Terms and Conditions – Globble Malta

GLOBBLE PLATFORM TERMS AND CONDITIONS

Version 1.0 – last updated on 02.03.2023

PRELIMINARY

These terms and conditions (“Terms and Conditions”), relate to Your use of the website appearing on the domain name https://globblemalta.com/ and https://app.globblemalta.com/ and/or any software/mobile applications relating to the same (“the Platform”) and/or any services provided by Akos Jex trading as ‘Globble’, of15 Block C, Fl 9, St. Peters Court Triq L-Isponoz, San Pawl Il-Bahar, Malta, the owner of the Platform (“We”/“Us/“Our”/ “Globble”).

In these terms, “You”, “Your” and “Yourself” refer to the customer and/or user of the Platform.

You are deemed to have acknowledged, understood and agreed to these Terms and Conditions by:

and/or

(2) By using the Platform after these Terms and Conditions have been made known to You, (hereinafter “Accepted” or “Acceptance”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ORDERING ANY GOODS VIA THE PLATFORM AND/OR OTHERWISE USING THE PLATFORM.

THESE TERMS AND CONDITIONS (AND ANY SUBSEQUENTLY AMENDED VERSION THEREOF) SHALL BE DEEMED TO TAKE EFFECT FROM THE DATE OF ACCEPTANCE (HENCEFORTH REFERRED TO AS THE “EFFECTIVE DATE”). IF YOU DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO BENEFIT FROM OUR SERVICES AND/OR USE THE PLATFORM (AS DEFINED BELOW).

By using the Platform, You hereby acknowledge that You have read, understood and accepted the Globble Platform End User Licence Agreement (EULA) which is hereby being incorporated by reference. The EULA is available separately, in printed form, upon request.

We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities or for any other reason in Our sole discretion which We may decide. You agree that Globble shall not be liable to You or to any third party for any such modification, suspension or discontinuance of the use of the Platform and its facilities.

Purpose of the Platform and Eventual Takeover

1.1 The purpose of the Platform is to provide a digital space which allows You to connect to the merchants of Your choice that We partner up with (the “Partner”) and order goods produced/prepared by and/or belonging to the Partner, being mainly food products (including, for example, leftovers offered at discounted prices) (the “Goods”).

1.2 When You make an order from or via the Platform (via the services of third-party payment service providers We engage), We therefore act as an intermediary between the Partner and Yourself.

Our purpose and sole responsibility is therefore to simply set up a link and/or introduction from where/thanks to which You can order Goods from the Partner(s) via Our Platform and subsequently collect the Goods directly from the Partner(s). We will also be responsible for collecting payments on behalf of the Partners, via the services of a licensed payment service provider engaged by Us, and forwarding the corresponding amount(s) to the same. Although We may send You electronic confirmations and/or receipts of payment, it will be the Partner in question who will be solely responsible for providing You with VAT or other similar receipts upon Your collection of the Goods from the said Partner. To that extent, GLOBBLE is not liable for anything extraneous to the above limited responsibility, and all other matters relating to the Goods themselves, including but not limited to their production, preparation, content and delivery (if any), are therefore exclusively under the sole responsibility of Our Partners. To this end, We are neither manufacturer, producer nor seller of the Goods and are and shall not be held responsible in any way whatsoever for the nature of the Goods sold via the Platform or more generally, for the Partner’s activity on the Platform or elsewhere.
1. Eventual takeover: Upon the satisfaction of certain conditions, XED LTD (C 99936) owned wholly or partially by Akos Jex – hereinafter referred to as “XED”, will acquire the complete operation of the Platform and the Globble business. By accepting these Terms and Conditions, You acknowledge that such transfer shall occur and that thereafter, XED shall be the new owner of the Platform and the entity responsible for the same.
1. You will first be informed of such transfer via update of these Terms and Conditions and, where necessary, any other means as provided by law .In the event of such transfer, XED shall assume the rights and obligations pertaining to Globble in connection with the Platform as further described in these Terms and Conditions or that are available to it under applicable laws.For the avoidance of all doubt, upon the transfer/takeover as explained above, these Terms and Conditions shall be deemed entered into between the You and XED.
1. For the purpose of being able to continue providing You with access to the Platform and the services via the same, as regulated by Our Terms and Conditions and as may be necessary, We may share or transfer some or all of Your personal data with any subsequent owner, co-owner or operator of Our Services (including XED as stated above in Clause 1.4) and their advisors in connection with a corporate merger, transfer of business, consolidation, restructuring, the sale of substantially all Our stock and/or assets, or in connection with bankruptcy proceedings, or other corporate reorganization and this in accordance with Our Privacy Policy where this is explained. Alternatively, We may seek to acquire other businesses or merge with them. In the event of a change to Our business, You will be informed in accordance with applicable law.

