Terms & Conditions for the Abanero Application

General Information:

This application ("Abanero") is operated by Mobile-food Sàrl, located at rue du Château 11, 2000 Neuchâtel, Switzerland, registered under the UID CHE-402.344.470. Abanero serves as a platform for users to efficiently order and pay for food at nearby food trucks during events.

Use of the Application:

Users may choose to create an account to access additional features such as order history, saved preferences, and expedited checkout. Clients without an account must provide a valid phone number and email address for order confirmation and communication. Users must be at least 16 years of age to use the application. Account holders must use a secure password and are limited to one account per email address.

Payment:

Payment methods accepted include Visa, Mastercard, and Twint. For payment disputes, users should contact us at contact@abanero.app. Refunds will be provided if an order is not fulfilled or if the quality does not meet Abanero's standards, as agreed upon by both Abanero and the client. Refunds for clients without an account will be processed via the payment method used for the order. If Mobile-food Sàrl operates a refund, the food truck will not be paid for the food item that was reimbursed. This means that any refunded amount will be deducted from the total payment remitted to the food truck owner.

Orders & Delivery:

Orders are confirmed via email and through an in-app confirmation page. In the event of late or incorrect orders, users should contact the responsible food truck directly. If the issue persists, users may contact Abanero's support.

Responsibilities:

Abanero functions solely as a software platform and is not responsible for food preparation, hygiene, or delivery. Issues regarding food quality, safety, or hygiene are the responsibility of the food truck. Mobile-food Sàrl is not responsible for any disputes concerning the organization or handling of events; these are to be resolved between the event planner and the food truck owner.

Intellectual Property:

The content, design, and logo of the application are proprietary assets of Abanero.

User Conduct:

Users, including food truck owners, event planners, and clients, must not exploit the system to gain undue benefits. Violations may result in account suspension or termination. Users can report issues or violations via the in-app support system or by contacting contact@abanero.app. Suspicious orders may be canceled at the discretion of Abanero's team or the participating food truck.

Data Privacy & Security:

User data is stored securely in Switzerland, adhering to prevalent security standards. Hosting services are provided by Infomaniak. Details on Infomaniak's certifications can be found here. Abanero complies with the Swiss Federal Act on Data Protection (FADP) and the General Data Protection Regulation (GDPR) where applicable.

Amendments to the Terms:

Abanero reserves the right to modify these terms at any time. Continued use of the platform after changes signifies agreement to the updated terms. Amendments to these terms can occur in simple written form between Mobile-food Sàrl and any client. "Simple written form" implies that no handwritten signature is necessary, and an exchange of emails suffices.

Food Truck Owners:

Food truck owners must provide valid business certifications, insurance, and hygiene standard compliance documents to join the platform. They are responsible for maintaining food safety, quality, and timely delivery of orders. Food truck owners must accept that Mobile-food Sàrl will receive payments via the application and remit the amounts after the event, minus Mobile-food's commission. Unless previously communicated, food truck owners must use the payment method offered by Abanero exclusively. Food truck owners are required to keep their stock levels updated and strive to serve clients promptly. Mobile-food Sàrl reserves the right to exclude any partner not adhering to these terms.

Event Planners:

Event planners are responsible for organising and managing events within the application, ensuring accurate scheduling and coordination with food truck owners. They must provide food truck owners with necessary access, including electricity and water. Event planners receive comprehensive information about the event, including turnover, quantities, and types of items sold. Disputes between event planners and food truck owners or clients should be reported to Abanero support. Event planners and food truck owners are responsible for the food truck owners' work. Food truck owners are free to interact with event planners during, prior to, and after the event.

Promotional Content and Advertisements:

Any promotional content, advertisements, or partnerships displayed within the application must adhere to Abanero's guidelines and standards. Food truck owners and event planners may participate in promotional activities with prior approval from Abanero. Unauthorized promotional content will be removed, and the responsible party may face penalties. Event planners are free to promote their events. Mobile-food Sàrl may also promote the event, but this is not a commitment.

Clients:

Clients can visit an event page and place orders with or without an account. Creating an account allows users to view previous orders and save preferences. References can be requested within the platform using the contact form. The contact form is a free method of contact. Any issues or violations of terms should be submitted via the contact form.

Jurisdiction:

Any disputes arising out of these terms shall be adjudicated in the "Tribunal régional du Littoral et du Val-de-Travers" in Neuchâtel, Switzerland.