsibility for the Offer of the restaurant and the performance of the Agreement lie with the Restaurant. LAC Global may only assume a mediating role.
If the Customer has a complaint as regards the Service, the complaint is to be communicated using the contact form, by email, or by ordinary mail to the LAC Global customer service, at the contact address as indicated in the present Terms and Conditions for Customers.
Once the complaint has been received by LAC Global, the latter shall react as soon as possible, but not later than within one week, with a confirmation of receipt. LAC Global aims to handle the complaint as soon as possible, but not later than within two weeks.
Complaints, as described in this article, must be filed promptly within due time after the customer has detected the shortcomings, be fully and clearly described and filed with the respective Restaurant or LAC Global.
The European Commission manages an ODR platform. This platform can be found at http://ec.europa.eu/odr. LAC Global explicitly excludes the use of any Alternative Dispute Resolution as referred to in Directive 2013/11/EU. The email address of LAC Global is info@lacgloballimited.com.
LAC Global is not willing or obliged to participate in dispute resolution procedures before a consumer arbitration board.

10. Newsletter

When placing the Order, the Customer may also subscribe to the LAC Global newsletter. The Customers can unsubscribe from this newsletter through the Platform or by contacting customer service (see Correspondence Address; in article 2 of these Terms and Conditions for Customers). There are no other costs than the transmission costs according to the basic tariffs.

11. Reviews of the Restaurant

LAC Global offers customers the opportunity to rate the performance of the Restaurant. The customer’s ratings must not be radical, sexist, insulting, libelous, or otherwise unlawful content and should otherwise violate any third-party rights (including intellectual property rights).
LAC Global may post reviews on the platform and remove them from the platform if the ratings violate the mentioned criteria.

12. Inspection and correction of stored personal data

LAC Global shall process personal data relating to the Customer. The processing of personal data is subject to the Privacy Statement.

13. LAC Global's liability

LAC Global shall not accept any responsibility or liability for the contents of the Offer, the Restaurant information on the Platform, and/or Platform availability.
Apart from this, LAC Global is liable as follows:
1. In the following cases LAC Global is liable by the statutory provisions for reimbursement of expenses and damages (hereinafter referred to as “Damages” in case of liability under the Product Liability Act (Produkthaftungsgesetz), in case of intent or fraudulent misrepresentation, in case of gross negligence, for injury to life, body or health, upon acceptance of a warranty by LAC Global and in all other cases of mandatory liability.
2. LAC Global is also liable for the culpable violation of so-called cardinal obligations for damages by the statutory provisions. Cardinal duties in this sense are all obligations whose infringement jeopardizes the achievement of the purpose of the contract as well as all obligations of which the fulfilment enables the proper execution of the contract and on whose observance the restaurant may regularly rely. However, as far as the breach of a cardinal obligation was only slightly negligent and did not lead to injury to life, limb, or health, claims for damages are limited in height to the typical foreseeable damage.
3. Incidentally, claims of the Customer for damages against LAC Global- for whatever legal the reason, in particular for material defect, lack of rights, and/or breach of other obligations under the obligation or from a pre-contractual obligation (zBiSv § 311 Abs. 2 BGB) or from tort by LAC Global, its legal representatives, employees, or agents, from § 311 a BGB– is excluded.
4. Insofar as the liability of LAC Global is limited or excluded according to the above provisions, this also applies to the personal liability of the legal representatives, employees and agents of LAC Global.
5. A change in the burden of proof to the detriment of the Customer is not intended with the provisions above.
6. An exclusion or a restriction of claims of the Customer on default interest or the lump sum according to § 288 Abs. 5 BGB or on the compensation of the damage, which is justified in costs of the legal pursuit, is not intended with the above regulations.
7. Claims of the Customer for damages expire and conform to their statutory time limitation.

14. Other

Exclusively the law of the Federal Republic of Germany, United Kingdom, and Ghana excluding the UN Sales Convention apply.
If any provision of these Terms and Conditions (or any part thereof) is ineffective, this shall not affect the validity of the agreement between the customer and LAC Global regarding the Service or Agreements.
These Terms and Conditions are written in multiple languages and all versions shall have equal validity. If there is any conflict or inconsistency between the versions, the English version shall be the governing and prevailing version.

15. Licencing, intellectual property rights, and data processing

By registering on the GO Food Platform, LAC grants the User a revocable, non-exclusive, non-transferable, non-sublicensable license to use the GO Food Platform to order Goods and arrange the delivery of the Orders.
All intellectual property rights regarding the software, documentation, or information used or developed by or on behalf of LAC during the provision of the information society services under these General Terms (incl. the GO Food Platform and any material uploaded therein) belong to LAC (or, sometimes, to a limited extent, the Partner). The User shall not copy, modify, adapt, reverse-engineer, decompile, or otherwise discover the source code of the GO Food Platform or any other software used by LAC or extract or use any data on the GO Food Platform for commercial purposes or any other purpose than ordering Goods. The User shall use the GO Food Platform solely for his/her personal, non-commercial purposes.
The principles for processing the Users’ and Clients’ data are set out in the Privacy Policy is available on the GO Food Platform.
LAC is not providing any warranties, guarantees, purposes, or representations regarding the quality of the GO Food Platform, including regarding the absence of apparent or hidden defects, fitness for ordinary or particular (special) purposes and LAC is not required.

Appendix

WITHDRAWAL FORM

LAC Global UG LAC Global Limited Marktstr. 41 45 Kipling Avenue 42369 Wuppertal OR RM18 8HF Germany Tilbury – Essex (United Kingdom)

I hereby give notice that I withdraw from the following sales agreement: Ordered on: [to be completed by the Client]

Name of the Client: [to be completed by the Client]

Address of the Client: [to be completed by the Client]

Signature of the Client (only if this form is notified on paper):

Date: [to be completed by the Client]

Courier Terms and Conditions

These General Terms shall apply to all relations between LAC and the Courier in the course of using the GO Food Platform, as defined below. By signing up for the GO Food Platform, the Courier agrees to the application and content of these General Terms and is informed about the processing of the Courier’s personal data disclosed during registration and use of the GO Food. The platform on the conditions set out in these General Terms and the Privacy Policy.

1. Definitions

Order Delivery Cost: the actual total cost of each delivery to be reimbursed to the Courier. The amount of the Actual Delivery Cost is calculated in accordance with Section 8 below.

Agency Fee: the fee payable to LAC by the Courier by Section 7 below for the provision of agency services to the Courier.

Balance: amount balance of the Courier on GOFood Platform calculated in accordance with Section 9 below.

LAC: LAC Global UG, LAC Global Limited, acting for itself and on behalf of any corporate entity or person that controls, are controlled by or under the common control, directly or indirectly, with LAC Global.

GO Food: the delivery platform operated by LAC as the information society service that: a) enables the Partner to market its Goods with delivery option entered, to Users and enter into Sale Agreements for the sale of Goods to Clients, b) enables the Users to place Orders of Goods with the Partner, enter into the Sales Agreements as Clients and arrange the delivery of the Order from a Courier and c) enables the Courier to offer delivery services to the Clients for the delivery of the Orders.

Client: any User of the GO Food Platform that has placed an Order and enters into a Sales Agreement with the Partner and a Delivery Agreement with the Courier Confidential Information: know-how, trade secrets, by and other information of a confidential nature (including, without limitation, all proprietary technical, industrial and commercial information, customers’ and suppliers’ data and techniques in whatever form held as well as an information regarding: a) the business, and b) the contents of the General terms.

Courier Fee: the fee for the delivery services related to an Order, that the Client pays to the Courier under the Delivery Agreement. The Courier Fee is calculated in accordance with the principles set out in section 8.

Delivery Agreement: the agreement between the Client and the Courier for the delivery of the Oraboutbyer, concluded through the GO Food Platform.

Drop-Off Location / Delivery Address: the address indicated on the Order, where the Client wishes to receive the ordered Goods.

General Terms: these terms and conditions applicable to the relationship between LAC and the Couriers in relation to the use of the GO Food Platform by the Couriers.

Goods: any goods that the Partner sells through the GO Food Platform. Marketplace: the arrangements and functionalities of the GO Food Platform that facilitate the use of on-demand delivery services provided by the Couriers.

Marketplace Fees: the fees that are payable to the Couriers in accordance with section 8.

Minimum Order Value: the amount determined by the GO Food Platform which indicates the minimum Goods Price for which an Order can be placed through the GO Food Platform.

