Terms and Conditions of Use

1. Terminology

The following terms, used in this document, will have the following meaning (apart from any situation where they are used with a clearly different meaning):

  1. "Applications" and/or "Apps" – The "Nom Nom Admin" app, available at the admin.nomnom-app.com web address, along with the "Nom Nom" and "Nom Nom Waiter" mobile apps, available in the Apple App Store and in the Google Play Store;
  2. "Nom Nom" and/or "Us" – Nom Nom d.o.o. is a limited liability company duly incorporated and registered in Croatia, having its registered office at Savska cesta 41, Zagreb, 10000, Croatia, OIB 62444693223, the owner of the Applications. Nom Nom owns all the rights and intellectual property over the Applications, as well as the right to market them;
  3. "Mobile device" – The mobile phone or tablet onto which one (or more) of the Applications is downloaded, installed, and/or used;
  4. "The Web Site" – The web site accessible at nomnom-app.com and nomnom-app.ro;
  5. "Services" – The services provided by Nom Nom to the user through the Applications;
  6. "Terms and Conditions of Use" and/or "Terms and Conditions" and/or "T&C" – The current document, the Privacy Policy, as well as any other documents available on the Nom Nom Platform, that regulate the legal relationship between Nom Nom and The Users;
  7. "The Platform" – The web site, the Applications and any other adjacent service provided by Nom Nom or third parties and designed to be used together;
  8. "Location" – Any restaurant, pub, café, bar, club, and/or other unit listed in the Applications with the goal of offering commercial services to the Users;
  9. "Administrator" – The location administrator or any other person authorized by the Location to administer the account, information, and configuration of the Location in the Platform, and to interact with Nom Nom as an official representative of the company that owns the rights to the Location;
  10. "Waiter" – Employee of the Location that serves consumers and collects the payment for the order, either using the Application or without using it;
  11. "User" – Any person that uses any part of the Platform or Services, regardless if they have a user account or not;
  12. "User Account" – The account that a user can create in the Platform in order to use the Platform;
  13. "Registered User" – Any user that created a User Account, as defined in section 5 below.

2. Accepting the Terms and Conditions of Use and Changes to the Agreements

This document has the legal nature of a distance contract signed between you as a User and Nom Nom as an Application Holder.

These Terms and Conditions of Use govern you access to and use of the Platform and inform you regarding the conditions under which Nom Nom provides you with services through the Platform.

The Terms and Conditions of Use must be read in conjunction with the Privacy Policy and both documents may be subject to periodic changes. It is your responsibility to comply with the latest version of the Terms and Conditions of Use and the Privacy Policy in effect at any time. By accessing or using the Services, you agree to be bound by the stipulated terms.

The content of these Terms and Conditions of Use is available on the Internet at https://api.nomnom-app.com/1.0/general/terms-and-conditions/nom-nom-mobile-client/active?culture=en in a format that allows you to store and reproduce them. A link to the website containing these Terms and Conditions of Use is displayed on the Web Site and in the sidebar of the Apps. With each use of the Web Site’s information, services, and resources, including the opening of a page from the Web site or an Application section, or clicking on a link displayed on the Web Site, or performing an action within the Applications, the User acknowledges and agrees that he / she has read these Terms and Conditions of Use, expressly agrees with them and undertakes to respect them. The Terms and Conditions of Use will be presented and made available to you when you create your User Account.

For any question regarding the Terms and Conditions of Use and the Privacy Policy, please contact us at contact@nomnom-app.com. If you do not agree to these Terms and Conditions of Use in full, please do not use our Services.

3. Who we are

The platform is operated by Nom Nom d.o.o., a limited liability company duly incorporated and registered in Croatia, having its registered office at Savska cesta 41, Zagreb, 10000, Croatia, OIB 62444693223. The Nom Nom activity consists of intermediation services and augmentation of the services provided by Locations to you.

