fbpx

Yindii Terms and conditions

1. Introduction

Welcome to Yindii app, which is owned by Welcome to Yindii app, which is owned and operated by Watawaste Company Ltd, registered at 30 Soi Sukhumvit 61, Khwaeng Khlong Tan Nuea, Khet Watthana, Krung Thep Maha Nakhon 10110, Thailand (“Yindii” or “we”).

Yindii’s mission is to reduce food waste in Asia by making surplus food more accessible and affordable.

We provide a way for the end user (“Customer”) to communicate his or her reservations for surplus food and other surplus products, incWe provide a way for the end user (“Customer”) to communicate his or her reservations for surplus food and other surplus products, including unspecified products in “Yindii Box” (“Products”) at food Merchants, restaurants, supermarkets, bakeries, hotels, cafes, etc. (“Merchants”) displayed on our website or mobile application (the “Platform”).

These terms and conditions (“Terms”) apply to any reservation and sale of the Products which are carried out via our website or Platform.

When placing a Reservation Order (as defined below), the Customer accepts these Terms and thus, the Customer is required to review the Terms thoroughly before the Customer places an order on the Platform.

Yindii’s cookie and privacy policy, as available at all times on the Platform, shall form an integrated part of these Terms and shall be automatically accepted upon acceptance of these Terms.Yindii’s cookie and privacy policy, as available at all times on the Platform, shall form an integrated part of these Terms and shall be automatically accepted upon acceptance of these Terms.

Any correspondence with Yindii may be submitted to the following e-mail address: [email protected]

2. Yindii Concept

The Products are made available for reservation on the Platform, and Customers may reserve the Products by placing a “Reservation” Order (as defined below) on the Platform.

The Reservation is considered confirmed if neither the Merchant nor the Customer has cancelled the Reservation Order 1 hour before the agreed pick-up time starts.

Once a Customer reserves a Product and the Merchant accepts the Reservation, the Customer commits to Once a Customer reserves a Product and the Merchant accepts the Reservation, the Customer commits to be present at the Merchant at the Pick-up time (in case of “Direct Pick-up”) or provide all the information necessary to complete the delivery. While the Merchant commits to offer the Products for sale, as specified herein. Both parties have a right of cancellation as defined below.

Yindii is solely arranging the sale of Products on the Platform on behalf of a Merchant, and there shall be no contractual relationship between Yindii and the Customer with regard to the Products or the sale of Products. Yindii has no responsibilities in respect of the Products or fulfillment of the agreement between the Merchant and the Customer.

Yindii is solely collecting the Purchase Price (as

Yindii is solely collecting the Purchase Price (as defined below) for the Products on behalf of the Merchant and is thus merely acting as a payment agent on behalf of the Merchant. Only exception is when Yindii is acting as a delivery service provider (as defined below).

3. Acceptance

When placing an order on the Platform, the Customer confirms:

  • To be legally capable of entering into binding agreements,
  • To be a consumer shopping for personal purposes and
  • To be 18 years old and in the possession of a valid debit, credit card or other payment means available for payment on the Platform.

By accepting these Terms, the Customer accepts to receive all relevant information in English. Furthermore, the Customer accepts that all agreements between the Customer and Yindii and any related information necessary for conducting the Services are stored by Yindii in accordance with Yindii’s privacy policy.

Furthermore, by accepting these Terms, the Customer accepts to receive emails and text messages related to any orders placed by the Customer. This is required by Yindii in order to ensure that the Customer receives all essential notifications related to the order.

Yindii reserves the right to revise and amend the Terms from time to time. The Customer’s order will be subject to the Terms applicable at the time when the Customer placed the order.

4. Yindii’s contact information and customer service

Watawaste Company Ltd

30 Soi Sukhumvit 61, Khwaeng Khlong Tan Nuea, Khet Watthana, Krung Thep Maha Nakhon 10110, Bangkok, Thailand

Any correspondence with Yindii may be submitted to the following e-mail address [email protected] or through our Official LINE Yindii.