Small Order Fee: the fee payable by the for agreedveryaboutClient to the Courier in accordance with section 7 in order to compensate the difference between the Minimum Order Value and the Goods Price of a particular Order.

Order: the order of Goods that the Client has placed with the Partner.

Partner: the operator of any restaurant or store that LAC has concluded ane agreement with and where relevant, each and every establishment through which the operator conducts its business.

Request: a signal sent out to one or more Couriers, indicating the time and location of Order pick-up.

User: any person that has registered a user account on the GO Food Platform and uses the services of the GO Food Platform through that user account.

2. Identity of LAC Global

LAC Global operating under the name of ‘GO Food’ Address principal place of business:

45 Kipling Avenue, RM18 8HF Tilbury, United Kingdom.

UK Company Number: 13129378,

VAT No.: 367 9128 57.

Email: info@lacgloballimited.com

Correspondence address: LAC Global UG

Marktstr. 41, 42369 Wuppertal, Germany

Email: info@lacgloballimited.com

Correspondence address: LAC Global Limited

134 Westland BLVD, Accra-Ghana

Email: info@lacgloballimited.com

3. Legal Framework

The GO Food Platform enables the Client to order Goods from Partners and arrange the delivery of the Orders to the Client.
For the delivery of the Order, the Client enters into a Delivery Agreement directly with the Courier. The Delivery Agreement is deemed to be concluded from the moment that the Courier has accepted the Request through the GO Food Platform.
By operating the GO Food Platform, LAC acts only as a provider of the information society service and is not a party to the Delivery Agreement. The Courier is not employed by LAC and does not act as LAC’s subcontractor, but provides the delivery service to the Client as an independent contractor.
By operating the GO Food Platform, LAC acts as the agent for the Couriers in relation to mediation of Delivery Agreements between the Couriers and the Clients. As the agent LAC has been authorized by each Courier as principal to receive certain payments from the Clients and Partners on behalf of and/or for the benefit of the Couriers and allocate the received funds between the Couriers in accordance with these General Terms.

4. Means of Delivery

The Couriers may choose the means for providing the delivery service at their own discretion.
The Courier is solely responsible for complying with all relevant laws and regulations for operating and using the chosen means of transport (e.g. licenses, insurance, etc).

5. Provision of Services in GO Food Platform By Courier

After receiving the account details from LAC, the Courier may commence using the GO Food Platform on the Courier’s smartphone or tablet. LAC does not provide the devices or sufficient internet connection for using the GO Food Platform. LAC is not liable for the effective functioning of the GO Food Platform in any device.
The Courier warrants that during the course of providing the delivery service, it complies with all relevant laws and regulations applicable to the provision of delivery services to the Client and with all requirements set out in Schedule 2 (Requirements for providing delivery service).
The detailed instructions and guidelines for using the GO Food Platform are set out in Extension 3 (Instructions for using GO Food Platform). The Courier may not use the GO Food Platform for purposes or in a manner that is not in line with the General Terms and may not otherwise cheat the system.
The Courier may provide the delivery service during all times that it has signed in the GO Food Platform. The Courier is welcome that to wear LAC branded clothes, if the Courier has opted to buy them, at all times, taking into account the limitations below. For the provision of the delivery service of Goods which contain food, the Courier may use the thermo-bag provided by LAC or a personal thermo-bag. During the provision of delivery service under the GO Food Platform the Courier is restricted to use any clothing accessories or equipment which displays or includes any logos or branding of a competing delivery platform. In any event, the Courier may not use any clothing, accessories or equipment displaying LAC logos or branding combined with any clothing, accessories or equipment displaying the logos or branding of competing delivery platform.
The Courier may choose the time and duration of providing the delivery service on the GO Food Platform at its own discretion. Notwithstanding the above, the Courier must complete the delivery of any accepted Order before discontinuing the provision of services.
The Courier will ensure and be responsible that itself and where relevant, its employees and/or contractors, comply with the requirements for providing the delivery service, as set out in Extension 2 of these General Terms. All fees earned for the deliveries made by the Courier’s employees and/or contractors will be credited onto the bank account of the Courier, who will distribute the fees as agreed with the employee and/or contractor.
The Client may leave feedback and make complaints regarding the delivery service through the GO Food Platform. LAC shall tend to the complaints at its own discretion, investigate the complaint (where necessary) and decide on the further course of action in resolving the complaints. If the Courier has materially breached its obligations or has received several complaints, LAC has the right to temporarily or permanently suspend the Courier from using the GO Food Platform.
LAC is entitled to change, modify or discontinue either temporarily or permanently the provision of the information society service through the GO Food Platform at any given time.

6. Pickup of Order

The Courier has to pick up the accepted Order at the time and location indicated on the GO Food Platform.
In case the Goods contain food, the Courier has to place the food, which is previously packaged by the Partner, into the thermo-bag without adding or removing any packaging.

7. Delivery of Order

The Courier may choose the route of delivery at its own discretion, provided that the Order is delivered to the address indicated on the GO Food Platform as soon as reasonably possible, taking into account the traffic and weather conditions. The GO Food The clienThe platform calculates a suggested route and an estimated delivery time for the delivery of the Order, which are not binding to the Courier.
The Courier may not open the packaging of the Partner and has to deliver the Goods as prepared by the Partner. The Courier is not allowed to change, modify, add to, remove from or temper with the Goods in any way.
The Courier has to hand over the Order to the Client at the Drop-Off Location indicated on the GO Food Platform. Detailed instructions for cases where the Courier is unable to deliver the Order at the Drop-Off Location is set out in Extension 3 (Instructions for using GO Food Platform).
In case the Order contains alcohol, tobacco, energy drinks or any other product requiring age verification under the applicable law, the Courier has to verify that the Client is old enough to legally purchase the products by checking a valid photo identification of the Client before handing over the products (if applicable). In case the Client is not old enough or does not present a valid photo identification, the Courier may not hand over the products.
In case the delivery of alcohol is restricted during a particular time slot, it is the Courier’s responsibility to hand over the alcohol to the Client only during the times allowed under applicable laws.

8. Fees

For each delivery the Courier will receive the Actual Delivery Cost, which is calculated by the GO Food Platform by the principles of dynamic pricing, taking into account the distance and time of delivery, the traffic situation, weather conditions, the pool of couriers available on the Marketplace and other factors.
Courier acts as an independent contractor for the Client and as part of the Actual Deliver Cost the Courier shall be entitled to a Courier Fee payable by the Client for the delivery service rendered under the Delivery Agreement. The Courier Fee is calculated by the GO Food App for each delivery.
If an Order is subject to Minimum Order Value, the Client will reimburse to the Courier the Small Order Fee.
LAC will procure that the difference between the Actual Delivery Cost and the aggregate amount of the Courier Fee and (where applicable) the Small Order Fee will be compensated to the Courier in the form of Marketplace Fees either by (i) paying the Marketplace Fees to the Courier or (ii) collecting the Marketplace Fees from Partners on behalf of the Couriers and forwarding the Marketplace Fees to Couriers.
If the Courier Fee together with the Small Order Fee (where applicable) exceeds the Actual Delivery Cost, then LAC is entitled to charge Agency Fee from the Courier in the amount by which the sum of the Courier Fee and (where applicable) the Small Order Fee exceeds the Actual Delivery Cost.
The details of calculation of the Actual Delivery Cost will be adjusted from time to time by LAC taking into account the number of orders, market situation, weather conditions, supply, availability of the Couriers on the Marketplace, and other factors related to the delivery service.
LAC may establish a marketing fee payable to the Couriers for participating in the marketing of LAC brand.
LAC has the right to establish other fees applicable to the Courier by updating these General Terms and notifying the Courier through the GO Food Platform thereof.

