Terms and Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE DOWNLOADING OUR APPLICATIONS AND / OR USING OUR SERVICE.
1. Scope
1.1. These terms of use form the contractual basis between Captain Cook Limited and the customer (you) for the use of the service and the applications (as defined below) and any associated services. In this context, orders can be placed via the Captain Cook Limited application to be downloaded to your mobile phone (smartphone), via a web application on our website (e.g. on captaincook.ng) or via an app on one of our «self-order kiosks» ( all three an “application”) to various participating Franchisees from Captain Cook (“Captain Cook Limited Franchisee”). With such orders, you can also collect points that you can redeem for rewards as described in Section 7 below. Captain Cook Limited can also send you coupons, which we generate in the back-end system and which we then send to you, for example, as push notifications. You can redeem these coupons on the customer application for mobile device users, on the web application on a website (e.g. captaincook.ng) or via an application on a “self-order kiosk”. Captain Cook Limited provides these services exclusively on the basis of these terms of use.
1.2. The Captain Cook Limited application is an order and payment service for the food, drinks and other services available from Captain Cook Limited. <
1.3. Each contracting party may, at its own discretion and without liability, terminate the contract described in these terms of use and all related services at any time without notice. In this case, Captain Cook Limited can indicate the service, the application resp. restrict, suspend or suspend all or all of the services (including the availability of any data, databases or content) or access to the service or Refuse all or part of the services and block or delete all or part of the associated data, especially your user account. Captain Cook Limited will announce this by notifying you on the website or by notifying you. Captain Cook Limited can also ask you to change the version of these terms of use or the service, application or confirm his services with a click. In this case, you can only continue to use the service or the application if you agree to the changes. As this is a standardized offer, we cannot take into account process changes that you make. In the event that you propose changes to the terms of use yourself, they will in no case come into force without our prior written and proper confirmation.
1.4. We would like to point out that we use MENU Technologies AG (“MENU”) as an external service provider for the execution of orders and payment processing. However, you do not enter into a contractual relationship with MENU.
1.5. Incidentally, the collection and processing of personal data in connection with the service is carried out in accordance with our data protection declaration under Captain Cook Limited data protection declaration.
1.2. The Captain Cook Limited application is an order and payment service for the food, drinks and other services available from Captain Cook Limited. <
1.3. Each contracting party may, at its own discretion and without liability, terminate the contract described in these terms of use and all related services at any time without notice. In this case, Captain Cook Limited can indicate the service, the application resp. restrict, suspend or suspend all or all of the services (including the availability of any data, databases or content) or access to the service or Refuse all or part of the services and block or delete all or part of the associated data, especially your user account. Captain Cook Limited will announce this by notifying you on the website or by notifying you. Captain Cook Limited can also ask you to change the version of these terms of use or the service, application or confirm his services with a click. In this case, you can only continue to use the service or the application if you agree to the changes. As this is a standardized offer, we cannot take into account process changes that you make. In the event that you propose changes to the terms of use yourself, they will in no case come into force without our prior written and proper confirmation.
1.4. We would like to point out that we use MENU Technologies AG (“MENU”) as an external service provider for the execution of orders and payment processing. However, you do not enter into a contractual relationship with MENU.
1.5. Incidentally, the collection and processing of personal data in connection with the service is carried out in accordance with our data protection declaration under Captain Cook Limited data protection declaration.
2. Service
2.1. It can be downloaded via the Captain Cook Limited application downloaded to your mobile phone (smartphone), via a web application on a website (e.g. on captaincook.ng) or via an application on a «self-order Kiosk »(all three an “application”) are given the opportunity to call up location-specific restaurant menu information or other information in certain independent restaurants at Captain Cook Limited (“ participating restaurants ”), via the application orders for meals, drinks or other consumption give up at the participating restaurant and pay for it. In certain participating restaurants, the application may also give you the option of paying for orders that you have placed with the service staff. In addition, certain participating restaurants can enable you to place and pay for orders for home deliveries using the application (except the application on a self-ordering kiosk).