4. Scope of services

Through our Services, we aim to provide Locations with the necessary means to take orders directly from customers located within the Location through Mobile Devices. The platform allows an Administrator to create a digital version of the menu, gives Location customers the possibility to view this menu and order from it and sends the orders to the responsible Waiter, according to how this responsibility is configured by the Administrator.

Access to the Web Site is allowed for any person accessing it, without the need to create a user account. The Web Site allows access to information in the form of, but not limited to, text, video, images, contact details.

The services provided may only be used by persons who have created a User Account for the Web Site and /or Applications, as defined in Section 5 below. These include, but are not limited to, Services that allow an Administrator to register a company on the platform with all the information required for a customer, such as location, menu, products, prices and waiters, Services that allow a user to view the menu available in a location, to order and make payment of such an order through the Apps payment process (if available), Services that allow a Waiter to view and interact with orders and requests placed by each assigned table, as well as other Services provided for Registered Users.

Because the Nom Nom services are diverse and are expanding and constantly changing with the goal of improving and expanding them, the number of services, their characteristics and the service delivery manner can be changed at any time by Nom Nom. If a User disagrees with T&C as amended, he or she must refrain from using the Platform at that time. Nom Nom is not responsible for the use of the Platform by any User who does so without agreeing to T&C.

5. Creating a user account

To make full use of the Services, you will create a user account by filling in the electronic registration form available through the "Register" button in any of the Applications. You will fill in all fields marked as mandatory in the electronic registration form. Any fields may be modified by the Registered User after creating the User Account at any time during the registration or use of the Web Site and/or Applications. A User Account with a password and username/email address will allow the Registered User to access the Application from which it was created. In the case of refusal to provide the required information during registration of the User Account, Nom Nom is entitled to refuse registration.

If a User already has an account created in any of the Nom Nom Applications and wants to gain access to another Application, the User will access the application he / she wishes to access using previously recorded data and will respond positively when the system asks him / her if he / she wishes to gain access.

When creating a User Account, you will be prompted to read and accept T&C. By pressing the "Accept" button, you will explicitly and voluntarily agree to the T&C provisions, stating that you have read these T&Cs and that you are compelled to respect them. Nom Nom may keep log files with the IP address of Users on its servers as well as any other information necessary to identify the Registered User and reproduce the User's T&C agreement in the event of litigation.

The registration of individuals with little or no exercise capacity (such as people under the age of 18) as Registered Users in Applications is not allowed. Parents exercising custody rights, guardians or legal representatives of that minor are responsible for all damages caused to Nom Nom, Locations and to any third parties in the process of registering or using the Services, as well as for all damages resulting from false data or any false or misleading statement.

When filling in the fields in the User Account Registration Form, the future Registered User is required to pass the full and truthful identification data of the User Account, as well as all other necessary information. The Registered User warrants that the information provided at the time of registration of the User Account is true, complete and accurate. The Registered User is responsible for maintaining the accuracy and indicating any changes in the User Account details. In cases where false data are recorded on a User Account, Nom Nom is entitled to immediately terminate or suspend access to the Service, the use of the Platform, and the User Account without notice.

6. General use of the service – Permissions and Restrictions

Nom Nom hereby grants you permission to access and use the Services subject to the following express conditions and you confirm that your failure to comply with any of these conditions will constitute a violation of these T&Cs by you:

  1. You agree not to distribute any part or parts of the Platform or Services including, but not limited to, any content in any form without the prior written permission of Nom Nom, unless Nom Nom provides you with the means required for that distribution through the functions provided by the Services;
  2. You agree not to modify or change any part of the Platform or any of the Services;
  3. You agree not to access any part of the Platform by any technology or means, except pages within the Sites themselves, mobile applications, or any other means expressly provided by Nom Nom for that purpose;
  4. You agree not to (or attempt to) avoid, disable, or interfere in any other way with any Services-related security features or functions that (i) prevent or restrict the use or copying of the Content; or (ii) limit the use of Services or content accessible through the Services;
  5. You agree not to use or launch any automated system (including, but not limited to, any robot, spider or offline reader) accessing Services via channels that send multiple request messages to Nom Nom servers in a certain amount of time that a human being could not reasonably be able to send through a standard (i.e. unchanged) web browser or mobile device available to the general public;
  6. You agree not to collect or gather any personal information of any User of the Sites or of any Service (and you agree that this clause will include account names);
  7. You agree not to access Content for any purpose other than the purpose and permission provided by the normal operation of the Services.
  8. You will not copy, reproduce, distribute, transmit, diffuse, display, sell, license, or otherwise exploit any Content for any other purpose, without the prior written consent of Nom Nom or its respective Content Licensors.