9. Payments and Invoicing

LAC, acting as an agent of the Courier, shall prepare and issue to the Client the invoice(s) for the Courier Fee and (where applicable) for the Small Order Fee on behalf of the Courier and accept the Client’s payment for the invoice(s) on behalf of the Courier, except for cash payment. The payment obligation of the Client arising from the Delivery Agreement is deemed to be fulfilled when the payment is credited ontthe Ifan The client deposit the bank account of LAC or, as the case may be, when the Client has paid the Courier Fee and (where applicable) the Small Order Fee in full to the Courier in cash upon the delivery of the Order.
LAC, acting as an agent of the Courier, shall prepare and issue to LAC (or to the Partners, if the Marketplace Fees payments are collected from the Partners) the invoice for the Marketplace Fees on behalf of the Couriers.
LAC undertakes to forward all Courier Fee and (where applicable) the Small Order Fee payments from the Client to the Courier’s bank account that was provided to LAC by Courier, except for cash payments (unless the Client fails to pay Courier Fee and (where applicable) the Minimum Value to the Courier). No payments shall be made if the amount payable to Couriers for the reference period falls below the minimum payment threshold established by LAC or in case the Balance is negative after the reference period. In the event that the Courier has to pay Agency Fee to LAC under Section 8 of these General Terms, LAC shall prepare and issue a VAT invoice to the Courier for the Agency Fee (if necessary) and deduct the Agency Fee from the payment made to the Courier.
Invoicing and payments between LAC and the Courier will be made after each reference period. The reference period shall be one week.
LAC may facilitate an option to the Client that allows the Client to pay for the Order in cash to the Courier. The Courier has to insert the sum of cash received from the Client to the GO Food Platform. In such a case, the Courier’s Balance decreases by an amount equivalent to the sum of cash received from the Client.
The GO Food Platform may request the Courier to pay the Goods Price to the Partner in cash from the Courier’s Balance upon pick up of the Order. In such a case, the Courier’ Balance increases by an amount equivalent to the sum of cash paid to the Partner.
The Courier’s Balance also increases by an amount equivalent to the sum of the Courier Fee and (where applicable) the Small Order Fee in case the payment for the Order is processed from the Client’s payment card or other payment methods (incl. in case of cash payment) activated by the Client on the GO Food Platform.
LAC may, at its own discretion, limit dispatching the Courier to Orders for which the Client shall pay in cash. LAC may also, at its own discretion, require the Courier to make a deposit to LAC to enable cash payments to be made to the Courier.
Any outstanding principal amount due to LAC (i.e. negative Balance) should be paid by the Courier to LAC at the latest 7 days after becoming inactive on the GO Food Platform.
In case the Courier fails to make the payment under Section 9(i)the the total overdue amount for ,,of by due date, it shall be liable to pay 0,5% interest per day from the total amount that is overdue. The Courier is liable to compensate LAC all reasonable expenses (including those charged by any debt collection agency) together with all administrative, legal and other costs incurred in the collection of any overdue payment. The minimum compensation charge for such costs is EUR 10.
LAC has the right to forward and publish the personal data of the Courier (if applicable) and the fact, sum and other relevant information of debts of the Courier under this agreement to debt collection agencies and other debt management service providers, for the recovery of debts and/or for the publication, processing and management of data in the debtors' database, as well as for the publication of debt data for the purposes of making credit decisions.

10. Suspension of Use and Termination

If the Courier breaches any of the obligations set out in these General Terms, LAC has the right to suspend the Courier from using the GO Food Platform without any obligation to compensate for the loss of profit.
The Courier has the ordinary right to terminate this agreement by giving notice at least 15 days in advance. LAC has the right to terminate this agreement by giving notice at least 30 days in advance.
LAC has the right to terminate this agreement without a notice period, to provide the bya if the Courier repeatedly breaches or fails to comply with the requirements set out in these General Terms or any Extensions. In addition, LAC has the right to terminate this agreement, if the provision of the information society service under this agreement is prohibited under applicable law or if an imperative reason arises from applicable law to terminate this agreement.
The termination of this agreement will not affect:
any accrued rights of either party, including any right to receive any payments due but unpaid before the termination; or
obligations, which are expressed to survive the termination.
If the Courier’s account is terminated from the GO Food Platform, the Courier undertakes to return to LAC the thermo-bag provided by LAC within 3 business days from the date of termination. If the thermo-bag is not returned duly or not in good order, LAC has the right to keep the deposit charged from the Courier for the thermo-bag.\

11. Licencing, Intellectual Property Rights and Data Processing

LAC grants a revocable, non-exclusive, non-transferable, non-sublicensable license to the Courier for using the GO Food Platform for the purpose of providing, the delivery service.
All intellectual property rights regarding the software, documentation or information used or developed by or on behalf of LAC during the provision of the information technology services under these General Terms (including, but not limited to the GO Food Platform and Confidential Information), as well as all data and statistics about the deliveries made through the GO Food Platform belong to LAC. The Courier shall not copy, modify, adapt, reverse-engineer, distribute, decompile or otherwise discover the source code of the GO Food Platform or any other software used by LAC. LAC shall maintain the data and statistics about the Deliveries for each reference period for a period of one year after the end of said reference period.
The Courier will not use the GO Food Platform for unauthorized or unlawful purposes or impair or seek to impair the proper operation of the GO Food Platform.
The Courier will process the data of the Clients in accordance with Extension 1 of these General Terms (Data Processing Agreement). The terms and conditions for processing the personal data of the Couriers, who are natural persons, complyanti-moneysuspendin established in the Privacy Policy.

12. Confidentiality

During the term of the agency relations and for a period of five years following the expiry or termination of the agreement, LAC and the Courier shall not disclose and shall maintain the confidentiality of all Confidential Information of the other party.
Confidential Information of the other party may be disclosed to third parties only subject to a prior written notice of the other party. Notwithstanding the above, Confidential Information may be disclosed to the party’s attorneys, auditors, accountants, consultants and subcontractors, provided that such persons perform their obligations in connection with the Agreement and are subject to a confidentiality clause.

13. Anti-Money Laundering Rules

The Courier has to be in compliance with the requirements of any applicable anti money laundering laws and regulations and may not use the GO Food Platform for money laundering purposes. The Courier warrants that he/she is not subject to any international sanctions, anti-terrorism or similar laws, decrees, ordinances, orders, demands, requests, rules or requirements.
LAC has the right to conduct reviews of the Courier’s compliance with anti-money laundering rules and/or suspending the Courier from using the GO Food Platform without prior notice, for the purpose of detecting fraud or any other violation thereof.
The Courier has to notify LAC immediately of any circumstances that may refer to a violation of this Section 13.

14. Liability

The Courier is solely liable for the performance of the Delivery Agreement and for any claims presented under the Delivery Agreement. LAC is not liable for any failure or non-conformity of performing the Delivery Agreement and assumes no liability for any traffic violations or accidents sustained during the performance of the Delivery Agreement.
The Courier shall conform and where relevant, shall ensure that its employees and/or contractors conform to the requirements of this General Terms and agree to act in accordance with the conditions and obligations thereof and any further agreements with LAC. The Courier and its employees and/or contractors shall remain jointly and severally liable for any infringement deriving from the condhe anA platformbyobligationsuct of such employee and/or contractor.
LAC is liable for damages or loss of profit that the Courier may bear only in cases of intentional or grossly negligent breaches of these General Terms by LAC.
The Courier shall indemnify, defend and hold LAC harmless from and against any and all claims, suits, actions or administrative proceedings, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses in respect of or resulting from the provision of the delivery services by the Courier under these General Terms.
If the Client files a claim due to the breach of the Delivery Agreement, the Courier shall release LAC from all liability regarding the claim.

15. Miscellaneous

Additional requirements and safeguards provided in Regulation (EU) 2019/1150 (Regulation) shall apply where the termination of the Agreement or blocking of the access to the GO Food Platform affects the rights of the Courier using the GO Food Platform for the provision of delivery services in the member state of the European Union or European Economic Area (Member State).
The Courier referred to in Section 15(a) (Business User Operating in the Member State) has the right to challenge the termination of the Agreement, blocking, and other alleged non-compliance of LAC with the Regulation, in accordance with the Internal Complaint- Handling System Rules for Business Users of LAC.
Where versions of the Agreement exist in any other language, the English version shall prevail.
LAC reserves the right to update the General Terms anytime, by notifying the Courier either through the GO Food Platform or the e-mail address provided to LAC at least 15 days in advance.
The Courier may not assign any of the rights or obligation under these General Terms either in whole or in part.
These General Terms and any rights or claims arising out of or in connection with the Delivery Agreement shall be governed by the substantive law of the United Kingdom, Germany and the Republic of Ghana. If the respective dispute resulting from these General Terms or the Delivery Agreement could not be settled by the aboa the ,byto protect,The courierthe proces,aboutthe aboutnegotiathe tions, then the dispute will be finally solved in London Court of International Arbitration (LCIA).

Extension 1

Data Processing Agreement:

This Data Processing Agreement is an integral part to the Agreement and shall apply to all relations that are formed between LAC and the Courier in the course of using the GO Food Platform and relate to processing of the personal data.