2.2. The application can therefore enable you to search and order meals and drinks in a participating restaurant. Your order triggers a process in the participating restaurant, which the participating restaurant, Captain Cook Limited and its service provider MENU accordingly, using your personal data, e.g. your contact details, e.g. phone number and your order informed. When your order is ready to be picked up at the counter, you will be informed either via a push message (for orders placed via the mobile application) or via SMS message (for orders placed via the web application). If the restaurant you are visiting works with guest localization, your table number or your location in the participating restaurant will also be determined by means of table number entry (on the mobile and web application), placed transmitters or antennas (kiosks). In order to receive push messages, you must have push messages activated on your smartphone and to enable the determination of your location via transmitters or antennas you must have Bluetooth activated on your smartphone and give the application permission to determine your location. For orders that you place through the self-order kiosk, a puck may show you when your order is ready for collection at the counter or your order number is displayed on a screen. Your location can also be determined using a puck, which may be distributed to you at the self-order kiosk or at the counter or you may need to enter a number into the screen. You hereby authorize Captain Cook Limited to disclose and process your orders, personal data and in particular your location data to participating restaurants.
2.3. Captain Cook mediates as a service your order to participating restaurants and settles this in the name and for the account of the participating restaurants. All brokering and billing services provided to you by Captain Cook Limited via the applications, other services rendered and the applications are hereinafter referred to as the “Service”. The service is only offered for your private, non-commercial use. Captain Cook as the franchisor is the platform operator of the applications and obtains your personal data, such as orders, telephone number, email address, possibly home and / or delivery address and can use them for marketing purposes. The Captain Cook Limited Franchisees operate the Captain Cook platform in their restaurants and can view their order and payment details for their respective restaurants. As a technology supplier, MENU provides the applications platform Captain Cook Limited and can view your personal data. MENU provides Captain Cook Limited within the applications platform with functions and integrations that enable Captain Cook Limited to communicate with you in a personalized form and to provide you with relevant information at the appropriate time.
2.2. The application can therefore enable you to search and order meals and drinks in a participating restaurant. Your order triggers a process in the participating restaurant, which the participating restaurant, Captain Cook Limited and its service provider MENU accordingly, using your personal data, e.g. your contact details, e.g. phone number and your order informed. When your order is ready to be picked up at the counter, you will be informed either via a push message (for orders placed via the mobile application) or via SMS message (for orders placed via the web application). If the restaurant you are visiting works with guest localization, your table number or your location in the participating restaurant will also be determined by means of table number entry (on the mobile and web application), placed transmitters or antennas (kiosks). In order to receive push messages, you must have push messages activated on your smartphone and to enable the determination of your location via transmitters or antennas you must have Bluetooth activated on your smartphone and give the application permission to determine your location. For orders that you place through the self-order kiosk, a puck may show you when your order is ready for collection at the counter or your order number is displayed on a screen. Your location can also be determined using a puck, which may be distributed to you at the self-order kiosk or at the counter or you may need to enter a number into the screen. You hereby authorize Captain Cook Limited to disclose and process your orders, personal data and in particular your location data to participating restaurants.
2.3. Captain Cook mediates as a service your order to participating restaurants and settles this in the name and for the account of the participating restaurants. All brokering and billing services provided to you by Captain Cook Limited via the applications, other services rendered and the applications are hereinafter referred to as the “Service”. The service is only offered for your private, non-commercial use. Captain Cook as the franchisor is the platform operator of the applications and obtains your personal data, such as orders, telephone number, email address, possibly home and / or delivery address and can use them for marketing purposes. The Captain Cook Limited Franchisees operate the Captain Cook platform in their restaurants and can view their order and payment details for their respective restaurants. As a technology supplier, MENU provides the applications platform Captain Cook Limited and can view your personal data. MENU provides Captain Cook Limited within the applications platform with functions and integrations that enable Captain Cook Limited to communicate with you in a personalized form and to provide you with relevant information at the appropriate time.