Nom Nom grants public search engine operators’ permission to use spider-type programs to copy material from the site for the sole purpose of producing searchable indexes available to the public in connection with the materials, but not caches or archives of those materials. Nom Nom reserves the right to revoke these exceptions, either in general or in certain circumstances.

You agree that you are solely responsible (and that Nom Nom bears no responsibility towards you and any other third party) for any breach of your obligations under the Terms and for the consequences (including any loss or damage that Nom Nom may suffer) resulting from such a violation.

7. Disclaimers and Limitations of Liability

7.1. Liability concerning your use of the Platform

The User is solely and fully responsible for the way he/she uses the Applications, and for the consequences of such use, including any damage caused by the use of the Applications, both to Nom Nom, to Locations and to third parties. Therefore, Nom Nom cannot be held liable for any kind of harm to Users, Locations or third parties through or as a result of the use of the Apps.

Also, under no circumstances may Nom Nom be held liable for a possible violation of any person's (Location or third party) rights by Users as a result of the use of the Apps.

Nom Nom makes every effort to ensure that the information available in the Platform is accurate and up-to-date but does not guarantee the authenticity and completeness of the content and does not assume any terms for updating the information, unless otherwise specified in the Platform. Nom Nom makes every effort to provide the Services for normal use by the User but is not required or warrants that the Services provided will meet the User's requirements or that the Services will be continuous, timely and secure. By accepting these T&Cs, the User declares that the use of the Services provided will be entirely at his / her own risk and liability and agrees that Nom Nom will not be liable for any damages that may be suffered by the User while using the Platform, except those damages that are intentionally caused by Nom Nom or are due to its serious fault.

Nom Nom will not be responsible for the content and information of any third party, including, but not limited to, advertisements, banners or other promotional items placed anywhere on the Platform.

7.2. Liability concerning services offered by the Restaurant

Nom Nom is not responsible in any way for the User-Location Relationship following Interaction through the Applications, for the Location Services, and/or similar.

For the avoidance of doubt, the User understands and agrees that he/she interacts with Locations on his/her own responsibility. Thus, the User understands and accepts that Nom Nom provides him/her with a means of making orders and interacting with Waiters, but under no circumstance does listing a Location within the Applications constitutes a recommendation and/or a guarantee from Nom Nom regarding the Location’s Services. In this regard, the User understands and accepts that Nom Nom does not verify location services beforehand, including prices and menu, nor the fulfillment of the legal conditions of operation.

The User also understands and accepts that Nom Nom receives information about Locations from the Location representatives and cannot be held responsible if any information about Locations is not correct (such as address, phone number, number of seats, pictures, menu, prices, ingredients, etc.). At the same time, Nom Nom cannot be held responsible for any other information made public within the Platform, if it is received from third parties.

Finally, the User understands and accepts that Nom Nom mediates the interaction between the User and the Location but has no control over how the Site honors orders or any other interaction. For this reason, Nom Nom cannot be held responsible if an order cannot be honored or is inadequately honored by the location.

Nom Nom seeks to provide a quality service and as such we ask you to contact us using the contact section of the Web Site or Applications or the contact details available in these Terms and Conditions of Use if there is a problem with the Services provided by Locations. We closely monitor partner locations and it is especially important for us that they comply with our standards and to help us maintain a good reputation with our users. However, Nom Nom will not be liable for the Services provided by the Locations.

