By creating an Allicater user account and using the services, you agree to the following terms of use (hereinafter "Terms of Use").
Please read the Terms of Use carefully before using Allicater's services. If you do not agree to these Terms of Use, you may not use Allicater's services. The Terms of Use apply to all services ordered through the Allicater brokerage platform. By placing and confirming an Order on the Allicater platform, you enter into a Service Agreement with the Service Provider who confirmed the Order, and in that case the Terms of Use form an integral part of the Service Agreement concluded between the Orderer (you) and the Service Provider.
By creating a user account and using Allicater's services, you also confirm that you are an adult with full legal capacity and have the right to use and order the services referred to in the Terms of Use. By creating a user account on behalf of a legal entity, you further confirm that you have valid authorisations and the necessary consents to use and order the services referred to in the Terms of Use on behalf of that legal entity.
If you are a consumer, please note that under Article 16(L) of the European Parliament and Council Directive (EU) 2011/83 you do not have a right of withdrawal in respect of the Service Agreement concluded.
1. Definitions
"Allicater" means Allicater OÜ (registry code: 16850597; address: Riia 181a, Tartu, 51004, Estonia; email: support@allicater.com), which brokers Service Providers’ services to Orderers on its platform, available to users at the website allicater.com and in the mobile application (Allicater mobile app).
"Brokerage Service" means the brokerage activity carried out by Allicater in mediating Service Providers’ services to Orderers.
"Service Provider" means a catering establishment (restaurant, pub, bar, catering company, food truck, food workshop organiser, bar service provider, etc.) that has entered into an agreement with Allicater to broker Service Provider services to Orderers.
"Orderer" means an adult natural person or a legal person with legal capacity who uses the Allicater platform in order to receive Quotations from Service Providers and to conclude a Service Agreement with a suitable Service Provider.
"Service Agreement" means the agreement concluded between the Orderer and the Service Provider using the Allicater platform, the content of which is the provision of the Service specified in the confirmed Order by the Service Provider to the Orderer. The Service Agreement consists of the confirmed Order, the Terms of Use and any additional agreements between the Orderer and the Service Provider.
"Service" means the catering service provided by the Service Provider to the Orderer, comprising the sale and/or serving of the various foods and/or drinks requested by the Orderer at the event and location specified by the Orderer.
"Quotation" means an initial offer generated automatically in the Allicater portal, including with the help of artificial intelligence, or manually, in response to a query submitted by the Orderer. Such Quotations are informative and preliminary and are not binding on the Service Provider until the Service Provider has confirmed the Order.
"Order" means a Quotation confirmed by the Orderer which is sent to the Service Provider for review and confirmation.
2. Ordering the Service
2.1 The Orderer completes the query form on the Allicater platform, clearly stating the following information about the planned event and the Services required for it:
2.2 Submitting a query is free for the Orderer and does not create any obligation for the Orderer to order the Services referred to in the query.
2.3 Allicater's automated platform system generates initial Quotations automatically on the basis of the query data for the services of those Service Providers whose offered terms best match the criteria described in the Orderer's query.
2.4 The Quotations generated in response to the Orderer's query are visible on the Orderer's user account. The Orderer reviews the submitted Quotations and decides whether to confirm any of them or not. The Orderer may select and confirm only one Quotation from those submitted to them. The Orderer has until the relevant deadline to make a selection from the Quotations, but no less than 3 days before the start of the event.
2.5 Confirming a Quotation is deemed to be the submission of a binding Order by the Orderer to the relevant Service Provider.
2.6 Allicater's automated platform system sends the Order to the Service Provider for review. The Service Provider has the right to confirm or refuse the Order. If the Service Provider has not confirmed the Order within two (2) working days, the Order submitted by the Orderer lapses and the Orderer has the right to select another Quotation from those submitted by Allicater's system and submit a new binding Order to another Service Provider.
2.7 Upon confirmation of the Order by the Service Provider, the Service Agreement between the Orderer and the Service Provider is deemed concluded and both the Orderer and the Service Provider are obliged to perform it in full. The Orderer may cancel the Order confirmed by the Service Provider only in accordance with the cancellation terms set by the Service Provider.
2.8 The Service Provider selected by the Orderer is obliged to provide the Service specified in the confirmed Order in accordance with the terms set out in the Order.
2.9 The Orderer is obliged to pay the fee specified in the confirmed Order for confirmation of the booking through Allicater in accordance with the payment terms set out in section 3 of the Terms of Use.
2.10 The details of performance of the Order are agreed between the Orderer and the Service Provider without Allicater's mediation.
3. Payments and Refunds
3.1 Allicater will issue an invoice to the Orderer for the booking confirmation fee within 1–5 days after the Order is confirmed by the Service Provider. The booking confirmation fee is 10–50% of the fee for the Service confirmed in the Order, as set by the Service Provider in their profile.