3. User Account
3.1. In order for you to be able to use the service or the mobile application, in particular to place an order on the application provided by Captain Cook Limited, you must first log in and create a user account. This is currently possible in the Captain Cook Limited application to be downloaded to your mobile phone (smartphone) or via a web application on a website (eg captaincook.ng), but not on the «self-order kiosks ». When registering, you provide Captain Cook Limited and therefore its service provider MENU and, if applicable, the Captain Cook Limited Franchisee personal data (including email, name and your credit card details (will not be saved with Captain Cook Limited or MENU). After successfully registering with Captain Cook Limited, you will receive a personal user account from Captain Cook Limited, which you can access with a password of your choice.
3.2. User accounts are available to clearly identified and designated natural persons. Captain Cook Limited stores your data in your user account. The user account combines information about you so that you and we can better understand and manage your rights and obligations as a user of Captain Cook Limited.
3.3. A user account is not transferable.
3.4. You are not allowed to have more than one user account.
3.5. You guarantee that the information you provide to Captain Cook Limited is correct, complete and current. In particular, you must truthfully provide your own name and, if necessary, a billing address for billing purposes.
3.6. You are required to keep your user information correct, complete and up to date at all times. Please use the update functions in your user account to update any changes. If your data is no longer correct, complete and up-to-date, communication with you (and in particular collecting payments) may no longer be possible due to outdated, incorrect or incomplete contact information or for other reasons (especially if the payment method is invalid or has expired), we may no longer be able to offer you a smooth processing of the service on the mobile application and it may be that you no longer have access to the service or can no longer use it or that Captain Cook Limited cancels, suspends or discontinues it.
3.7. You are responsible for all activities on your user account and you are obliged to keep your username and password safe and confidential at all times.
3.8. Captain Cook Limited is at any time entitled to check the information you provide and to refuse service or the use of the mobile application without stating any reason.
3.2. User accounts are available to clearly identified and designated natural persons. Captain Cook Limited stores your data in your user account. The user account combines information about you so that you and we can better understand and manage your rights and obligations as a user of Captain Cook Limited.
3.3. A user account is not transferable.
3.4. You are not allowed to have more than one user account.
3.5. You guarantee that the information you provide to Captain Cook Limited is correct, complete and current. In particular, you must truthfully provide your own name and, if necessary, a billing address for billing purposes.
3.6. You are required to keep your user information correct, complete and up to date at all times. Please use the update functions in your user account to update any changes. If your data is no longer correct, complete and up-to-date, communication with you (and in particular collecting payments) may no longer be possible due to outdated, incorrect or incomplete contact information or for other reasons (especially if the payment method is invalid or has expired), we may no longer be able to offer you a smooth processing of the service on the mobile application and it may be that you no longer have access to the service or can no longer use it or that Captain Cook Limited cancels, suspends or discontinues it.
3.7. You are responsible for all activities on your user account and you are obliged to keep your username and password safe and confidential at all times.
3.8. Captain Cook Limited is at any time entitled to check the information you provide and to refuse service or the use of the mobile application without stating any reason.
4. Cancellation of your user account
We reserve the right to cancel and delete your user account at any time, especially if we can no longer reach you via the email address or mobile number specified in the user account.
5. Use of the service
5.1. In order to use the service or applications and create a user account, you must be 18 years or older. You assure that you are a capable individual to act, so that you can conclude a binding contract.
5.2. In particular, you commit yourself as follows:
- You will only use the service or applications for private, non-commercial purposes and will not pass it on to third parties;
- You will not allow or allow third parties to use your user account;
- You will not assign, transfer or otherwise make your user account available to another person;
- You will not use a third party user account;
- You will comply with all applicable laws when you use the service or applications and you will only use the service and applications for lawful purposes;
- You will not use the service or applications to cause trouble, annoyance or inconvenience;
- You will not interfere with the correct operation of the network;
- You will not try to damage the service or the applications in any way;
- You will keep the password for your user account or any identification that we provide to gain access to the service and the applications secure and confidential and keep it secret;
- You will provide us with any proof of your identity that we deem appropriate;
- You will not use the service or the applications with a non-compatible or non-approved device.