PLATFORM AVAILABILITY
- The Globble services from the Platform are currently only available in Malta and Gozo.
- Each Partner shall be responsible for ensuring availability of services, including availability of Goods and availability and range of delivery or collection points.
- Globble reserves the right to restrict access to the Platform or any parts thereof. By way of example, access to restricted areas of the Platform may be subject to registration and/or other conditions depending on the services applicable to You. If We grant You permission to access a restricted area, We may withdraw that permission at any time (in particular where You breach any obligations You have under these Terms and Conditions and/or at law).

PARTNER SERVICES
- All Partners are third party businesses, legal entities and/or persons who are independent from Globble.
- The Partners are solely and exclusively responsible for all services relating to Goods including but not limited to the production, preparation, logistics, transportation and delivery (if any) of the Goods in question; as well as for displaying all accurate and complete information on the Platform applicable to the Goods and are therefore also responsible for accepting/rejecting any orders, and to that extent any transaction made through the Platform is made exclusively between You and the Partner (“Partner Services”).
- The Partners shall directly handle all matters relating to the Goods, such as any complaints You may have, and including any such matters relating to refunds on Goods (where available).

ORDERS
- Before making an order via Platform You must create an account. By setting up an account with Us and placing an order through the Platform You confirm that You are at least eighteen (18) years of age.
- Any order that You make through the Platform, must first be processed by Our Partners, before it is accepted, subject to availability. Before placing Your order please ensure that all information provided to the Partners is accurate, and that any further information or requirements, including any dietary or allergen requirements, are communicated to the Partner. Globble cannot guarantee that any of the information displayed by the Partners is accurate and that any of the Goods conform to Your requirements.
- Once the Partner concerned accepts an order, We will communicate such acceptance to You by displaying a message on the Platform (depending on the notification settings on your device).
- Once the order is accepted by Us a contract is created between You and the Partner (subject to any terms and conditions each Partner may separately choose to impose, and under said contract You are responsible for paying all fees relating to the Goods, including for example, any related delivery fees (if any) ordered through Your account, regardless whether such order is made for Yourself or on behalf of others.
- Once the order is created, the Platform will indicate an estimated time within which the Goods shall be available for delivery or pick up, depending on the information and choices indicated when placing Your order. Should You fail to pick up the Goods within thirty (30) minutes from the indicated pick up time or should You fail to make yourself available for delivery of the Goods (e.g. if You do not answer Your mobile phone), the Partner will be able to reclaim the Goods. You are however still responsible to pay the fees for the Goods, should You fail to pick up or make Yourself available for delivery of the Goods.
- In terms of the law, You have a right to receive Goods of an acceptable quality and which comply with their general description, as well as with any requirements which You communicate to and are accepted by the Partner when placing Your order. Should You have any complaints in relation to the order and the Goods, please direct any complaints to the Partner, who will act reasonably to find an amicable solution to Your concerns.

PRICE, PAYMENT AND CHARGES
- All pricing is under the sole responsibility of the Partner. The final price shall include the price of the Goods indicated by the Partner and any other applicable charges including but not limited to usage fees, delivery charges and applicable tax (such as VAT) which shall be listed in the order summary on the checkout page before You confirm Your order (the “Fee”). Whenever You place Your order You are accepting the Fee displayed in the order. If You do not accept the Fee please do not accept the order.Your use of the Platform shall not be charged, but we reserve the right to add a usage fee, which in such case will be indicated in the Fee. The prices of Goods are subject to change without prior notice and at the discretion of the Partner, but any such changes will not affect orders which have already been placed by You.Payments purchased from this Platform shall be exclusively by credit or debit card processed by means of a third-party payment processor (such as via a payment gateway). We currently accept payment with VISA and MASTERCARD and any other cards as may be listed elsewhere on our Platform including any payment gateway(s) available on our Platform.The Fee shall be transferred to Globble who acts as an authorized intermediary on behalf of the Partner, accepting the Fee on behalf of said Partner.
- When placing the order, You may opt to tip the Partner . Any tips will be added to the total Fee.

CANCELLATIONS
- Unless indicated otherwise by a Partner, You will not have the right to cancel Your order.
- Should the order in question raise any doubts in terms of authenticity or correctness, and once the Globble and/or the Partner makes a reasonable attempt to correct such information, Globble in its sole discretion reserves the right to also cancel such order.
- Should Your order be cancelled in terms of Clause 6.1 or 6.2 You will not be entitled to a refund and may be charged a cancellation fee.