5. Product and Product information

Yindii is exclusively arranging the contract between the Customer and the Merchant and Yindii has no responsibilities in respect of the Products or fulfilment of the contract between the Merchant and the Customer.

Yindii does not, in any way, manufacture, sell, purchase, store prepare, produce, process, mark, pack, deliver or handle the Products. Yindii has no responsibility for the fulfilment of the contractual obligations towards the Customer regarding the Products, including the manufacturing, sale, purchase, storage, preparation, production, processing, marking, delivery, quality, ingredients, allergens or handling of the Products, and the compliance with applicable legislation, including with respect to the above, unless Yindii is explicitly designated as the manufacturer, seller or delivery service provider of the Product on the Platform.

The Customer can find information about the Products and a description of the Products on the Platform. This information is only instructive and for the purpose of giving the Customer the best prerequisites for evaluating selected Products before making the reservation. There may be instances where the Platform is not updated and where the actual product range, stocked items etc. is not as stated on the Platform. In such cases, Yindii is of no liability. It is the Merchants that are responsible for providing information about the Products and to ensure that it is factually accurate and up-to-date. Yindii does not undertake any such responsibility and, hence, has no liability for the contents of or availability of information regarding the Products.

If the Customer is in doubt about allergy warnings, contents of a dish or any other menu information, the Customer shall confirm with the Merchant directly before ordering. The Merchant’s contact information will appear on the Platform. The Customer may always cancel the Reservation Order, if the cancelation is due to ingredients, allergens or other labelling related information regarding the Product.

Upon Pick-up or Delivery (as defined below), the Merchant shall provide the Customer with information regarding list of ingredients, allergens and other labelling related information regarding the Product. Any Products purchased via the Yindii Platform shall be consumed immediately after Pick-up and/or as instructed by the Product Label or the Merchant. Yindii will not assume any liability for Customers’ adverse reactions from Products for any reasons, including if consumed inconsistently with the labelling or the information set out in these terms or given directly by the Merchant.

Yindii is not liable or responsible for any failure to perform or any delay in the performance of any obligations relating to the Products, including with respect to manufacturing, sale, purchase, storage, preparation, production, processing, marking, delivery, quality, ingredients, allergens or handling of the Products.

Via the Platform, Yindii may provide Merchants with an option to vary or amend the content or information submitted (including without limitation information relating to the Products). Merchants acknowledge that any such content or information may be made available in real time to end Customers via the Platform operated by Yindii or otherwise, and undertake that Merchant will (and shall be responsible) to handle any complaints or queries by the Customers in respect of the said content or information without incurring liability on Yindii’s part. Yindii may, but is not obliged to, review the content or information submitted by the Merchants from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted where Yindii deems necessary. For the avoidance of doubt, Merchants shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third party rights.

6. Reservation of Products

A list of active Merchants can be found in the app. If the Customer has allowed the app to use location services, the app will track the Customer’s location and the list will show Merchants near the Customer. Once the Customer has selected the Merchant and Product, the Customer will be given the opportunity to submit his or her order by clicking “reserve”, “place reservation” or a similar button.

The list is solely established in consideration of a geographical criteria. The Customer has the possibility to filter the results in consideration of the availability of Products to reserve, of the Pick-up hour, of the nature of Products contained in “Yindii Box”, or as otherwise determined by Yindii.

The referenced Merchants are the ones who are active on the Platform.

The supply of Products on the Platform is only an invitation to the Customer to place a reservation. A reservation order made by the Customer via the Platform (“Reservation Order”) is considered an offer by the Customer to the Merchant to purchase a Product.

The Reservation Order shall be accepted by the Merchant upon Pick-up and, hence, the reservation shall be final and binding upon the Merchant and Customer upon Pick-up of the Product (as defined below), subject, however, to the limitations in the cancellation rights due to the nature of the Concept, as described in clause 7 below.