3.2 The Orderer is obliged to pay the invoice referred to in section 3.1 to Allicater's bank account using the payment solutions offered on the Allicater platform (bank link, credit card payment, bank transfer, etc.). The payment deadline for the invoice is 1–5 days from the date of issue. In the event of late payment, the Orderer is obliged to pay interest at 0.06% per day on the overdue amount.
3.3 Until the booking confirmation fee has been paid in full to Allicater, the Service Provider has the right to refuse to provide the Service to the Orderer and to make preparations for it. If the booking confirmation fee has still not been received 3–5 days before the start of the event specified in the Order, the Service Provider has the right to terminate the Service Agreement exceptionally and not provide the Service to the Orderer. The Service Provider will notify Allicater and the Orderer of the exceptional termination of the Service Agreement by email at support@allicater.com.
3.4 Allicater will pay the fee received from the Orderer as the booking fee to the Service Provider after the Service Provider has completed the provision of the Service and the Orderer has confirmed on the Allicater platform that the Service was provided in accordance with the Order.
3.5 If the Orderer has paid for the Service on the basis of the invoice issued by Allicater and has given the confirmation referred to in section 3.4 after the provision of the Service, the Orderer's obligations to Allicater and the Service Provider are deemed fulfilled.
3.6 Disputes between the Orderer and the Service Provider are resolved without Allicater, and the outcome of the dispute is communicated to Allicater if the invoice issued for the Service needs to be amended. The resolution of the dispute must be submitted to Allicater by both the Orderer and the Service Provider by email to support@allicater.com. Until the dispute is finally resolved, Allicater will not transfer the fee received from the Orderer as the booking fee to the Service Provider nor refund it to the Orderer. Allicater will release the funds on the basis of a joint written confirmation from the Orderer and the Service Provider or an enforceable court decision if the parties cannot reach an agreement.
3.7 If the Service Provider has notified Allicater that it is unable to fulfil the Order, Allicater is obliged to inform the Orderer of this without delay. If the Orderer has paid the booking fee for such an Order to Allicater's account, Allicater is obliged to refund the booking fee to the Orderer within seven (7) days.
4. Rights, Obligations and Liability of the Orderer
4.1 The Orderer undertakes to provide Allicater with complete and accurate personal data necessary for creating a user account and using the Brokerage Service when creating a user account (the Orderer's full name and valid contact details, including email address, phone number, postal address). Allicater ensures that the data entrusted to it by the Orderer will be used only for the purpose referred to above. Such data will be disclosed by Allicater only to the Service Provider whose Quotation the Orderer has confirmed.
4.2 The Orderer must not disclose their user account password to anyone else and must not use the Allicater platform for unlawful transactions or fraud.
4.3 The Orderer is obliged to pay in full the invoice issued by Allicater on the basis of the confirmed Order to Allicater's bank account in accordance with the payment terms set out in section 3. The Orderer is not responsible for the transfer of the fee paid by them to Allicater to the Service Provider. The transfer of the fee is carried out in accordance with the terms of the brokerage agreement concluded between Allicater and the Service Provider.
4.4 If the Orderer submits fake orders and does not pay invoices issued on the basis of confirmed Orders, Allicater has the right to identify the Orderer through IP address detection and to treat fake orders as fraud, which is punishable by law. In cases of fraud, provision of false information or fake orders, Allicater has the right to close such Orderer's user account and not allow them to create a new user account.
4.5 If performance of the confirmed Order becomes impossible due to the Orderer's action or inaction, this does not release the Orderer from the obligation to pay the fee specified in the confirmed Order in accordance with the invoice issued by Allicater. If the Orderer has already paid the booking fee referred to in section 3.1 but the Service cannot be provided due to the Orderer's action or inaction, the Orderer has no right to demand a refund of the booking fee. The Orderer's action or inaction includes, among other things, failure to notify Allicater of the cancellation/postponement of the event, failure to notify of a change in the event location and other circumstances that prevent the Service Provider from fulfilling the confirmed Order.
4.6 The Orderer must not:
4.6.1 copy, modify or reproduce the services provided by Allicater or related technology;
4.6.2 remove copyright, trademark or other proprietary notices on the Allicater platform;
4.6.3 use an Allicater user account or payment means that do not belong to them;
4.6.4 remove, copy, cover or hide advertisements, emblems, logos and other images added to the platform by the Service Provider or Allicater;
4.6.5 access the Allicater platform other than through the Allicater mobile app or portal;
4.6.6 collect, use, copy or disclose information contained in Allicater's service without Allicater's written consent.
5. Intellectual Property and Related Rights
5.1 Intellectual property rights in this context mean copyright (rights to use the catalogue, images and database), patents, utility model rights, trademarks, trade names, trade secrets, know-how and other registered and unregistered intellectual property rights, parts and copies of which belong to Allicater and which Allicater has the exclusive right to use.