LIABILITY AND DISCLAIMER
- As explained in Clauses 1.3 and 3.2, Globble is an information society service which merely acts as an intermediary between You and the Partner. We are not responsible for the Goods that are sold to You via the Platform and/or any of the Partner Services, which both Goods and Partner Services shall be under the sole responsibility of the Partner, and we therefore exclude without limitation any damages, losses or liabilities relating to:
  - any transaction made between You and the Partner, whether on the Platform or otherwise and;
  - the accuracy, reliability and/or availability of any of the content, Goods or services offered by the Partner on the Platform.
- Notwithstanding anything suggesting to the contrary, in these Terms and Conditions or elsewhere, we do not warrant that:
  - access to the Platform, or any part thereof, will be reliable, uninterrupted and error free;
  - any services, whether provided by Us or any other third party, will be provided with due care and skill; or
  - any Goods, whether provided by Us or any third party, will be of an acceptable quality or fit for any purpose.
- To the fullest extent permitted at law and except in respect of death and personal injury caused by negligence on Our part or on the part of Our employees, We shall not be liable to You by reason of any representation or for any warranty whether expressed, implied, or otherwise, or for loss, damage or expenses (including loss of profits, business or goodwill) that may arise from or in connection with the use of the Platform or Our services unless such loss, damage or expense results from fraud or gross negligence on Our part or the part of our employees, agents, representatives or otherwise.
- Globble is providing the platform on an “as is” basis and makes no representations or warranties of any kind with respect to the platform or its contents and disclaims all such representations and warranties except those that You may be expressly entitled to by law and, in particular, following from and without prejudice to Clause 7.3 above we exclude any and all liability which may arise by means of:
  - the unavailability of the Platform or any services offered by ourselves or any third parties;
  - any technical, textual, factual or typographical inaccuracies, omissions or errors on the Platform;
  - any delay in the provision or any failure to make available or provide any goods or services;
  - any Goods which are not up to standard, not of a merchantable quality or fit for their intended purpose.
- Furthermore, Globble will not be liable for:
  - the information transmitted or accessed on or via the Platform, on condition that Globble does not initiate the transmission, does not select the receiver of the transmission, and does not select or modify the information contained in the transmission;
  - the automatic, intermediate and temporary storage of the information provided by You, performed for the sole purpose of making more efficient or more secure the information’s onward transmission to other recipients of the service upon their request, on condition that Globble does not modify the information; complies with conditions on access to the information; complies with rules regarding the updating of the information, specified in a manner widely recognised and used by the industry; does not interfere with the lawful use of technology; and acts expeditiously to remove or to disable access to the information it has storied upon obtaining knowledge of the fact that the information at the initial source of the transmission has been removed from the network, or access to it has been disabled, or that a judicial or an administrative authority has ordered such removal or disablement;
  - the information stored at Your request, as recipient of the Globble services, on condition that Globble has no actual knowledge of illegal activity or illegal content and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or illegal content is apparent; or upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the illegal content.
- Nothing in these Terms and Conditions shall restrict any mandatory statutory rights You may enjoy under any applicable law including but not limited to any rights You may enjoy as a consumer.

INDEMNITY
- You agree to indemnify, defend and hold harmless Globble, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, a breach of these terms and conditions, an infringement of any intellectual property rights or any other right of any person or entity, or a breach of any duty of confidence or privacy, or any defamatory statements made in any form.

TERMINATION
- These Terms and Conditions shall, once Accepted, continue indefinitely unless terminated in accordance with the same Terms and Conditions.
- Globble reserves the right to restrict, suspend and/or terminate Your access to the Platform and to terminate the Terms and Conditions should We determine in Our sole discretion that You in any way commit a material breach of any of the Terms and Conditions and/or if You otherwise infringe any applicable law.
- Any rights that have accrued to either Party at the date of termination will remain enforceable after termination.

YOUR USE OF THE PLATFORM AND SERVICES
1. You hereby confirm that You may legally access the Platform and that when making use of the Platform and when transacting with the Partner for Partner Services or otherwise You shall abide with all applicable laws.
1. You shall only use the Platform for purposes which are lawful. In particular Your use of the Platform shall comply with the rules set out in these Terms and Conditions and, You shall not:
  1. use the Platform for any unlawful or fraudulent purpose;
  1. impersonate any person or entity, misrepresent or falsely state Your affiliation with any such person or entity on this Platform;
  1. reproduce, copy, duplicate, sell or otherwise exploit the Platform or any part of it for any commercial purpose;
  1. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site for any purpose.
1. Your use of and the account that You set up with Us on the Platform in order to make orders thereon (e.g. as described in Clause 4) is personal to You, and cannot be used for assigned, licensed or shared with any other person unless We explicitly consent to Your doing so.