7. Reservation Confirmation

Upon receiving the Reservation Order, Yindii will begin processing it by sending the reservation to the relevant Merchant. Yindii will notify the Customer that the Reservation Order has been received (“Reservation Confirmation”) and is being processed. Please note that any confirmation page that the Customer may visit on the Platform merely indicates that the reservation has been received and is being processed and does not mean that the reservation has been accepted by the Merchant.

The Reservation Confirmation should be saved by the Customer. The Reservation Confirmation will contain information regarding the reservation placed by the Customer.

Please note that the Reservation Confirmation does not mean that the reservation is accepted, but is merely a confirmation of receipt of the Reservation Order.

8. Right of cancellation

Yindii’s concept is to avoid waste of food and other products and therefore, if the Merchant has no Products in excess, the Merchant may cancel the Reservation Order up until one hour before the beginning of the agreed time of Pick-up (as described below). In this case, the Customer will receive a cancellation notification from Yindii or the Merchant via email and/or SMS/and or a notification from the Platform provided that the contact information provided to Yindii is correct, and that the Customer has agreed to receiving such notifications.

Since the Products are perishable goods and since Yindii’s concept is to avoid waste of food and other products, the Customer can only cancel the Reservation Order up until one hour before the beginning of the agreed time of Pick-up. However, the Customer may cancel the Reservation Order until Pick-up ends, if the cancellation is due to ingredients, allergens or other labeling related information regarding the Product.

The decision to use the right to cancellation shall be communicated by the Customer to Yindii via the complaint link in the Platform. If the Customer cancels the Reservation order outside of the rights set out above, the Customer will not be entitled to refund.

9. Pick-up

If Customer opts for “Pick-up”, Products reserved on the Platform must be picked-up by the Customer at the stated pick-up address (“Pick-up”) during the stated Pickup time. The Pick-up time will normally be in a time period of 30 minutes to 1 hour but can be both shorter and longer. Merchant’s description and details about when and where the Products can be picked up will appear on the Platform and is stated in the Reservation Confirmation as well. If the Customer arrives at the Pick-up address before the specified pick-up time, we ask him or her to please wait outside for the sake of the Merchant’s guests. Be aware that if the Customer arrives too late, the Merchant may be closed and/or the Product may be unavailable.

Since the Products are perishable goods and since Yindii’s concept is to avoid waste of food and other products, the Merchant is entitled to sell the Product to another customer if the Customer does not Pick-up the Reservation Order within the time period set out in the Reservation Confirmation. In this event, Yindii is entitled to charge the Purchase Price (as defined below) from the Customer.

Upon Pick-up, the Customer shall show his or her Reservation Confirmation in the Yindii app to the Merchant’s employees, after which they will “swipe” the receipt and hand out the Products reserved. It is the Customer’s responsibility to ensure that the Reservation Confirmation in the app can be shown at Pick-up. The Customer is required to make sure that the Products and number of Products handed out correspond to the Customer’s reservation.

After the pick-up of the Products, the Customer shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the food contained in the Products (including but not limited to containers) whether caused directly or indirectly by the Customer or any person acting on his or her behalf.

10. Delivery

The Platform allows Customers to place order reservations from Merchants, such orders to be delivered to Customer by third party delivery service providers (“Delivery Service Providers”). Yindii does not own, sell or resell any food items and does not control the Merchants (unless Yindii appoints itself to be a Merchant and/or the Delivery Service Provider), the Delivery Service Providers or any services provided by them. Customer understands that any order that he or she places shall be subject to the product availability and delivery location serviceability of the Merchants and/or the Delivery Service Providers.

All Order and delivery bookings placed on the Application are treated as confirmed one hour before pick-up time. If  a Customer cancels the Order after it has been confirmed, Yindii is entitled to charge the Purchase Price and Delivery Price from the Customer in full regardless of whether the order has been prepared by the Merchant or delivered by the Delivery Service Provider.

Upon your successful completion of an order, the Merchants and/or the Delivery Service Provider may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, Yindii is not involved in and will not be responsible for any separate arrangement between you and the Merchant and/or Delivery Service Provider regarding the amendment and/or cancellation of orders made by you where such arrangement is not confirmed and recorded on the Application.

