Terms and Conditions of the Viru Keskus User App

1. Scope of the Terms and Conditions
   • These Terms and Conditions of the Viru Keskus User App (hereinafter: Terms) regulate the legal relations between Viru Keskus AS (registry code 10932986, address Viru Väljak 4, 10111 Tallinn; hereinafter: Viru Keskus) and registered users (hereinafter: Users) of the customer app maintained by Viru Keskus and available from Apple App Store, Google Play Store and the https://virukeskus.com/ website (hereinafter: App) in connection with the use of the App.
   • By signing up in the App, the User declares that they have read and understood the Terms and undertake to comply with them, effectively entering into a contract between the User and Viru Keskus under these Terms.
2. User Account
   • In order to use the App, a person has to sign up for a personal User Account (hereinafter: Account). Only natural persons of at least 13 years of age can sign up for an Account.
   • In order to sign up for an Account, the person should enter their telephone number on the respective screen in the App. A sign-up code is sent to that telephone number and after this code is entered in the App, the new Account is linked with the App through the telephone number. In order to complete the sign-up process, the person should enter their first and last name, email address and preferred language in the App; optionally, they can also enter their date of birth and/or gender.
   • In order to use the App, the User must be logged in to their Account. The User can log in to the Account by following the prompts displayed in the App.
   • The Account has no term of expiry, and the User can close their Account at any time. After closing the Account, the User will no longer be able to use the App and all Account information will be deleted from the App together with any data that Viru Keskus is not required to store due to legal or regulative requirements or for certain lawful business purposes, including accounting, settlement of disputes or prevention of fraud.
   • An Account is linked with the telephone number used for signing up. When changing their telephone number, the User is required to close their Account and to sign up for an Account with a new telephone number if they wish to continue using the App.
   • Viru Keskus has the right to close a User’s Account or to suspend access to the Account with immediate effect in the following situations:
     • The User violates or has violated the Terms or any other obligations of the User;
     • The User misuses or damages the App;
     • The User uses the App with a malicious intent, in an unethical or illegal manner or in a way that is contrary to generally accepted moral norms;
     • Viru Keskus has reasons to suspect that the User has committed a fraud or another illegal act while using the App.
   • An Account will be closed by default if the linked App has not been used for 3 years.
3. Using the App
   • With the App, Viru Keskus provides an information society service consisting of an opportunity for the User to receive and use special offers in the restaurants of the Viru Food Hall (hereinafter individually: Restaurant, and collectively: Restaurants), to submit food orders to the Restaurants and to pay for them.
   • Viru Keskus has the right to modify the features and usage conditions of the App without notice, incl. limiting or adding App features, adding or removing Restaurants or other traders related to Viru Keskus.
   • The use of the App is free of charge for the User. The User pays for the orders submitted to the Restaurants via the App according to the Restaurant price lists published in the App. The prices disclosed in the App may differ from the prices applicable to orders placed in the Restaurant.
   • Discounts and special offers in the App
     • Viru Keskus communicates discounts and special offers of the Restaurants to the User via the App; the offers can be directed generally to all visitors of the Restaurants or exclusively only to the Users.
     • If the User has given a respective permission in the App, the User is notified of new discounts and special offers with a push notification from the App.
   • Submission of orders
     • The App includes information on the opening hours, menus, price lists, discounts and special offers of the Restaurants, as well as any other information on the Restaurants, their products and services, which may be considered relevant by Viru Keskus.
     • The App enables the User to select their preferred Restaurant(s), preferred product(s) and quantities and to submit an order via the App to the Restaurant(s) to buy the selected products (hereinafter: Order). An order submitted via the App is confirmed after a payment for the Order is made and a conformation of the Order by the Restaurant is displayed to the User in the App.
     • In order to submit an Order, the User should enter the required information in the App, incl. the product(s) ordered, the quantity of products, optionally the time when the product(s) should be ready and any additional details, which Viru Keskus and the Restaurant require for entering into and performing a Sale Contract.
     • When an Order is confirmed, it shall be deemed that the Restaurant and the User have entered into a contract of sale (hereinafter: Sale Contract), obligating the Restaurant to prepare and deliver to the User the product(s) included in the Order and obligating the User to pay for the product(s) included in the Order. If an Order includes products from several Restaurants, a separate Sale Contract is entered into with each respective Restaurant (one Order can include multiple Sale Contracts).
     • The time of preparation of the product displayed in the App is an approximation and the actual time of delivery can deviate somewhat from the displayed time.
     • To validate the Order, the User should pay the amount indicated in the App, calculated based on the price list(s) of the relevant Restaurant(s) as disclosed in the App and the product(s) included in the Order. The amount indicated in the App includes value-added tax and is the final amount payable.
     • To pay the amount indicated in the App, the User should make a payment as instructed in the App, using the TarkPay payment link. The TarkPay payment solution is provided by Meieni OÜ (registry code 12013427). Before making a payment, the User is required to make sure that the information displayed in the payment solution is accurate.
     • After the User has paid the amount indicated in the App, it shall be deemed that the User has settled the payment obligation to the Restaurant under the Sale Contract.
     • A Sale Contract concluded in the App is valid between the User and the Restaurant; Viru Keskus is not a party to the Sale Contract.
     • If the User has any questions regarding the products offered by a Restaurant, the products included in an Order or the contents of the Sale Contract (e.g., about allergenic ingredients or any other aspects), the User should contact the Restaurant directly, whereas Viru Keskus may, but is not obligated, to facilitate the communication. The relevant details of the Restaurants are available in the App.