5.3. Captain Cook Limited particularly reserves the right to immediately terminate the service and use of the applications if you do not meet all of the obligations set out above.
5.4. You are responsible for the proper installation and functioning of the applications on your devices and the data network access required to be able to use the service and the applications, as well as any costs that may arise from the use of the service and applications. While accessing and / or using the service and applications, data and connection fees and charges, e.g. from your mobile network provider, may be incurred, and you are solely responsible for paying them.
5.5. You are responsible for the procurement and updating of compatible hardware and devices, which are necessary for access to the service and the applications as well as their updates or for the corresponding use. Captain Cook Limited does not guarantee that the service, the applications or parts of it will work on the respective hardware or the relevant devices. In addition, malfunctions and delays can occur in the services and the applications, which are caused by the use of the Internet and electronic communication means.
5.6. It is also your responsibility to check and ensure that you always have downloaded the correct applications for your device. This is particularly important when newer versions of the applications are published and Captain Cook Limited is not obliged to maintain older versions or to ensure in any way that such older versions continue to work or are otherwise error-free. You should always update to the latest version of the applications, especially to be able to use new functions, Users will be informed when there is a new version and its new features via the mobile app or website.
5.7. Captain Cook Limited is particularly not liable if you do not have a working data network access or a compatible mobile device or if you download the wrong applications version to your mobile device. Captain Cook Limited particularly reserves the right to cancel the service or cancel the availability of the applications if you use the service or the applications with an incompatible or impermissible device.
5.4. You are responsible for the proper installation and functioning of the applications on your devices and the data network access required to be able to use the service and the applications, as well as any costs that may arise from the use of the service and applications. While accessing and / or using the service and applications, data and connection fees and charges, e.g. from your mobile network provider, may be incurred, and you are solely responsible for paying them.
5.5. You are responsible for the procurement and updating of compatible hardware and devices, which are necessary for access to the service and the applications as well as their updates or for the corresponding use. Captain Cook Limited does not guarantee that the service, the applications or parts of it will work on the respective hardware or the relevant devices. In addition, malfunctions and delays can occur in the services and the applications, which are caused by the use of the Internet and electronic communication means.
5.6. It is also your responsibility to check and ensure that you always have downloaded the correct applications for your device. This is particularly important when newer versions of the applications are published and Captain Cook Limited is not obliged to maintain older versions or to ensure in any way that such older versions continue to work or are otherwise error-free. You should always update to the latest version of the applications, especially to be able to use new functions, Users will be informed when there is a new version and its new features via the mobile app or website.
5.7. Captain Cook Limited is particularly not liable if you do not have a working data network access or a compatible mobile device or if you download the wrong applications version to your mobile device. Captain Cook Limited particularly reserves the right to cancel the service or cancel the availability of the applications if you use the service or the applications with an incompatible or impermissible device.
6. Payment
6.1. You are aware that costs will arise through the acceptance of any offerings of the participating restaurants by using the service or the applications.
6.2. The prices for the offerings of participating restaurants (e.g. meals, drinks) can usually be found in the applications. These are determined and made available by the participating restaurants and are changed and updated from time to time. It is your own responsibility to find out about the current prices of the corresponding offers from participating restaurants.
6.3. Captain Cook Limited will charge you for meals, drinks or other goods displayed on behalf of the participating restaurant through the service or applications. Payment is processed via a payment processor [Paystack Limited] that is connected to the service or applications of Captain Cook Limited, i.e. MENU. Paystack will settle your payment with the Captain Cook Limited Franchisee by acting as the authorized agent of the Captain Cook Limited Franchisee. The payments you make via the service or applications will be treated as if you made them directly to the participating restaurant. All prices are payable immediately.