Yindii, the Merchant and/or Delivery Service Provider may not to process the Customer Order in the event the Customer is unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable, if the requested delivery location falls outside the delivery zone offered in the Application, or unavailability of items ordered.

The Customer is responsible for ensuring that the details he or she entered on the Platform in respect of the Reservation Order are accurate and complete. Yindii shall not be liable in the event of late delivery or non-delivery of Products that the Customer ordered by reason of erroneous delivery details entered by him or her on the Platform.

After the delivery item is delivered, the Customer shall solely be liable for demurrage or loss, damage, contamination, soiling or detention relating to the delivery item whether or not caused directly or indirectly by the Customer or any recipient of the delivery item (or any person acting as servant, representative or independent contractor for or on behalf of the Customer or the recipient

The Customer acknowledges that in the ordinary course of delivering the item, the Third Party Provider may disclose his or her details to the recipient upon request. To the extent that you do not wish for this to take place, the Customer may inform the Third Party Provider via the Application at the point of making the booking. the Customer acknowledges and understands that he or she remains liable to pay the delivery booking fee in full in the event that the recipient refuses to take receipt of the item as a result of the decision to remain anonymous.

As a general rule the Customer shall not be entitled to cancel the delivery booking once he or she has received confirmation of the reservation. If the Customer cancels the delivery booking after the order has been confirmed, the Customer remains liable to pay the delivery booking fee in full. The Customer remains liable to pay the delivery booking fee in full where the recipient whom the Customer indicated in the Application is unreachable physically or uncontactable after 5 minutes from the time that the Third Party Provider arrives at the designated delivery location. Yindii and the Third Party Provider will have the right to not proceed with the booking in the following circumstances:

  • where the requested delivery location falls outside the delivery zone offered on the Application;
  • failure to contact the Customer by phone or other means at the time of confirming the delivery;
  • failure to deliver the order due to lack of information, direction or authorisation from the Customer at the time of delivery; or
  • the recipient whom the Customer indicated in the Application is unreachable physically or uncontactable, after 5 minutes from the time that the Third Party Provider arrives at the designated delivery location.

Third Party Providers have the right to refuse delivery if the delivery item falls within the categories listed above.

The Customer agrees to assume full responsibility and liability for all loss or damage suffered by himself or herself, the Third Party Provider, Yindii or any third party as a result of any breach of the Terms of Use.

12. Specific Cases

After the delivery of the Products and the Yindii may appoint itself to be the Delivery Service Provider and this information should be communicated to the Customers. In this specific case, Yindii is entitled to the same terms, conditions and obligations that a Third Party Service Provider.

Yindii may appoint itself to be the intermediary buyer of a Product(s), and this information must be communicated on the Products page so that the Customer knows before he or she makes a product Reservation. In this specific case, Yindii is acting as an intermediary buyer but is not entitled to the same terms, conditions and obligations as the Merchant. Yindii is only entitled to providing informative Product information.

After the Customer accepts the Products distributed by Yindii, whether through Direct Pickup or Delivery, the Customer waives his or her right to enter into any kind of legal actions or litigation against Yindii. Customers shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the food contained in the Products (including but not limited to containers) whether caused directly or indirectly by the Customer or any person acting on his or her behalf.

Yindii shall only be liable for direct losses and shall in no event be liable for indirect or consequential losses. In all events, except in the event of fraud or wilful misconduct, Yindii´s liability is limited to the amount of Product Purchase Price. This also applies in respect to product liability.

13. Price

All prices are indicated in the currency of the country in which the Merchant is located and is including applicable VAT but may exclude any online payment administration charges, unless otherwise specified.

Any fees related to the order, delivery and payment will be calculated and listed when the Customer places the Reservation Order.

Any value of the Products stated on the Platform is a minimum value had the Products not been sold as surplus food.