Section 1

Background information:
1. In the course of performance of the Delivery Agreement and use of the GO Food Platform, LAC and the Courier share personal data with each other as separate data controllers.
2. In case of a conflict between the Delivery Agreement and the Data Processing Agreement with regard to the processing of personal data, the Data Processing Agreement shall prevail.
General Provisions and Definitions
1. The terms used in this Data Processing Agreement are used in the meaning given to them in the Agreement or in the meaning given to them in Article 4 of the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter the GDPR ). The term “data subject ” shall mean the identified or identifiable natural person who uses GO Food Platform and to whom the personal data shared relates.
2. In the meaning of GDPR, LAC and the Courier shall both be data controllers with regard to the personal data processing conducted by each in the respective scope.
General Obligations of Courier
1. The Courier shall process personal data only in accordance with the applicable law, the terms and conditions of the Agreement and the terms and conditions of this Data Processing Agreement.
2. The Courier shall not process personal data outside the European Economic Area.
3. The Courier agrees to process personal data received from LAC only in accordance with the data processing principles described in Section 2 herein and only for the purposes described in Section 3 herein, unless the data subject has separately authorized Courier for further processing. For the avoidance of doubt, the Courier may not use the data subject’s personal data for marketing purposes, unless the data subject has expressly stated otherwise.
4. The Courier shall ensure the full confidentiality of the personal data received from LAC. The Courier shall ensure that access to the personal data received from LAC and shall be given to only those representatives of the Courier who need to require it strictly in relation to the performance of their duties and that all such representatives are subject to a confidentiality obligation.
5. The Courier shall ensure the security of personal data for the purposes of protecting personal data from accidental or unauthorized processing, disclosure or destruction. The Courier shall inter alia procure that no physical or other copies are made of the data provided to the Courier through the GO Food Platform.
6. Upon the termination of the Agreement, the Courier shall delete or destroy all personal data received from LAC, incl. all (backup) copies of the personal data in the possession of the Courier that is received from LAC, unless otherwise required under applicable laws or data subject has authorized the Courier to further processing and retention of personal data.
7. If the Courier uses (sub)processors, the Courier shall assume full liability for the (sub)processor’s actions.
8. LAC has the right to check the performance of the Data Processing Agreement by the Courier at any time.
Rights of the Data Subjects
1. Both Parties shall ensure that personal data processing procedures carried out by each are lawful.
2. The Courier shall guarantee that while processing the personal data, all the data subjects’ rights according to the GDPR are guaranteed to the data subjects, including but not limited to the following rights:
  1. the right of access under GDPR Article 15,
  2. the right to rectification under GDPR Article 16,
  3. the right to erasure (“right to be forgotten”) under GDPR Article 17,
  4. the right to restriction of processing under GDPR Article 18;
  5. the and right to data portability under GDPR Article 20.
Personal Data Breaches
1. In case of a (suspected) personal data breach related to the personal data received from LAC or an incident that is likely to escalate into a personal data breach, the Courier shall immediately notify LAC thereof.
2. The Courier shall send the notification to LAC immediately, but no later than within 24 hours of learning about the data breach.
Liability and Compensation for Damage
1. The Courier shall assume full liability and indemnify and hold harmless LAC for any and all liability, damage, administrative fines or any other claims created for LAC or which any person submits against LAC with regard to the Courier’s violation of the Data Processing Agreement or requirements of the applicable law.
2. In case of a violation of any condition of the Data Processing Agreement or a requirement under the applicable law, the Courier shall compensate LAC in full for any damage caused directly or indirectly by the violation, including legal expenses associated with the violation.
3. The Courier shall immediately notify LAC if any claim or administrative fine is submitted against the Courier in relation to the Data Processing Agreement.
Final Provisions
1. The Data Processing Agreement shall be valid during the term of the Agreement.
2. The Data Processing Agreement shall be governed by the laws of the United Kingdom.

Section 2

Data processing principles:

Purpose limitation: Personal data may be processed and used only for purposes described in Section 3.
Data quality and proportionality: Personal data must be accurate, adequate, relevant and, where necessary, kept up to date.
Transparency: Data subjects must be provided with information about their collected personal data to ensure fair processing (information about the purposes of processing and transfer).
Security and confidentiality: Technical and organizational security measures must be taken by the data controller that are appropriate to the risks, such as against accidental or unlawful destruction, unauthorized disclosure or access.
Rights of access, rectification, deletion and objection: The data subjects must be provided with the personal information about them that the data controller holds. Data subjects must be able to have the personal information about them rectified, amended, or deleted where it is inaccurate or processed against these principles.

Section 3

Data subjects: Natural persons using the GO Food Platform (Clients).
Purpose of data processing: Enabling the data subjects to use the GO Food Platform for ordering the delivery of the ordered Goods using Couriers.
Categories of personal data: Following data disclosed about the data subject via GO Food Platform: i. first name and the first letter of the last name; ii. phone number; iii. Order contents and the Order Price; iv. address, where the Order is to be delivered (incl. gate codes etc, if applicable); v. any other notes made by the Client to the Courier through the GO Food Platform.
Processing period: The data importer (Courier) agrees to delete or destroy the personal data about each data subject received from the data exporter (LAC) within one month after the fulfillment of each Order, unless the data subject has separately authorized the data importer (Courier) to further processing.
Sensitive data: No sensitive personal data is transferred.

Extension 2

Requirements for Providing Delivery Service

This Extension is an integral part of the agreement and the General Terms pertaining thereto. All capitalized terms have the same meaning as given to them in the General Terms.

Requirements for the Courier’s person
1. The Courier is at least 18 years of age.
2. The Courier shall not provide the delivery service while he/she is carrying an illness which is likely to spread and that he/she is aware of. The Courier is and will at all times during the provision of the delivery service be, medically fit to operate the means of delivery of its choosing. LAC has the right to request the submission of a health certificate from the Courier at any time. If the Courier gives reason to assume that the delivery would not be safe or if the Courier refuses to provide the health certificate, LAC has the right to suspend the Courier’s access to the GO Food Platform.
3. The Courier may not provide the delivery service while under the influence of alcohol or drugs.
4. The Courier shall attend and where relevant, shall ensure that its employees and/or contractors shall attend, training(s), pass appropriate exam(s) and maintain all licenses, permits, registrations and approvals required for the lawful provision of service(s) pursuant to Delivery Agreements under the applicable law.
Requirements for the provision of Delivery service
1. If under the applicable law, the Courier needs to be registered as service provider entrepreneur or as a similar entity for taxation or other purposes, the Courier has to comply with relevant requirements for the entire period of providing the delivery service through the GO Food Platform.
2. When the Courier joins the GO Food Platform, he/she shall participate in a hygiene and health safety training.
3. The Courier will not engage in reckless behaviour while driving, including by driving unsafely, operating a vehicle that is unsafe to drive, permitting an unauthorised third party to accompany the Courier in the vehicle while providing the delivery service.
4. The thermo-bags used for the delivery of food must be clean and in good order. If a vehicle is used for the delivery, the vehicle must also be clean and in good order.
5. The Courier shall make certain before each delivery of food that the thermo-bag is clean and is used in a manner that ensures food and health safety and prevents the contamination of food. The Courier shall clean the thermo-bag as frequently as necessary with a cloth or swab to ensure that the thermo-bag is clean when delivering the Order which contains food.
6. The Courier shall clean the thermo-bag using only such products and, in such manner, that does not cause contamination of food or pose a risk to human health. Cleaning products and disinfectants shall be used only pursuant to the instructions prepared by the producer of such products.
7. The Courier shall ensure that the ordered food is protected against contamination by way of remaining the thermo-bag neatly sealed during the entire delivery process. If something other than food is delivered in the same vehicle, the Courier shall ensure that the food is sufficiently separated in the thermo-bag to prevent contamination.
8. The Courier shall ensure to deliver the Order to the Client at latest within 1 hour after the Goods has been prepared by the Partner.

Extension 3

Instructions for using GO Food Platform

This Extension is an integral part of the agreement and the General Terms pertaining thereto. All capitalized terms have the same meaning as given to them in the General Terms.