6.4. You agree that you will pay for all meals, drinks and other goods (including any taxes and late fees, if any, that are associated with your account) that you order from a participating restaurant and that Paystack will charge your credit card or other payment method you specified when you registered with the service or the applications. You are responsible for the provision of a valid credit card or other payment method and the timely payment of all costs to Captain Cook Limited resp. Paystack Limited.
6.5. Captain Cook Limited uses an external payment processor (Paystack Limited”) via MENU to connect your credit card to the applications and service. The processing of payments or credit, if applicable, in connection with your use of the applications and the service is subject to the terms and conditions and the data protection guidelines of the payment processor and your credit card issuer in addition to these terms of use. Captain Cook Limited is not responsible for any errors made by the payment processor or the credit card issuer. In connection with your use of the services, Captain Cook Limited obtains certain transaction details, which Captain Cook Limited will only use in accordance with its data protection declaration.
6.2. The prices for the offerings of participating restaurants (e.g. meals, drinks) can usually be found in the applications. These are determined and made available by the participating restaurants and are changed and updated from time to time. It is your own responsibility to find out about the current prices of the corresponding offers from participating restaurants.
6.3. Captain Cook Limited will charge you for meals, drinks or other goods displayed on behalf of the participating restaurant through the service or applications. Payment is processed via a payment processor [Paystack Limited] that is connected to the service or applications of Captain Cook Limited, i.e. MENU. Paystack will settle your payment with the Captain Cook Limited Franchisee by acting as the authorized agent of the Captain Cook Limited Franchisee. The payments you make via the service or applications will be treated as if you made them directly to the participating restaurant. All prices are payable immediately.
6.4. You agree that you will pay for all meals, drinks and other goods (including any taxes and late fees, if any, that are associated with your account) that you order from a participating restaurant and that Paystack will charge your credit card or other payment method you specified when you registered with the service or the applications. You are responsible for the provision of a valid credit card or other payment method and the timely payment of all costs to Captain Cook Limited resp. Paystack Limited.
6.5. Captain Cook Limited uses an external payment processor (Paystack Limited”) via MENU to connect your credit card to the applications and service. The processing of payments or credit, if applicable, in connection with your use of the applications and the service is subject to the terms and conditions and the data protection guidelines of the payment processor and your credit card issuer in addition to these terms of use. Captain Cook Limited is not responsible for any errors made by the payment processor or the credit card issuer. In connection with your use of the services, Captain Cook Limited obtains certain transaction details, which Captain Cook Limited will only use in accordance with its data protection declaration.
7. Collect and Redeem Points
7.1. You can collect points by placing orders and possibly also using the applications for other purposes. The number of points granted in each case is described in the applications and in any relevant promotion conditions. The purchase of books, newspapers, magazines, tobacco products and vouchers and any delivery costs that may apply are excluded from the points credit. To credit points, you must be logged in to the applications with your user account at the time of ordering or other use of the applications. A subsequent point credit is not possible.
7.2. If a contract for which you have received points does not materialize, or if the contract is subsequently rolled-back (e.g. through cancellation, withdrawal, cancellation of contract, contestation, etc.), Captain Cook Limited reserves the right to also cancel the corresponding points credit.
7.3. Captain Cook Limited will credit the points you have collected to a points account managed for you. The maximum possible point balance in the points account managed for you is currently [insert]. This maximum score cannot be exceeded and you cannot collect more points. You can call up your current score at any time via the applications in your profile. In addition, Captain Cook Limited can send you messages about your current score. Objections to the correctness or completeness of a notified score must be made in writing or in text form (e.g. by email) within one month of receiving the notification. Failure to make timely assertion is considered approval of the notified score. You can request correction of the reported score even after this approval, but in this case you must prove the incorrectness or incompleteness.
7.4. You can redeem your points for regularly changing rewards or other shopping benefits. A prerequisite is the availability of the selected bonuses or purchasing advantages. The available bonuses and / or purchasing advantages and the number of points required for each are announced in the applications. Points redeemed at the time of redemption are counted first. It is not possible to pay out points in the form of cash.