Written communications
1. Applicable laws require that some of the information or communications We send to You should be in writing. When using this Platform, You accept that communication with us and with any Partner will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on our Platform. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.

Events outside our control
1. Neither Party will be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event“).
1. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
  1. Strikes, lock-outs or other industrial action.
  1. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  1. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster.
  1. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  1. Impossibility of the use of public or private telecommunications networks.
  1. The acts, decrees, legislation, regulations or restrictions of any government.
1. Performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and there will be an extension of time for performance for the duration of that period. Both parties will use their reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which their obligations under the contract may be performed despite the Force Majeure Event.

Waiver
1. If either party fails, at any time during the term of a contract, to insist upon strict performance of any of the other party’s obligations under the contract or any of these Terms and Conditions, or if either party fails to exercise any of the rights or remedies. Either party is entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the other party from compliance with such obligations.
1. A waiver by either party of any default shall not constitute a waiver of any subsequent default.
1. No waiver by either party of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with Clause 10.1 above.

Severability
1. If any of these Terms and Conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
1. Alternatively, the parties agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Entire agreement
1. These Terms and Conditions and any document expressly referred to in them, represent the entire agreement between us in relation to the subject matter of the contract and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
1. Both parties acknowledge that, in entering into a contract, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between the parties prior to such contract except as expressly stated in these Terms and Conditions.
1. Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.

Our right to vary these terms and conditions
1. We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities or for any other reason in Our sole discretion which We may decide. You will be notified of such changes in these Terms and Conditions if You are already a registered user at the time of the said change.
1. You will be subject to the policies and Terms and Conditions in force at the time that You order goods or services from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority, in which case any changes to these Terms and Conditions will apply to orders previously placed by You and You will be notified of such changes.

GOVERNING LAW AND JURISDICTION
1. If You qualify as a consumer domiciled in a European Union Member State, jurisdiction shall be determined in accordance with the provisions of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, or any other legislative measure which may replace the said Regulation from time to time.
1. If, however, You do not qualify as a consumer domiciled in a European Union member State, all disputes or claims arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the Maltese courts to which We both irrevocably submit.
1. This Agreement shall be governed and construed in accordance with Maltese law, saving, where applicable, the provisions of Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), or any other legislative measure which may replace the said Regulation from time to time.
1. Please note that the European Commission manages an Online Dispute Resolution website: http://ec.europa.eu/odr/ dedicated to helping consumers and traders resolve their disputes out-of-court, including cross-border disputes.

orders to act against illegal content and to provide information
1. Globble may be ordered by the relevant national judicial or administrative authorities to act against one or more specific items of illegal content, and as a provider of intermediary services, Globble shall inform the authorities issuing the order, or any other authority specified in the order, of any effect given to any such order without undue delay.
1. Globble may be ordered by the relevant national judicial or administrative authorities to provide specific information about one or more specific individual recipients of the service, and upon receipt of any such order, Globble shall without undue delay inform the authority issuing the order, or any other authority specified in the order, of the order’s receipt and of the effect given to the order.
1. At the latest when effect is given to any of the above-mentioned orders, or, where applicable, at the time provided by the issuing authority in its order, Globble shall inform the recipient of the services concerned of any such order received and the effect given to it, including a statement of reasons and the possibilities for redress that exist.

REPORTING UNLAWFUL CONTENT
1. Globble may impose any of the following restrictions on the ground that the information provided by the recipient of the service is illegal content or incompatible with Our terms and conditions:
  1. Restrictions of the visibility of specific items of information provided by the recipient of the service, including the removal of content, disabling access to content, or demoting content;
  1. Suspension, termination or other restriction of monetary payments;
  1. Suspension or termination of the provision of the service in whole or in part;
  1. Suspension or termination of the recipient of the service’s account.
1. Should You, as a recipient of any of our services, become affected by any of the restrictions referred to above, Globble shall provide a clear and specific statement of reasons where Your electronic contact details are known to Globble. However, this shall not be applicable where the information is deceptive high-volume commercial content.

Contact

Questions, comments or requests regarding these Terms and Conditions or Our services and any formal complaints You may have should be addressed to15, St Peters Crt, Block C, Fl 9,

Triq L-Isponoz, San Pawl il-Bahar, SPB 2541, Malta in writing, or emailed to us at [email protected].

Last updated on 03.03.2023