For providing the delivery service, the Courier needs to mark itself active on the GO Food Platform by pressing “Go Online” at any time. For discontinuing the provision of the delivery service for the day, the Courier needs to mark him- or herself inactive on the GO Food Platform at any time.
During the provision of the delivery service (and at other times), the Courier is welcomed to wear LAC branded clothes, if the Courier has opted to buy them.
When the Partner has accepted an Order placed by the Client, a Request is sent out to one of the nearby Couriers. The Courier may choose to accept or decline the Request.
The Courier may accept new Requests also before the Delivery of the previous Order is completed.
The Order must be picked up by the Courier no later than 15 minutes after the Partner has marked the Order as Ready for Pickup.
After picking up the Order from the Partner, the Courier marks the Order as “Picked Up” on the GO Food Platform.
After handing over the possession of the Order to the Client, the Courier marks the Order as “Delivered” on the GO Food Platform.
If the Client fails to take possession of the Order (does not pick up the phone, does not answer the door, etc), the Courier has to contact the Client on the phone number indicated on the GO Food Platform on at least 3 separate occasions and stay with the Order at the Drop-Off Location during a 10 minute time frame. If the Client is still unavailable and unable to take possession of the Order, the Courier will contact LAC’s customer service in order to authorize LAC to cancel the delivery and fully charge the Client for the delivery, as well as to receive further advice regarding the Order.

Restaurant Terms and Conditions

These terms & conditions apply to the relations between LAC Global and the Customers of ‘GO Food’.

1. Definitions

Agency Fee: means the fee payable by the Partner to LAC per every event of sale of the Partner’s Goods through the GO Food Platform for the provision of agency services to the Partner.

Agreed Percentage: is the percentage agreed in the Special Terms that serves as the basis for the calculation of the Agency Fee.

Agreement: the agreement between LAC and the Partner which consists of the Special Terms (separately signed between LAC and the Partner) and these General Terms.

GO Food Platform: the delivery platform operated by LAC as the information society service that:

enables the Partner to market its Goods with delivery option to Users and enter into Sales Agreements for the sale of Goods to Clients,
enables the Users to place Orders of Goods with the Partner, enter into the Sales Agreements as Clients and arrange the delivery of the Order from a Courier and
enables the Courier to offer delivery services to the Clients for the delivery of the Orders.

Client: any User of the GO Food Platform that has placed an Order and entered into a Sales Agreement with the Partner and a Delivery Agreement with the Courier Confidential Information: know-how, trade secrets and other information of a confidential nature (including, without limitation, all proprietary technical, industrial and commercial information, customers’ and suppliers’ data and techniques in whatever form held as well as any information regarding:

the business, and
the contents of the General terms.

Courier: a service provider who has been registered in the GO Food Platform as a provider of the delivery service with respect to Goods ordered through the GO Food Platform.

Courier Terms: the terms and conditions applicable to the relationship between LAC and the Courier in relation to the use of the GO Food Platform by the Couriers

Delivery Agreement: the agreement between the Client and the Courier for the delivery of the order, concluded through the GO Food Platform.

General Terms: these terms and conditions applicable to the relationship between LAC and the Couriers in relation to the use of the GO Food Platform by the Couriers.

Goods: any goods that the Partner sells through the GO Food Platform.

Goods Price: the price (VAT included) that the Client has to pay to the Partner for the ordered goods.

Marketplace: the arrangements and functionalities of the GO Food Platform that facilitate the use of on-demand delivery services provided by the Couriers

Marketplace Fees: the fees that are payable to the Couriers in accordance with section 6(b).

Opening Hours: the whole time period of the day during which the Partner accepts Orders and prepares Goods for pick-up by a Courier or directly by a Client (the Opening Hours indicated in the GO Food Platform may differ from the opening hours of the Partner’s establishment).

Order: the order of Goods that the Client has placed with the Partner.

Order Price: the price that the User has to pay for the purchase and delivery (if applicable) of the Order.

Partner: the operator of any restaurant or store that LAC has concluded the Agreement with and where relevant, each and every establishment listed in Section (II) of the Special Terms, through which the operator conducts its business.

Partner Specific Conditions: the variations from the General Terms and Schedules regarding the Partner, as set out in Section 5 of the Special Terms.

Sales Agreement: the agreement between the Client and the Partner for the sale of Goods in accordance with the Order.

Service Fees: the fees payable by the Partner according to section 6(c).

Special Terms: the special terms which the Agreement is concluded.

User: any person that has registered a user account on the GO Food Platform and uses the services of the GO Food Platform through that user account.

Tip: voluntary amount paid by a customer intended for the courier delivering the Order.

2. Identity of LAC Global

LAC Global operating under the name of ‘GO Food’ Address principal place of business:

45 Kipling Avenue, RM18 8HF Tilbury, United Kingdom.

UK Company Number: 13129378,

VAT No.: 367 9128 57.

Email: info@lacgloballimited.com

Correspondence address: LAC Global UG

Marktstr. 41, 42369 Wuppertal, Germany

Email: info@lacgloballimited.com

Correspondence address: LAC Global Limited

134 Westland BLVD, Accra-Ghana

Email: info@lacgloballimited.com

3. Applicability

The present General Terms and Conditions are only applicable to the Service.
By placing an Order the Customer directly concludes an Agreement with the Restaurant for delivery of the Offer selected by the Customer.
LAC Global is not responsible for the Offer.

4. Legal Framework

GO Food Platform enables the Partner to solicit Orders of Goods from the Clients, which will be delivered to the Clients by the Couriers or picked-up directly by the Clients.
For the sale of Goods through the GO Food Platform, a Sales Agreement is concluded directly between the Client and the Partner. For the delivery of the Order, the Client enters into a Delivery Agreement directly with the Courier. In case the Client wishes the Order to be delivered by the Courier, the Sales Agreement is deemed to be concluded from the moment that the Order is accepted by the Partner and the Courier, and an Order confirmation is sent to the Client. In case of self-pick-up by the Client, the Sales Agreement is deemed to be concluded from the moment that the Order is accepted by the Partner and an Order confirmation is sent to the Client. The Partner will be liable for the Goods (and production of Goods, if applicable) according to the Sales Agreement and the Courier will be liable for the delivery of the Order according to the Delivery Agreement.
By operating the GO Food Platform, LAC acts only as a provider of the information society service and is neither a party to the Sales Agreement or the Delivery Agreement. LAC is not the provider of the Goods or delivery services and is not liable in any way for the performance of the Sales Agreement or the Delivery Agreement.
By operating the GO Food Platform, LAC acts as the agent for the Partner in relation to mediation of Sales Agreements between the Partner and the Clients. LAC also acts as the agent for the Couriers in relation to mediation of Courier Agreements between the Couriers and the Clients. As the agent LAC has been authorized by each Partner and each Courier to receive payments from the Clients on behalf of the respective principal and allocate the received funds between the Partners and the Couriers in accordance with these General Terms and Courier Terms.

5. Placement of Orders

When the Client has placed an Order, the Partner ensures that the confirmation of the Order will be decided within the time period provided in Extension 1 (Service Level Requirements). Upon the Client receiving the confirmation of the Order the Sales Agreement enters into force between the Partner and the Client.
In the event that the Partner cannot provide the Goods as requested in the Order, the Partner shall not confirm the Order in the GO Food Platform, unless an auto-acceptance function is enabled, in which case requirements in Extension 1 (Service Level Requirements) of these General Terms shall be followed.
The Partner shall procure that the Orders are monitored in a constant manner during the Opening Hours of the Partner’s establishment, in accordance with the requirements in Extension 1.

6. Fulfillment of Orders

The Partner will be ready to launch the provision of services under the GO Food Platform from the moment of signing the Agreement, unless otherwise agreed in the Partner Specific Conditions. The detailed requirements and instructions for the handling of Orders are provided in Extension 1 (Service Level Requirements) to these General Terms.
The Partner shall use its best endeavours to ensure the availability of all Goods that are displayed in the GO Food Platform. In the event that the Partner is or is likely to become unable to fulfil the Orders, the Partner will cease to accept any further Orders and mark itself as offline on the GO Food Platform until readiness to fulfil the Orders is restored.
The Partner shall ensure that the Goods prepared for delivery to the Client and/or pick-up by the Client comply with the Order of the Client. The Partner shall use its best endeavours to comply with specific instructions and requests of the Client, if applicable.
The Order shall be ready for pick-up by the Courier or by the Client within the timeframe specified in Schedule 1 (Service Level Requirements). The Partner has a right to opt-in and opt-out from the take-away function (i.e. self-pick-up by the Client) at any time.
The Partner shall ensure that the ordered Goods are properly packaged (incl. in accordance with all food safety requirements in case the Goods contain food), taking into account that the Courier or the Client will only be required to pick-up a packaged Order. In case the Goods contain food, the Courier will also be required to place it into the thermo-bag for delivery. The packaging may not include any logos of the competitors of LAC. The packaging may not include any advertising material of third parties (incl. the competitors of LAC), unless agreed otherwise in the Partner Specific Conditions.
The Partner ensures that the Goods prepared for delivery by the Courier and/or self pick-up by the Client:
1. correspond to the description of the Goods on the GO Food Platform (including indications that particular Goods are gluten or nut free or suitable for vegetarians or vegans in case the Goods contain food);
2. are not harmful to health or the environment;
3. have been properly cooked or prepared and are otherwise safe, of high quality, fit fo transportation and consumption and at an appropriate temperature for consumption by the Client in case the Goods contain food;
4. comply with all applicable requirements for the preparation/production and packaging at all times (including as reasonably required to withstand the delivery process);
5. correspond to the greatest extent possible to the photography uploaded in the GO Food Platform.
LAC shall have the right to inspect the process of the provision of services by the Partner at any time.
The Goods Prices indicated on the GO Food Platform may not be more expensive than the same Goods would cost at the Partner’s establishment, except
1. in cases of promotions applicable only at the establishment of the Partner, in which case the Goods Prices may not be more expensive than the same Goods would cost on LAC’s competitors platforms;
2. if agreed otherwise in the Partner Specific Conditions. The Partner may not charge the Client any additional fees for the packaging of the Good, unless agreed otherwise in the Partner Specific Conditions.