7.5. After a termination becomes effective, you can no longer collect new points and you may not be able to redeem existing points in your points account. <
7.6. The transfer of points to third parties is only possible with the consent of Captain Cook Limited.
7.2. If a contract for which you have received points does not materialize, or if the contract is subsequently rolled-back (e.g. through cancellation, withdrawal, cancellation of contract, contestation, etc.), Captain Cook Limited reserves the right to also cancel the corresponding points credit.
7.3. Captain Cook Limited will credit the points you have collected to a points account managed for you. The maximum possible point balance in the points account managed for you is currently [insert]. This maximum score cannot be exceeded and you cannot collect more points. You can call up your current score at any time via the applications in your profile. In addition, Captain Cook Limited can send you messages about your current score. Objections to the correctness or completeness of a notified score must be made in writing or in text form (e.g. by email) within one month of receiving the notification. Failure to make timely assertion is considered approval of the notified score. You can request correction of the reported score even after this approval, but in this case you must prove the incorrectness or incompleteness.
7.4. You can redeem your points for regularly changing rewards or other shopping benefits. A prerequisite is the availability of the selected bonuses or purchasing advantages. The available bonuses and / or purchasing advantages and the number of points required for each are announced in the applications. Points redeemed at the time of redemption are counted first. It is not possible to pay out points in the form of cash.
7.5. After a termination becomes effective, you can no longer collect new points and you may not be able to redeem existing points in your points account. <
7.6. The transfer of points to third parties is only possible with the consent of Captain Cook Limited.
8. License and Restriction
8.1. If you fully comply with these terms of use, Captain Cook Limited grants you a restricted, non-exclusive, non-sublicensable, revocable and non-transferable sublicense to: (i) access the applications and use it on your own device in connection with the use of the service to use; and (ii) access all content, information and associated materials made available via the applications and to use them privately and non-commercially. MENU and the licensors of MENU reserve all rights not expressly granted herein.
8.2. You are not permitted to: (i) remove references to copyrights, trademarks or other property rights from the relevant part of the applications; (ii) reproduce, modify, create, distribute, license, rent, sell, resell, transfer, transmit, make public or otherwise use the applications without the express consent of MENU to stream, broadcast or otherwise exploit; (iii) to decompile, reverse engineer or disassemble the applications, unless and to the extent permitted by law; (iv) to link, frame or mirror a part of the applications; (v) to develop or install programs or scripts with the aim of scraping, indexing, surveying or other data mining or to unduly restrict or hinder the operation or function of aspects of the applications; or (vi) attempt to gain or interfere with unauthorized access to any part of the applications and the systems or networks connected to it.
8.3. The service and the applications as well as all rights to it exclusively belong to MENU or the licensors of MENU and remain with them.
8.4. Neither these Terms of Use nor the use of the Service grant you any rights: (i) to or in relation to the Service or Applications, except for the limited license granted above; or (ii) to the use of or reference to MENU’s or [Name ]’s company names, logos, brands, other trademarks, or those of MENU or [Name ]’s licensors.
8.5. The service or applications can be made accessible or used in connection with or in connection with services and / or content from third parties (including advertising). You acknowledge that other terms of use and privacy policies may apply. Captain Cook Limited is not responsible or liable for any goods, services or content from third parties.
8.2. You are not permitted to: (i) remove references to copyrights, trademarks or other property rights from the relevant part of the applications; (ii) reproduce, modify, create, distribute, license, rent, sell, resell, transfer, transmit, make public or otherwise use the applications without the express consent of MENU to stream, broadcast or otherwise exploit; (iii) to decompile, reverse engineer or disassemble the applications, unless and to the extent permitted by law; (iv) to link, frame or mirror a part of the applications; (v) to develop or install programs or scripts with the aim of scraping, indexing, surveying or other data mining or to unduly restrict or hinder the operation or function of aspects of the applications; or (vi) attempt to gain or interfere with unauthorized access to any part of the applications and the systems or networks connected to it.
8.3. The service and the applications as well as all rights to it exclusively belong to MENU or the licensors of MENU and remain with them.