14. Discount

Any value of the Products stated on the Platform If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout of the reservation. All promotion codes and discounts are subject to its specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted Products may be rounded and will be set out on the check out page for your reservation. The Customer agrees that Yindii is not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. Yindii will not be liable for any losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo codes and discounts. Yindii may take any action against Customers if he or she has been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating the user account.

15. Payment

The Customer can pay with several brands of debit and credit cards as well as other payment methods made available on the Platform.

If using a credit or debit card, the Customer must enter his or her card number, the expiration date and the security code when placing a Reservation Order.

Upon placing a Reservation Order, the amount stipulated by the Merchant for the Products (“Purchase Price”) is authorized or reserved at the Customer’s account (depending on the chosen payment method) (“Account”). The Purchase Price is charged at the Customer’s account upon reservation of the Product or at or immediately after Pick-up (depending on the chosen method of payment). If the reservation is cancelled in accordance with these Terms, the Purchase Price is cancelled or refunded to the Customer.

The Purchase Price is collected by Yindii from the Customer on behalf of the Merchant. Yindii may amend, modify or restructure the payment procedure for its Customers, as it deems reasonable.

The Platform uses PCI compliant Payment Service Providers. Payment by debit or credit card on the Platform is safe and certified by the card issuer. All payments are made through an encrypted internet connection.

Yindii does not store any debit or credit card information. Such information is handled by the Payment Service Providers. However, such information may be stored by the Payment Service Providers.

If the Customer’s credit card or payment method is rejected when trying to pay for an order, the Customer should verify that the entered information is correct.

If the Customer has corrected the error and the credit card is still rejected, Yindii recommends that the Customer contacts his or her bank.

Due to standard banking procedures, once the Customer has submitted a Reservation Order by use of a credit or debit card and the payment has been authorized, the bank or card issuer will reserve the full amount of the Reservation Order. If the Reservation Order is subsequently rejected by the Merchant or cancelled for any other reason in accordance with these Terms, the bank or card issuer will not transfer the funds for the order to Yindii and will instead refund the Customer by releasing the relevant amount back into the Customer’s available balance. However, this may take up to 10 working days (or longer, depending on the Customer’s bank or card issuer), and Yindii does not have authority to make enquiries to a Customer’s bank or card issuer on specific payment issues. The Customer must do so.

By accepting these Terms, the Customer accepts the method of payment set out above and acknowledges and agrees that Yindii is not responsible or liable to the Customer in relation to the above.

12. Right of complaint

In case of a complaint concerning a Product (including the “Yindii Box” and its contents), the Customer shall address the complaint to the Customer Service of Yindii before considering any other action. Yindii will handle all claims ((including with respect to the “Yindii Box” and its contents) as Yindii deems correct and any decision by Yindii regarding the Product is entirely up to Yindii.

In the event that the intervention of Yindii is not to the satisfaction of the Customer, these Terms do not limit the means available to the Customer to resolve the dispute it has with the Merchant under statutory law. The Services are covered by statutory consumer protection legislation and other statutory legislation regarding purchase of goods in Thailand and provisions set out herein regarding defects and delays.

All complaints are handled exclusively by Yindii and the Customer shall direct complaints against Yindii and not the Merchant.

The Customer shall verify the content of the Products upon receipt.

In case of a complaint, the Customer shall contact Yindii via the email or LINE link on the Platform and provide the requested information and information about the Products and why the Customer is unsatisfied. After receiving the complaint, Yindii will process the complaint in cooperation with the Merchant if relevant and the Customer will receive a reply from Yindii within 10 business days.

In case the Customer is not satisfied with Yindii’s reply, the Customer may submit a complaint to the relevant consumer protection authority in the country where the purchase has been made.

17. Customer reviews

In particular (but without limitation), any reviews that the Customer submits through the Platform may not:

  • contain any defamatory, obscene or offensive material;
  • promote violence or discrimination;
  • infringe the intellectual property rights of another person or legal entity;
  • breach any legal duty owed to a third party (such as a duty of confidence);
  • promote illegal activity or invade another’s privacy;
  • give the impression that they originate from us; or
  • be used to impersonate another person or to misrepresent your affiliation with another person.