7. Use of GO Food Platform by Partner

The Partner will gain access to the GO Food Platform through the user account. Each Partner is entitled to have only one account to use the GO Food Platform. If the Partner operates its business through several establishments, each establishment is provided a separate sub-account to use the GO Food Platform. The account details for the Partner (and if applicable, the establishments) will be communicated to the Partner separately.
The Partner shall ensure compliance with applicable laws upon performance of its services, including laws regarding the working conditions, protection and safety of employees and other members of the Partner’s personnel.
All information regarding the Partner, the Partner’s establishments and their menus is uploaded to the GO Food Platform by LAC on the basis of the information provided by the Partner. The Partner is also obliged to provide LAC with all data about food which is mandatory under local laws. All Partners are displayed to the Client in a ranked sequence mainly based on the availability of the Partner, delivery fee for the Client, estimated time of arrival of the Order and frequency of use and ratings by the Client with the purpose of providing a personalized and efficient user experience for the Client. All information provided by the Partner, including in particular the information regarding the Partner’s Goods and Goods Prices and Opening Hours shall be accurate. LAC will not change any information provided by the Partner regarding the Goods and Goods Prices unless the Partner so instructs. The Partner shall also provide additional information regarding the Goods (ingredients and allergens in case the Goods contain food, etc), if the Client so requests by contacting the Partner.
For accepting and processing Orders through the GO Food Platform, the Partner shall either acquire a tablet on its own or buy / rent a tablet from LAC. The Partner procures that all rented tablets and related equipment will be maintained in good order. When necessary, LAC and the Partner shall agree on the maintenance or the replacement of the rented tablets.
LAC is not liable for and does not commit to provide continuous tech-support for the effective functioning of the GO Food Platform on any device (incl. any operating system). The Partner undertakes to install and/or use all updates, upgrades or modules provided by LAC. LAC is not liable for any damages or loss of profit resulting from the failure to perform the obligation set out in this Section 5(e).
The Partner shall at all times utilize good industry practices in the information technology industry with respect to comparable services to prevent the introduction of viruses into the GO Food Platform. If the Partner breaches the said obligation and a virus is found to have been introduced to the GO Food Platform as a result of a breach of the General Terms by the Partner, then the Partner shall (at its own cost) provide reasonable assistance to mitigate the effects of the virus and reimburse to LAC all damages arising from the eradication and remedying of the GO Food Platform.
The Client may leave feedback and make complaints through the GO Food Platform. If the complaint relates to particular Goods the Client will be required to make such complaints within 30 days from the delivery of the Order. LAC shall tend to the complaints at its own discretion and decide how to resolve them. LAC, acting reasonably, may refund the Goods Price (or a part of it) to the Client at its own discretion and claim compensation for it from the Partner. If the Partner continues to receive complaints from the Clients, LAC has the right to temporarily or permanently suspend the Partner from using the GO Food Platform. LAC has the right to establish a customer complaints and refund policy, that shall be a part of the General Terms and mandatory for compliance for the Partner.
The Partner shall at all times utilize high quality and high resolution photos for the displaying of Goods on the GO Food Platform. In case such photos do not fulfil the above mentioned requirements, LAC reserves the right to refuse the uploading of the provided photos in the GO Food Platform and ask for replacements or upload equivalent or similar pictures at its own discretion.
LAC is entitled to change, modify or discontinue either temporarily or permanently, the provision in whole or partially of the information society service by introducing and/or discontinuing some functionality of the GO Food Platform as well as altering in other way or deleting the GO Food Platform at any given time. LAC will communicate to Partners its decisions to discontinue functionality(ies) accordingly.
As part of the GO Food Platform, LAC upon its sole discretion may grant and thus revoke Partner’s direct access to the so-called partners’ portal, which enables Partner to populate, amend and otherwise change content on a Partner-dedicated section of the GO Food Platform.
The Partner hereby acknowledges that it is solely responsible for granting, changing, controlling and/or removing rights for it’s representatives to access the so-called partners’ portal on behalf of the Partner.
The Partner hereby acknowledges that by enabling its representative to access the partners’ portal on behalf of the Partner, it is granting its representative an access right to edit Partner’s preferences and menus (incl. Goods Prices), configure campaigns and special offers, view Orders (incl. Order history), grant accesses to other users and/or take other actions available in the partners’ portal.
The Partner hereby acknowledges that it is fully responsible for and bound by any amendments, updates or any other changes (including pricing) that any of its representatives, to whom Partner has granted access-rights, make to a content on a Partner-dedicated section of the GO Food Platform.

8. Fees

In consideration for LAC’s services as the agent for mediation of the Sales Agreements the Partner shall pay the Agency Fee to LAC per every Order of the Client made through the GO Food Platform. The Agency Fee is calculated as the Agreed Percentage from the aggregate gross Goods Price earned by the Partner from the Orders placed through the GO Food Platform during a particular reference period.
LAC has the right to implement Marketplace Fees in accordance with the principles of dynamic pricing by
1. applying service fees in order to cover the cost of making courier services available at the Marketplace, or
2. forwarding the cost of making delivery services available at the Marketplace.
The Partner shall also pay Service Fees to LAC for the use of the tablet (if applicable) and software, in accordance with the Special Terms.
All fees are subject to VAT.

9. Invoicing and Payments

The Partner undertakes to issue valid cash register’s receipts for the Goods Price. The issued cash register’s receipts are transported to the Client together with the Goods. LAC shall prepare and issue to the Client informational receipt for the Goods Price on behalf of the Partner. LAC, acting as an agent of the Partner, shall accept the Client’s payment for cash register’s receipts on behalf of the Partner. The payment obligation of the Client arising from the Sales Agreement is deemed to be fulfilled when the payment is credited onto the bank account of LAC or, as the case may be, when the Client has paid the Goods Price in full to the Courier in cash upon the delivery of the Order or the Client has paid the Goods Price in full to the Partner in case of self pick-up by the Client.
LAC undertakes to forward the Goods Price payments (less the Agency Fee) for all completed and delivered or picked-up Orders made through the GO Food Platform to the Partner for a given reference period, except for Orders for which the Courier or the Client paid the Goods Price to the Partner directly, in which case the Partner undertakes to forward the Agency Fee to LAC for a given reference period. If any deductions are due in relation to complaints in accordance with Section 5(g) of these General Terms or otherwise, LAC will render efforts to find the amicable solution with the Partner beforehand.
Invoicing and payments under this Agreement between LAC and the Partner will be made after each reference period. Unless agreed otherwise in the Partner Specific Conditions, the reference period shall be one calendar week. If any reconciliation payments are required with respect to the reference period thereafter, the parties will communicate such need and, if necessary, make the relevant reconciliation payments in connection with the payments related to the next reference period.
Within three business days from the expiry of each reference period LAC will issue an invoice to the Partner for the Agency Fee, Service Fees and any other applicable fees for a given reference period. If any payments are to be made by LAC to the Partner in relation to the reference period, the Partner will issue an invoice to LAC.
All payments between LAC and the Partner will be settled by way of set-off to the maximum extent possible. All other payments between LAC and the Partner that cannot be set off will be made by way of bank transfers. The bank details of LAC and the Partner are set out in the Special Terms.
LAC may, at its own discretion, limit the payment of Goods Price to the Partner in cash by the Courier. LAC may also, at its own discretion, require the Partner to make a deposit to LAC to enable cash payments to be made to the Partner by the Courier. The payment obligation between the Client and the Partner in case of self-pick-up by the Client may be settled by direct payment in case the Partner has self-pick-up by the Client opted-in in accordance with Section 4(d).
Any outstanding principal amount due to LAC should be paid by the Partner to LAC at the latest 7 days after becoming inactive on the GO Food Platform
In case the Partner fails to make the payment under Section 7(g) by due date, it shall be liable to pay 0,5% interest per day from the total amount that is overdue. The Partner is liable to compensate LAC all reasonable expenses (including those charged by any debt collection agency) together with all administrative, legal and other costs incurred in the collection of any overdue payment. The minimum compensation charge for such costs is EUR 10.
LAC has the right to forward and publish the data of the Partner and the fact, sum and other relevant information of debts of the Partner under this Agreement to debt collection agencies and other debt management service providers, for the recovery of debts and/or for the publication, processing and management of data in the debtor's database, as we as for the publication of debt data for the purposes of making credit decisions.