8.4. Neither these Terms of Use nor the use of the Service grant you any rights: (i) to or in relation to the Service or Applications, except for the limited license granted above; or (ii) to the use of or reference to MENU’s or [Name ]’s company names, logos, brands, other trademarks, or those of MENU or [Name ]’s licensors.
8.5. The service or applications can be made accessible or used in connection with or in connection with services and / or content from third parties (including advertising). You acknowledge that other terms of use and privacy policies may apply. Captain Cook Limited is not responsible or liable for any goods, services or content from third parties.
9. User Content
9.1. Captain Cook Limited may, at its sole discretion, allow you to submit, upload, publish, or upload text, audio and / or image content and information from time to time, or otherwise be available through the applications for Captain Cook Limited, MENU, and / or other users to make, such as comments and feedback on the hospitality services, meals and drinks or other menu offers or services, the service, support requests and the submission of contributions (“user content”). As a matter of principle, you remain the owner of all user content submitted or otherwise made available.
9.2. However, you grant Captain Cook Limited and MENU a worldwide, unlimited in time and content, irrevocable, transferable, sublicensable and free license to all user content, in particular for their use, performance or other use in all Formats and across all sales opportunities, regardless of whether they already exist and / or are known or only arise or become known later.
9.3. You ensure and are responsible that: (i) you are either the sole and exclusive owner of all user content or have all the rights, licenses, consents and exemptions required to provide user content under the above license to Captain Cook Limited and MENU; and (ii) neither the user content nor its transmission, uploading, publication or other disclosure, nor the use of the user content by Captain Cook Limited and / or MENU violate the rights of third parties in intellectual property or other rights of third parties, publication rights or personal or data protection rights of third parties or disregard or violate applicable laws or regulations.
9.4. You agree not to post, transmit, upload, communicate, publish, or make available any user content that is offensive, defamatory, mean, violent, obscene, pornographic, otherwise objectionable or unlawful, whatever by Captain Cook Limited and / or MENU is decided at its own discretion; this is irrespective of whether the user content is protected by law or not. Captain Cook Limited and MENU have the right, without notice to you, to review, monitor and remove user content at its sole discretion. However, there is no obligation to check, monitor or remove user content.
9.2. However, you grant Captain Cook Limited and MENU a worldwide, unlimited in time and content, irrevocable, transferable, sublicensable and free license to all user content, in particular for their use, performance or other use in all Formats and across all sales opportunities, regardless of whether they already exist and / or are known or only arise or become known later.
9.3. You ensure and are responsible that: (i) you are either the sole and exclusive owner of all user content or have all the rights, licenses, consents and exemptions required to provide user content under the above license to Captain Cook Limited and MENU; and (ii) neither the user content nor its transmission, uploading, publication or other disclosure, nor the use of the user content by Captain Cook Limited and / or MENU violate the rights of third parties in intellectual property or other rights of third parties, publication rights or personal or data protection rights of third parties or disregard or violate applicable laws or regulations.
9.4. You agree not to post, transmit, upload, communicate, publish, or make available any user content that is offensive, defamatory, mean, violent, obscene, pornographic, otherwise objectionable or unlawful, whatever by Captain Cook Limited and / or MENU is decided at its own discretion; this is irrespective of whether the user content is protected by law or not. Captain Cook Limited and MENU have the right, without notice to you, to review, monitor and remove user content at its sole discretion. However, there is no obligation to check, monitor or remove user content.
10. Indemnification
You undertake to indemnify and hold Captain Cook Limited, MENU, its subsidiaries, Captain Cook Limited Franchisee, licensors as well as organs, managing directors, employees and contractors harmless against all claims, claims, costs, damages, losses, liability claims (including attorney fees and – costs) arising out of or in connection with your violation or your violation of any provision of these terms of use or any applicable legal provisions, your violation of third party rights, including the participating restaurants, Captain Cook Limited, MENU or otherwise from or in connection with your Use of the service and / or the applications result.