5.2 These Terms of Use do not grant the Orderer any intellectual property rights related to Allicater's activities.
6. Rights, Obligations and Liability of Allicater
6.1 The Service Agreement is concluded through Allicater's mediation, but the parties to the Service Agreement are the Orderer and the Service Provider. Allicater is not liable to the Orderer for the quality of the Service provided by the Service Provider or for the Service Provider's fulfilment of other contractual obligations. In particular, Allicater is not liable for the quality, quantity or other aspects of the food and drink offered by the Service Provider or of other products and services ordered through Allicater. Allicater is not liable in any case for the Service not provided or not provided in accordance with the agreement by the Service Provider to the Orderer. Allicater does not guarantee or accept liability for any delay in the provision of the Service by the Service Provider, the quality, quantity or other aspects of the Service.
6.2 Allicater is not the arbiter of complaints between the Service Provider and the Orderer. Complaints regarding confirmed Quotations and Services provided or not provided on that basis must be submitted by the Orderer directly to the Service Provider, and disputes are resolved without Allicater's involvement.
6.3 Allicater is not a payment institution and does not provide payment services within the meaning of the European Parliament and Council Directive (EU) 2015/2366. Allicater collects booking fees from Orderers in accordance with Orders confirmed by Service Providers and transfers the booking fees received to Service Providers in accordance with the Terms of Use.
6.4 Allicater continuously improves and updates its services and has the full right to make changes or remove various elements from its platform without notifying the Orderer.
6.5 In the event of a temporary failure of the platform managed by Allicater, the Allicater team will do everything in its power to restore the previous situation. Given that the Brokerage Service is provided to the Orderer free of charge and is intended for use "as is", Allicater does not accept liability to the Orderer in the event of temporary failure, interruption or closure of the platform.
6.6 Allicater does not control or accept liability for the accuracy of information, images or pictures added by Service Providers to the Allicater platform. Similarly, Allicater does not control or accept liability for content opening from third-party content links added to the platform.
6.7 Allicater has the right to transfer its rights and obligations in full or in part to its successor or to the purchaser of Allicater's assets and rights without the Orderer's consent.
6.8 Allicater operates solely as a technical brokerage platform between Orderers and Service Providers. Allicater is not the provider of the Service nor a party to the Service Agreement. All rights and obligations related to the provision of the Service arise from the Service Agreement concluded between the Orderer and the Service Provider. Allicater is not liable for the Service Providers' action, inaction or the results of the provision of the Service.
6.9 The Orderer and the Service Provider use the Allicater platform at their own risk. Allicater does not guarantee that Quotations submitted through the platform, Service Providers' descriptions, images or other information are fully accurate, up to date or free of errors. Allicater is not liable for any damage that may arise from the use of the platform or reliance on information published on the platform.
6.10 The Allicater platform may use automated systems, including artificial intelligence solutions, to generate Quotations and to find Service Providers. Such Quotations and recommendations are preliminary and informative. Allicater is not liable for any errors, inaccuracies or shortcomings that may appear in Quotations or recommendations generated by automated systems.
6.11 After the Order has been confirmed, the Orderer and the Service Provider may communicate with each other and conclude additional agreements outside the Allicater platform (e.g. by email, phone or other channels). Allicater is not liable for the content, amendment or performance of such off-platform agreements. Allicater's liability is limited solely to the information contained in the Order transmitted and confirmed through the platform.
6.12 Allicater is not liable for failure to perform or delay in performance of obligations where this is due to force majeure, including but not limited to natural disasters, fires, strikes, war, power cuts, communication failures or other circumstances beyond Allicater's control.
6.13 The Service Provider is fully responsible for the quality, composition, safety and compliance with all food safety and hygiene requirements of the food and drink they provide in accordance with applicable law. The Service Provider is also responsible for ensuring that the Orderer is provided with correct information on the composition of the food, allergens and possible special diets. Allicater is not liable for the quality, composition, allergens, food safety or possible health risks of the food or drink offered by the Service Provider that may arise from the use of the Service provided by the Service Provider. The Orderer is responsible for ensuring that all known allergies, intolerances and other dietary requirements of participants at the event are communicated to the Service Provider in good time and correctly.
7. Final Provisions
7.1 These Terms of Use are binding between Allicater and the Orderer until the Orderer has not expressed a wish to close and delete their user account.
7.2 The Orderer has the right at any time to close or delete their user account. Similarly, Allicater has the right at any time to suspend temporarily or cease its operations permanently without giving the Orderers separate notice or stating reasons.
7.3 Allicater may amend these Terms of Use by notifying the Orderers by email or by notifying them of the amendment to the Terms of Use on its platform. If the Orderer does not agree to the amendments to the Terms of Use, they have the right to close and delete their user account.
7.4 The law of the Republic of Estonia applies to these Terms of Use. Disputes arising from the Terms of Use shall be resolved in the courts of Estonia unless otherwise provided by law.