     • Due to the nature of the Order and the Sale Contract, there is generally no right for the User to unilateral cancellation of the Order or withdrawal from the Sale Contract after the Order has been confirmed. However, if the User has a right to withdraw from the Sale Contract due to imperative provisions of the law (e.g., in case of a major violation of the Sale Contract by the Restaurant), the User should submit the withdrawal request directly to the Restaurant.
   • Fulfilment of the Order
     • Whenever the products included in the Order are ready for delivery, a push notification is sent to the User via the App (if the User has permitted this in the App) and/or information on completion of the Order (Order code and name of the Restaurant) is displayed in the App. After receiving the aforementioned notification, the User is able to collect the product(s) included in the Order from the respective Restaurant(s), using the Order code. The Restaurants have the right to require the User to show the Order completion notification before releasing the product(s) included in the Order.
     • The User who placed the Order is responsible for the receipt of the Order completion notification and a notification shall be considered received as soon as it is published in the App.
     • The Restaurant keeps the product(s), which are ready for delivery, for a period of 60 minutes after entering the Order completion notification in the App, after which time the Restaurant has the right to refuse delivering the product(s).
     • If an Order includes alcohol, tobacco products or any other products subject to age restrictions according to the applicable law, the User is required to show an identity document as proof of their age if the Restaurant asks them to do so. If the User’s age does not meet the age restriction criteria or the User refuses to show an identity document as proof of their age, the Restaurant shall refuse to deliver the age-restricted product included in the Order and the Restaurant shall have the right to withdraw from the Sale Contract with regard to that product.
   • The details of the Order placed by the User (incl. purchase receipt prepared by the Restaurant) are stored in the Order history section of the Account.
4. Liability
   • While Viru Keskus makes every effort to ensure accuracy and reliability of the information disclosed in the App, Viru Keskus shall not accept responsibility for any inaccurate or misleading information in the App or for any past or ongoing violation committed via the App, provided that Viru Keskus was not aware of the violation or did take measures to improve the information, to stop the violation or to rectify the consequences.
   • The information on the Restaurants and their products in the App has been communicated to Viru Keskus by the Restaurants and Viru Keskus has no obligation to verify the information disclosed by the Restaurants. Viru Keskus is not liable for the content or information communicated by the Restaurants, nor any consequent or associated damages.
   • Viru Keskus issues no assurances or warranties as regards to the quality of the App, including any obvious or latent defects or suitability for any conventional or specific use. In addition, Viru Keskus is not required to grant claims from the Users about the quality of the App, and it shall not be liable for temporary unavailability of the App.
   • As Viru Keskus is not a party to the Sale Contract between the User and the Restaurant, Viru Keskus shall not be liable for any breach of the obligations arising from the Sale Contract (incl. problems with the quality or quantity of ordered products).
   • Viru Keskus is only liable for direct proprietary damage caused to the User by a deliberate breach of an obligation of Viru Keskus. Any other damage or loss of profit shall not be compensated.
   • If the User causes damage to Viru Keskus by breaching any of their obligations while using the App, the User shall compensate Viru Keskus for the full amount of the damage as soon as requested.
5. Intellectual property
   • Viru Keskus or any third parties granting a licence to Viru Keskus (incl. relevant Restaurants) are the sole and exclusive holders of any intellectual property rights in the App, including design, web design elements, texts and other components of the App, as well as related intellectual property rights (such as intellectual property rights in trademarks, logos, brands, software, databases, news, messages, texts, graphical, musical and other design), unless a reference is made to the rights of another party in connection with a particular component.
   • It is prohibited for the User, without a prior written consent of Viru Keskus, to modify, reproduce, distribute, process, translate, make excerpts from, transmit, include in other databases, make available to the public, copy, change or create derivative works based on the App, or any contents or components thereof or the associated technologies; to reverse assemble, decompile, disassemble or otherwise derive the source code of the App or its technology; to change any notification subject to intellectual property rights in the App or to use the App in any manner that goes beyond the conventional use of the App for the intended purpose. In addition, the User has no right to grant licenses for the use of the App or any contents or components thereof, or to create new objects of intellectual property based on them.
6. Other conditions
   • Any notifications communicated to the User via the App (except Order completion notifications) shall be considered as received 24 hours after being sent.
   • Viru Keskus reserves the right to modify and supplement the Terms or to establish additional conditions. Such modifications and supplements shall enter into force from the moment of being disclosed in the App, after the User has been notified of the update of the Terms via the App and/or email. If the User does not consent to the updated Terms, the User shall stop using the App and shall close their Account.
   • If any matters related to using the App are not regulated by the Terms, they shall be governed by the applicable legislation of the Republic of Estonia. If a provision of the Terms becomes invalid due to a conflict with the law, it shall not affect the validity of the remaining provisions.
   • Primarily, any disagreements and disputes arising from the Terms shall be settled through negotiations between the parties. If settlement of a disagreement through negotiations is not possible, the dispute shall be settled in a court. If the User is a natural person engaged in economic professional activities, or a person who has moved to a foreign country after starting to use the App, or a person whose place of business, residence or location is unknown at the time of filing the action, the competent court for dispute settlement shall be Harju County Court. A consumer has the right to ask the Consumer Disputes Committee at the Consumer Protection and Technical Regulatory Authority to resolve the dispute.
   • It the Terms are also drafted in any other language the Estonian version shall prevail.