11. Disclaimer and Warranty
11.1. Any guarantee of Captain Cook Limited, in particular for the service and the applications, is hereby excluded. Captain Cook Limited makes no assurances regarding the applications and the service and makes no guarantee in this regard and gives no guarantee.
11.2. The service is provided to “AS IS” and “AS AVAILABLE”.
11.3. In particular, Captain Cook Limited cannot guarantee that the website, its content, the service and / or the applications are free of errors, defects, malware and viruses or that the website and / or the applications are correct, updated and error-free.
11.4. Furthermore, Captain Cook Limited in particular makes no representations and gives no guarantee that the service will not be interrupted or is otherwise error-free, and no guarantee regarding the reliability, quality, suitability or availability of the service and the applications or other services in connection with the Service and the applications. Temporary interruptions or errors can arise and the service or. the applications may be subject to restrictions, malfunctions, delays or other problems.
11.2. The service is provided to “AS IS” and “AS AVAILABLE”.
11.3. In particular, Captain Cook Limited cannot guarantee that the website, its content, the service and / or the applications are free of errors, defects, malware and viruses or that the website and / or the applications are correct, updated and error-free.
11.4. Furthermore, Captain Cook Limited in particular makes no representations and gives no guarantee that the service will not be interrupted or is otherwise error-free, and no guarantee regarding the reliability, quality, suitability or availability of the service and the applications or other services in connection with the Service and the applications. Temporary interruptions or errors can arise and the service or. the applications may be subject to restrictions, malfunctions, delays or other problems.
12. Disclaimer and Limitations of Liability
12.1. Captain Cook Limited is only liable for damage caused by deliberate intent or gross negligence.
12.2. Captain Cook Limited is in particular not liable for any damage resulting from the use (or inability to use) of the website or the applications or the service, including caused by malware, viruses or any errors or incompleteness of the information or the website or applications damage.
12.3. Captain Cook Limited is not liable for damage or claims for damages by third parties.
12.4. These disclaimers and limitations also apply to Captain Cook Limited’s assistants, their agents and deputies.
12.2. Captain Cook Limited is in particular not liable for any damage resulting from the use (or inability to use) of the website or the applications or the service, including caused by malware, viruses or any errors or incompleteness of the information or the website or applications damage.
12.3. Captain Cook Limited is not liable for damage or claims for damages by third parties.
12.4. These disclaimers and limitations also apply to Captain Cook Limited’s assistants, their agents and deputies.
13. Applicable Law and Other Provisions
13.1. These terms of use are subject to laws of the Federal Republic of Nigeria, to the exclusion of any references to other legal systems; the application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. Regardless of this choice of law, those provisions remain applicable to contracts with consumers from which no deviations may be made by agreement under the law that would apply without the choice of law.
13.2. Should provisions of these terms of use or the contract be invalid or ineffective, the effectiveness of the other provisions and the terms of use respectively. of the contract otherwise not affected. To the extent permitted by law, the void or ineffective provisions will be replaced by provisions that come as close as possible to their economic purpose.
13.3. You may not transfer your rights and obligations from these terms of use to a third party without the prior express written consent of Captain Cook Limited.
13.4. Captain Cook Limited can send you, in particular about the service or the applications, by general notification or by email to your email address stored in the user account information of Captain Cook Limited or by means of written communication by regular mail to you in the user account information of Captain Cook Limited saved address message.
13.2. Should provisions of these terms of use or the contract be invalid or ineffective, the effectiveness of the other provisions and the terms of use respectively. of the contract otherwise not affected. To the extent permitted by law, the void or ineffective provisions will be replaced by provisions that come as close as possible to their economic purpose.
13.3. You may not transfer your rights and obligations from these terms of use to a third party without the prior express written consent of Captain Cook Limited.
13.4. Captain Cook Limited can send you, in particular about the service or the applications, by general notification or by email to your email address stored in the user account information of Captain Cook Limited or by means of written communication by regular mail to you in the user account information of Captain Cook Limited saved address message.