10. Term, Termination and Suspension of Use

The Agreement is entered into for an unspecified period of time (without term), unless agreed otherwise in the Partner Specific Conditions.
If the Partner breaches any of its obligations under the Agreement, LAC has the right to suspend the Partner from using the GO Food Platform without any obligation to compensate for the loss of profit.
Both LAC and the Partner have the right to terminate the Agreement without cause at any time by giving notice at least 30 days in advance.
Both LAC and the Partner have the right to extraordinarily terminate the Agreement without a notice period, if either party repeatedly fails to comply with or breaches any of the obligations set forth in the Agreement. In addition, LAC has the right to terminate the Agreement, if the provision of the information society service under this Agreement is prohibited under applicable law or if an imperative reason arises from applicable law to terminate the Agreement.
The termination of the Agreement will not affect:
1. any accrued rights of either party, including any right to receive any payments due but unpaid before the termination; or
2. obligations, which are expressed to survive the termination.
Upon termination of the Agreement, all rented tablets and any other devices and equipment provided by LAC for using the GO Food Platform shall be returned to LAC in good order, taking into account the normal wear and tear, unless
1. The Agreement is entered into for an unspecified period of time (without term), unless agreed otherwise in the Partner Specific Conditions.
2. If the Partner breaches any of its obligations under the Agreement, LAC has the right to suspend the Partner from using the GO Food Platform without any obligation to compensate for the loss of profit.
3. Both LAC and the Partner have the right to terminate the Agreement without cause at any time by giving notice at least 30 days in advance.
4. Both LAC and the Partner have the right to extraordinarily terminate the Agreement without a notice period, if either party repeatedly fails to comply with or breaches any of the obligations set forth in the Agreement. In addition, LAC has the right to terminate the Agreement, if the provision of the information society service under this Agreement is prohibited under applicable law or if an imperative reason arises from applicable law to terminate the Agreement.
5. The termination of the Agreement will not affect:
  1. any accrued rights of either party, including any right to receive any payments due but unpaid before the termination; or
  2. obligations, which are expressed to survive the termination.
6. otherwise agreed between the parties.
7. In the event that after the extraordinary termination of the Agreement there is an ongoing offline marketing campaign featuring (among others) the Partner or any of the Partner’s establishments, then LAC is entitled to refrain from making any changes to the campaign materials regarding the Partner or the Partner’s establishments.

11. Licensing, Data Processing and Intellectual Property Rights

LAC grants a revocable, non-exclusive, non-transferable, non-sublicensable license to the Partner for using the GO Food Platform for the purpose of selling Goods.
By concluding the Agreement, the Partner grants a license to LAC for displaying on the GO Food Platform and using in its marketing all materials (including the photos of Goods) sent to LAC by the Partner. The license is valid for the entire period of the Agreement. The Partner procures that all material to be uploaded in the GO Food Platform by LAC (including, but not limited to photos of the Goods) is free from third party rights. In cases where the photos of the Goods are taken on the expense of or by a person appointed by LAC, all rights related thereto (including intellectual property rights and the right of use) shall belong to LAC. If the Partner has opted to buy the licence for the use of the photos of Goods, the Partner will be granted access to and it may use such photos of Goods for any purposes, except for displaying them on platforms that are competing with LAC and using them for the provision of the same services as the Partner provides to LAC.
All intellectual property rights regarding the software, documentation or information used or developed by or on behalf of LAC during the provision of services under the General Terms (including the GO Food Platform, Confidential Information and where relevant, photos of Goods), as well as all data and statistics about the sales made through the GO Food Platform belong to LAC. The Partner shall not copy, modify, adapt, reverse-engineer, decompile or otherwise discover the source code of the GO Food Platform or any other software used by LAC. LAC shall maintain the data and statistics about the sales for each reference period for a period of one year after the end of said reference period.
The Partner agrees that LAC may use the name, logo or photos of the Partner in LAC’s advertising materials during the entire period of the Agreement.
The terms and conditions for processing the personal data of the Clients and the Couriers is established in Extension 2 (Data Processing Agreement).

12. Confidentiality

During the term of the Agreement and for a period of five years following the expiry or termination of the Agreement, LAC and the Partner shall not disclose and shall maintain the confidentiality of all Confidential Information of the other party.
Confidential Information of the other party may be disclosed to third parties only subject to a prior written notice of the other party. Notwithstanding the above, Confidential Information may be disclosed to the party’s attorneys, auditors, accountants, consultants and subcontractors, provided that such persons perform their obligations in connection with the Agreement and are subject to a confidentiality clause.

13. Anti-Money Laundering Rules

The Partner warrants that it is in compliance with the requirements of any applicable anti-money laundering laws and regulations applicable to it. The Partner warrants that it is not and any of its affiliates or ultimate beneficial owners is not subject to any international sanctions, boycotts, foreign trade controls, export controls, non-proliferation, anti-terrorism and similar laws, decrees, ordinances, orders, demands, requests, rules or requirements.
LAC has the right to conduct reviews of the Partner’s compliance with anti-money laundering rules and/or suspend the Partner from using the GO Food Platform without
1. the Partner warrants that it is in compliance with the requirements of any applicable anti-money laundering laws and regulations applicable to it. The Partner warrants that it is not and any of its affiliates or ultimate beneficial owners is not subject to any international sanctions, boycotts, foreign trade controls, export controls, non-proliferation, anti-terrorism and similar laws, decrees, ordinances, orders, demands, requests, rules or requirements.
2. prior notice, for the purpose of detecting fraud or any other violation terrorism and similar laws, decrees, ordinances, orders, demands, requests, rules or requirements.
The Partner has to notify LAC immediately of any circumstances that may refer to a violation of this Section 11.

14. Liability and Insurance

LAC is not liable for the performance of the Sales Agreement nor for any claims presented under the Sales Agreement, including but not limited to cases of sale and/or handing over of alcoholic beverages or any other Goods controlled under applicable local laws to Clients who are below the required minimum age and only during the times allowed under applicable laws.
LAC is not liable for any indirect damage or loss of profit that the Partner may bear due to possible interruptions of availability or functioning of the GO Food Platform in any device.
LAC is not liable for any indirect damage or loss of profit, unless caused intentionally or due to gross negligence.
The Partner shall indemnify, defend and hold LAC harmless from and against any and all claims, suits, actions or administrative proceedings, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses in respect of or resulting from the performance of the services by the Partner under the General Terms.
The Partner shall indemnify to LAC all extra costs that LAC incurred due to the Partner breaching its obligations under the Agreement (e.g. and not limited to the costs of having the Courier return to the Partner before delivery of the Order to the Client, to retrieve Goods that the Partner initially failed to include in the Order).
The Partner is liable for the loss, theft of or any damage to the rented tablet provided by LAC.
If the Client files a claim due to the breach of the Sales Agreement, the Partner shall release LAC from all liability regarding the claim.
If provided so in the Partner Specific Conditions, the Partner shall procure that during the term of the Agreement, it has a liability insurance in place for any liability towards its customers related to the Goods.