Yindii does not control, modify or edit any reviews posted, except that Yindii is entitled to remove or edit at any time any reviews posted, uploaded or transmitted to the Platform in the event that the review breaches one or more of the prohibitions mentioned above or is otherwise deemed fraudulent.

The reviews contained on the Platform are for information purposes only and do not constitute advice from Yindii. Reviews reflect the opinions of customers who have ordered through the Platform or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, Yindii assumes no responsibility or liability to any person for any reviews, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that the Customer may encounter in any such reviews.

Yindii is entitled to store the reviews.

The Customer will not receive compensation or benefits from making reviews through the Platform.

There may be a delay between the filing of the review and the publishing hereof.

18. Customer behavior

Customers are requested to show respect for the Merchant´s guests and personnel, as well as Yindii´s personnel.

The Customer is informed that in case of inappropriate behavior towards the Merchant, the other customers of the Merchant or Yindii, or if the Customer commits a crime against or in the Merchant’s store in connection with the Service, or violates the code of conduct rules of the Merchant or Yindii or any other similar behavior, Yindii may, in particular after complaints made by the Merchant, ban, exclude or suspend the Customer from the Platform and the Services. The intervention of Yindii does not deprive the Merchant of the means and rights at its disposal to obtain possible reparations.

19. Limitation of liability

Yindii shall not be liable for losses arising out of Yindii shall not be liable for losses arising out of or in connection with (i) matters for which an Merchant bears the responsibility, (ii) faults of third parties or through non-attributable interruption of availability of the Platform; (iii) orders by Customers made using fraudulently obtained payment data or other contractual data (e.g. the “phishing” of credit card data, identity theft etc.); (iv) content of sites to which the Platform links, including the accuracy of the linked sites and the data protection at such site; and (v) similar events as set out under (i) – (iv).

Yindii is not liable or responsible for any failure or non-compliance with respect to its Services if such failure is caused by circumstances outside Yindii’s control. Such circumstances may be but is not limited to disruptions in the operation of Yindii and/or the Merchant as a result of legislation, acts of state or public authorities, acts of war, terrorism, strikes, physical blockades, lockouts and natural disasters.

Yindii shall only be liable for direct losses and shall in no event be liable for indirect or consequential losses. In all events, except in the event of fraud or wilful misconduct, Yindii´s liability is limited to the amount of the Product Customer purchased.

This also applies in respect to product liability.

20. Intellectual Property

The Customer may use the Platform and print and download extracts from the Platform for his or her personal non-commercial use on the following basis:

The Customer must not misuse the Platform (including hacking or “scraping”).

Unless otherwise stated, the copyright and other intellectual property rights in the Platform and in material published on it (including without limitation photographs and graphical images) are owned by Yindii or Yindii’s licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the Platform other than in accordance with this clause 20 is prohibited.

The Customer may not modify the digital or paper copies of any materials that he or she prints in accordance with this clause 16 and the Customer may not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.

The Customer shall ensure that Yindii’s status as the author of the material on the Platform is always acknowledged and referenced.

The Customer is not allowed to use any of the materials on the Platform or the Platform itself for commercial purposes without obtaining a license from Yindii to do so.

Except as stated in this clause16, the Platform may not be used, and no part of the Platform may be reproduced or stored in any other Platform or included in any public or private electronic retrieval system or service, without Yindii’s prior written permission.

17. Governing law

These Terms (and any reservation and purchase of Products made hereunder) are subject to the laws of the country in which the Merchant, from which the reservation or purchase is made, is located.

Any dispute arising out of or in connection with these Terms shall – where such dispute cannot be settled amicably – be decided by the courts of the country in which the Merchant, from which the reservation or purchase is made, is located.

Irrespective hereof, the Customer may always submit a complaint to the relevant consumer protection authority applying in the country in which the Merchant, from which the reservation or purchase is made, is located.