It is your responsibility to inform the Location or one of their Waiters before placing your order if you have an allergy. Nom Nom cannot guarantee that products sold by Locations are free of allergens.

You may have the option of ordering alcoholic beverages and/or tobacco products from certain Locations. Individuals who place an order for alcohol and/or tobacco products from a Location must be over 18 years of age. Alcoholic beverages and tobacco products can only be sold to people over 18 years of age, in accordance with current legislation. By placing an order that includes alcohol or tobacco products, you confirm that you are at least 18 years of age. Nom Nom reserves the right to refuse to allow placing an order containing alcohol by any person who does not appear or cannot prove to be over 18 years old. Nom Nom and Partner Sites also reserve the right to refuse to serve alcohol to any person who is or appears to be under the influence of alcohol or drugs.

You understand that your order can be processed immediately after placing the order and as such, your right to cancel or change the order is limited. If you want to cancel or modify an order, you must do so through the Application or by contacting a Waiter as soon as possible.

Nom Nom and the Location reserve the right to cancel any order, prior to its delivery, if that order cannot be honored or they refuse to honor it for any reason. You will not be billed for canceled orders under this clause. Any payment made prior to the cancellation of an order by Nom Nom or a Location will be refunded, usually using the same method you used to pay for your order.

All sales are final due to the nature of the products not being suitable for resale. If the delivered products do not match those ordered, please contact the Location or one of the Waiters before requesting the check to correct the situation.

7.3. Liability concerning access to and availability of the Platform

To the extent permitted by law, Nom Nom provides the Services "as is" and does not provide any statement or warranty of any kind, express or implied, regarding the content or availability of the Services, or that they will be provided on time, without errors or defects or that defects will be corrected. Except as stated below, neither Nom Nom nor any Location will have any liability whatsoever to you for any direct, indirect, special or consequential loss or damage arising out of the contract, under the law (including negligence) or otherwise arising from your use or your inability to use our Services. If Nom Nom or a Location is found responsible towards you, our total cumulative liability is limited to the purchase price of the products you pay in your order. This does not exclude or limit in any way the liability of Nom Nom or any Location for any matter for which it would be illegal to exclude or attempt to exclude liability, including liability for death or personal injury caused by negligence or fraud or fraudulent declaration.

Nom Nom shall not be liable for any damages or loss of profit incurred by the User or any third party arising as a result of the termination, modification or limitation of the Services or the deactivation of the User Account due to the User's breach of these T&C or the legislation in effect or due to information or decisions issued by competent authorities.

Nom Nom cannot guarantee that a Location chooses to use any of the means of payment existing in the Applications and does not provide any statement or warranty of any kind, express or implied, regarding the availability of a particular means of payment within a Location, or that the means of payment accepted by a Location will not change.

At the same time, although Nom Nom makes every effort to ensure the Platform's security, Nom Nom is not responsible if, for whatever reason, the user’s phones, tablets, or computers are affected as a result of using it. At the same time, Nom Nom is not responsible if users attempt to install Applications on systems (phones, tablets, or computers) that are not compatible with them, including when the operation of these systems is affected.

The platform contains links to websites that are not owned by Nom Nom. These links are provided to give you additional information, but without any responsibility for the content, security, privacy policies, or anything else provided by third party sites.

7.4. Indemnity

In any situation where Nom Nom’s liability may be incurred, Nom Nom’s liability is limited to the price paid by Users for the use of the Platform and We are under no obligation to repair the User's unfulfilled benefit, loss of profits and/or other indirect damage caused to them.

8. Intellectual property rights

All rights, titles, or interests in and regarding the Services are and will remain the exclusive property of Nom Nom as the holder or licensor of all intellectual property rights in our Platform and the material published thereon. These works are protected by copyrights, trademarks, Croatian laws and other international treaties. Nothing in these Terms and Conditions of Use gives you the right to use the Nom Nom name or any of the trademarks, logos, domain names, other distinctive commercial features or other Nom Nom-protected material. Any views, comments or suggestions you may provide regarding Nom Nom or Services are entirely voluntary and Nom Nom will be free to use these views, comments or suggestions as it deems appropriate and without any obligation towards you. You may not copy, reproduce, republish, download, broadcast, transmit, make available to the public or otherwise use any Content on our Platform including text, design elements, graphics, interfaces, and illustrations in any way except for use in personal, non-commercial purpose.