15. Miscellaneous

Additional requirements and safeguards provided in Regulation (EU) 2019/1150 (Regulation) shall apply where the termination of the Agreement or blocking of the access to the GO Food Platform affects the rights of the Partner using the GO Food Platform for the sale of Goods in the member state of the European Union or European Economic Area (Member State).
The Partner referred to in Section 14.1 (Business User Operating in the Member State) has the right to challenge the termination of the Agreement, blocking, and other alleged non-compliance of LAC with the Regulation, in accordance with the Internal Complaint- Handling System Rules for Business Users of LAC.
If there is a conflict between the Partner Specific Conditions, Special Terms, the General Terms, Schedules, or any other document incorporated by reference into the Agreement, then precedence shall be given first to the Partner Specific Conditions, second to the Special Terms, third to the General Terms, fourth to the Schedules and fifth to any other document incorporated by reference into the Agreement.
Where versions of the Agreement exist in any other language, the English version shall prevail.
LAC reserves the right to update the General Terms anytime, by uploading the revised version on their webpage. LAC will notify the Partner of any changes at least 30 days in advance. If the Partner does not agree to the updated General Terms, it should be communicated to LAC in order to terminate the Agreement and discontinue the use of the GO Food Platform.
The Partner may not assign any of the rights or obligations under the Agreement either in whole or in part.
The Agreement and any rights or claims arising out of or in connection with the Sales.
Agreement shall be governed by the substantive law of United Kingdom.

Extension 1

Service Level Requirements

These Service Level Requirements are an integral part of the Agreement and apply to the Partner’s activities in providing the service of preparing the Orders and where relevant, producing the Goods.

Accepting Orders
1. When the Client has placed an Order, the Partner ensures that the confirmation of said Order will be decided within five minutes from receiving the Order notification, except where Order auto-acceptance function is enabled, in which case all Orders will be automatically accepted by the Partner.
2. In the event that the Partner cannot provide the Goods as it was requested in the Order, the Partner will not confirm the Order in the GO Food Platform. In case an Order has been accepted by a Partner, it shall notify LAC thereof through GO Food Platform, for Order to be cancelled.
3. If the Partner has run out of a certain Goods, the Partner shall mark that Goods as unavailable in the GO Food Platform as soon as reasonably possible, but in any event within 10 minutes from discovering the lack of that Goods.
Preparing of Orders
1. The Partner ensures that the Goods are prepared, handled and stored in accordance with all requirements arising from applicable law at all times up to and including the time of delivery of the ordered Goods to the Client or handing-over Goods directly to a Client in case of a Client self-pick-up service. The Partner’s obligation to comply with all applicable law requirements includes (without limitation) all rules and regulations governing the time, temperature or other methods required for food hygiene and safety in case the Goods contain food and compliance with any additional rules applicable to handling and sale of controlled goods under the local laws.
2. The Partner ensures that all Orders will be prepared within the preset time-frame indicated for each Order on the GO Food Platform. The Order shall be ready to be picked-up by the Courier or by the Client no earlier than within the last 5 minutes of the Goods preparation time frame. If the Partner has not marked the Order as “Accepted” within 5 minutes, LAC has the right to cancel the Order unilaterally and compensate the Order Price to the Client. In case of self pick-up by the Client, the Partner has to mark the Order “Picked-up” once the Order has been picked-up and the Client has paid for the Order (if applicable).

Extension 2

Data Processing Agreement

This Data Processing Agreement is an integral part to the Agreement and shall apply to all relations that are formed between LAC and the Partner in the course of using the GO Food Platform and relate to processing of the personal data.

Section 1

Background information:

In the course of performance of the Agreement and use of the GO Food Platform LAC and Partner share personal data with each other as separate data controllers.
In case of a conflict between the Agreement and the Data Processing Agreement with regard to the processing of personal data, the Data Processing Agreement shall prevail and apply.

General Provisions and Definitions

The terms used in this Data Processing Agreement are used in the meaning given to them in the Agreement or in the meaning given to them in Article 4 of the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter the GDPR). The term “data subject” shall mean the identified or identifiable natural person who uses GO Food Platform and to whom the personal data shared relates.
In the meaning of GDPR, LAC and the Partner shall both be data controllers with regard to the personal data processing conducted by each in the respective scope.

General Obligations of Partner

The Partner shall process personal data only in accordance with the applicable law, the terms and conditions of the Agreement and the terms and conditions of this Data Processing Agreement.
The Partner shall not process personal data outside the European Economic Area.
The Partner agrees to process personal data received from LAC only in accordance with the data processing principles described in Section 2 herein and only for the purposes described in Section 3 herein, unless the data subject has separately authorized Partner for further processing. For the avoidance of doubt, the Partner may not use the data subject’s personal data for marketing purposes, unless the data subject has expressly stated otherwise.
The Partner shall ensure the full confidentiality of the personal data received from LAC. The Partner shall ensure that access to the personal data received from LAC shall be given to only those representatives of the Partner who require it strictly in relation to the performance of their duties and that all such representatives are subject to a confidentiality obligation.
The Partner shall ensure the security of personal data for the purposes of protecting personal data from accidental or unauthorized processing, disclosure or destruction. The Partner shall inter alia procure that no physical or other copies are made of the data provided to the Partner through the GO Food Platform.
Upon the termination of the Agreement, Partner shall delete or destroy all personal data received from LAC, incl. all (backup) copies of the personal data in the possession of Partner that is received from LAC, unless
otherwise required under applicable laws or
data subject has authorized Partner to further processing and retention of personal data.
If Partner uses (sub)processors, Partner shall assume full liability for the (sub)processor’s actions.
LAC has the right to check the performance of the Data Processing Agreement by the Partner at any time.

Rights of the Data Subjects

Both Parties shall ensure that personal data processing procedures carried out by each are lawful.
The Partner shall guarantee that while processing the personal data, all the data subjects’
rights according to the GDPR are guaranteed to the data subjects, including but not limited to the following rights:
1. the right of access under GDPR Article 15,
2. the right to rectification under GDPR Article 16,
3. the right to erasure (“right to be forgotten”) under GDPR Article 17,
4. the right to restriction of processing under GDPR Article 18;
5. the right to data portability under GDPR Article 20.

Personal Data Breaches

In case of a (suspected) personal data breach related to the personal data received from LAC or an incident that is likely to escalate into a personal data breach, the Partner shall immediately notify LAC thereof.
The Partner shall send the notification to LAC immediately, but no later than within 24 hours of learning about the data breach.
The notification shall be sent to info@lacgloballimited.com

Liability and Compensation for Damage

Partner shall assume full liability and indemnify and hold harmless LAC for any and all liability, damage, administrative fines or any other claims created for LAC or which any person submits against LAC with regard to the Partner’s violation of the Data Processing Agreement or requirements of the applicable law.
In case of a violation of any condition of the Data Processing Agreement or a requirement under the applicable law, the Partner shall compensate LAC in full for any damage caused directly or indirectly by the violation, including legal expenses associated with the violation.
The Partner shall immediately notify LAC if any claim or administrative fine is submitted against the Partner in relation to the Data Processing Agreement. The notification shall be sent to info@lacgloballimited.co

Final Provisions

The Data Processing Agreement shall be valid during the term of the Agreement.
The Data Processing Agreement shall be governed by the laws of the United Kingdom.

Section 2

Data processing principles:

Purpose limitation: Personal data may be processed and used only for purposes described in Section 3.
Data quality and proportionality: Personal data must be accurate, adequate, relevant and, where necessary, kept up to date.
Transparency: Data subjects must be provided with information about their collected personal data to ensure fair processing (information about the purposes of processing and transfer).
Security and confidentiality: Technical and organizational security measures must be taken by the data controller that are appropriate to the risks, such as against accidental or unlawful destruction, unauthorized disclosure or access.
Rights of access, rectification, deletion and objection: The data subjects must be provided with the personal information about them that the data controller holds. Data subjects must be able to have the personal information about them rectified, amended, or deleted where it is inaccurate or processed against these principles.

Section 3

Data subjects: Natural persons using the GO Food Platform (Clients) and natural persons providing the delivery service (Couriers).
Purpose of data processing: Enabling the data subjects to use the GO Food Platform for ordering Goods from Partner(s) (data importers) and arranging the delivery of the Order using Couriers.
Categories of personal data: Following data disclosed by the data subject via GO Food Platform:
1. The Client’s first name and the initial of last name;
2. The Client’s phone number;
3. The Client’s Order and information related to the Order (special requests regarding ordered Goods, etc);
4. The Courier’s first name and initial of last name;
5. The Courier’s phone number.
Processing period: The data importer (Partner) agrees to delete or destroy the personal data about each data subject received from the data exporter (LAC) within 30 days after the fulfilment of each Order, unless the data subject has separately authorized the data importer (Partner) to further processing.
Recipients: Personal data is made available via GO Food Platform to the Couriers.
Sensitive data: No sensitive personal data is transferred.