The services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of those websites or resources, or (ii) the content, products or services on or available from such websites or resources. Links to those websites or resources do not constitute any approval or association from or towards Nom Nom regarding those websites, resources or the content, products, or services available from those websites or resources. You acknowledge the exclusive responsibility for and assume all the risk arising from your use of any such websites or resources.

At the same time, text, graphics, photo, or video elements for which Locations or other third parties may hold intellectual property rights may be published in the Platform. In that situation, Users are required to respect intellectual property rights and refrain from any act that would lead to their violation.

9. User account de-registration, suspension, or termination

Each Registered User is entitled to delete his/her User Account using the dedicated feature existing in all Applications, or by contacting Nom Nom at contact@nomnom-app.com. Nom Nom will comply with any request for deactivation within 30 days of receipt of the request.

Any deactivation will not affect the obligations of a Registered User towards Nom Nom, Partner Locations or third parties in accordance with, or as a result of, the Terms and Conditions of Use (including, but not limited to, Intellectual Property, Indemnification and Limitation of Liability) intended to maintain that deactivation.

Nom Nom may disable a User Account or suspend access to the Platform or Services if a Registered User violates the Terms and Conditions of Use or for other misconducts, at the discretion of Nom Nom and without prior notice.

In the event of Deactivation of the User Account, Nom Nom will be entitled to immediately revoke access to the Platform and/or Services. In this case, Nom Nom will not be liable for any damages and loss of profit suffered by the Registered User or third parties arising from the termination of access to a User Account.

10. Personal data and collection of information

Nom Nom collects users' personal data within the limits, purposes and conditions set forth in the T&C. By downloading, installing, and using the Applications, as well as by creating the User Account, the User grants Nom Nom the right to store and process the personal data entered into the Platform. The provisions of the Privacy Policy apply accordingly.

11. Uploaded material or data

Any material that you upload to our Platform or the data we collect pursuant to Section 10 above will be deemed non-confidential and impersonal, and you acknowledge and agree that we will have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our activity. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, global, royalty-free license to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our activity. If this data constitutes personal data, we will process it in accordance with our Privacy Policy and applicable law.

12. Changes to the Agreements

We may update these Terms and Conditions of Use at any time by modifying this page. It is your duty to check this page periodically and to be aware of any changes made, as they are binding on you. You acknowledge and agree that the continued use of our Services will constitute your acceptance of any provision of the Terms and Conditions of Use as may be applicable at the time you use the Platform. If you disagree with any of the terms of the Terms and Conditions of Use, please request the deactivation of your User Account and discontinue the use of our Services.

13. Severability

If any provision of these Terms and Conditions of Use will be deemed void, unlawful or unenforceable, this will not result in the nullity of any other provision or other part thereof. The null provision will be replaced by imperative rules of law or practice or established customs, and the rest of the provisions will continue to be in full force and effect.

14. Entire agreement

These Terms and Conditions of Use, together with the Privacy Policy, contain the entire agreement between the parties on their subject matter and replace all prior agreements, arrangements, and understandings between the parties regarding their subject matter.

15. Governing Law / Jurisdiction

These Terms and Conditions of Use are governed by Croatian law and the Croatian courts will have jurisdiction over any claims arising out of or in connection with any use of our Services.

Starting February 15, 2016, an alternative dispute resolution mechanism is available for consumers purchasing goods or online services. More information about and access to the online dispute resolution platform can be found by accessing the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show

16. Other provisions

This document was approved on April 1st, 2019 and will be in effect starting with this date.

For any aspect regarding our platform, you can contact us at the following email address: contact@nomnom-app.com.