VapVap Eats – Privacy Policy
Effective Date: May 14, 2025
Governing Law: Aruba
Introduction: Your privacy is important to us. This Privacy Policy explains how VapVap Eats (“we”, “our”, or “us”), operated by Cunucu Tech V.B.A. in Aruba, collects, uses, shares, and protects your personal information when you use our services. It also outlines your rights regarding your personal data under Aruban law. By using the VapVap Eats app or website (“the Platform”), you agree to the collection and use of information in accordance with this Policy. If you do not agree, please refrain from using our services.
1. Information We Collect
We collect various types of personal information to provide and improve our services to you. This includes:
• Profile Information: When you create an account, we collect information like your name, email address, phone number, and a password. If you register via social media or third-party login, we may also receive basic profile info from those accounts (such as your name and email).
• Contact and Identification Details: We may also collect your delivery address(es) or general location (e.g., for finding nearby restaurants), and any profile photo you choose to upload. For restaurants or partners, we might collect business contact details and relevant identifying information.
• Order Details: When you place orders, we collect information about the orders such as the items purchased, special instructions, order time and date, and order history. We keep a record of your past orders to help you track your purchases and reorder easily.
• Payment Information: VapVap Eats itself does not store your full payment card details. We collect payment-related information such as your payment method type and billing address, and we pass your payment details securely to our payment processors (for example, Sentoo or other banking/payment gateways). These third parties process your payment on our behalf and may send us limited information such as a payment confirmation or the last four digits of your card for reference.
• Location Data: To provide delivery services, we may collect precise location data from your mobile device when you have the VapVap Eats app open and enable location services. For example, when you (as a customer) are ordering for delivery, we may use your location to show nearby restaurants and to provide your address to the courier. If you are a delivery courier (if applicable), we collect your GPS location during deliveries. You can disable location access at any time in your device settings, though this may limit certain functionalities (like auto-detecting your address).
• Usage Data: We collect information on how you interact with our Platform. This can include:
• Technical Information: such as your device type, unique device ID, operating system, app version, browser type (if using the website), and IP address.
• Log Information: details of your use of the service, such as access times, pages viewed, crashes or error reports, and the features you used (e.g., searching for restaurants or applying a promo code).
• Cookies and Similar Technologies: Our website uses cookies (small text files stored on your browser) and our app may use device identifiers to recognize you and customize your experience (for example, to keep you logged in, to remember your preferences, or to track aggregate usage analytics). You can manage cookie preferences through your browser settings, but note that some parts of our service might not function properly if you disable cookies.
• Communications: If you contact us directly (through customer support emails, phone calls, or chat), we will receive the content of your messages, your contact information, and any attachments or additional information you provide. We may also receive read receipts or confirmation when you open communications from us (like emails). Additionally, if you participate in surveys, promotions, or contests we run, we will collect any information you provide in those contexts.
We collect the above information either directly from you (when you provide it) or automatically through your interaction with our Platform. In some cases, we may receive information about you from other sources: for instance, if you are referred to VapVap Eats through a referral program, or if we partner with third parties (such as marketing partners) who lawfully provide us with information about potential users. We will treat any such combined information in accordance with this Privacy Policy.
2. How We Use Your Information
VapVap Eats uses your personal information for the following purposes:
• Providing Services: We use your information to facilitate the ordering and delivery of meals. For example, we use your order details to inform the chosen Restaurant of what you ordered, your name and delivery address to ensure the food reaches you, and your payment information to process payment. We also use your account data to authenticate you when you log in and to ensure you can access your order history, saved addresses, and preferences.
• Customer Support: Information you provide helps us respond to your customer service requests and support needs. For instance, if you report a problem with an order, we will access your order information to assist you. If you call our support line, we may use your phone number or account ID to pull up your account or past orders.
• Communication: We may send you transactional communications such as order confirmations, delivery status updates, and receipts via the app, email, or SMS. We also send alerts or notifications for important account or service information (for example, changes to our terms or privacy policy, or security alerts like a login from a new device). These communications are considered part of our service.
• Marketing and Promotions: With your consent (where required by law), we may send you promotional emails, push notifications, or SMS messages about new Restaurants, special offers, promotions, surveys, or other news about our services that we believe may interest you. You can opt-out of marketing communications at any time by clicking the “unsubscribe” link in emails or adjusting your app notification settings. (Note: opting out of marketing messages will not affect transactional communications about your orders or account.)
• Personalization: We might use your information to personalize the experience for you, such as highlighting restaurants similar to your past orders, showing relevant promotions, or customizing content in the app/website. For example, if you often order vegetarian food, the app might suggest vegetarian-friendly restaurants or dishes.
• Analytics and Improvements: We analyze usage data and feedback to improve our Platform’s functionality, user interface, and service offerings. For instance, we might look at aggregate order patterns to optimize restaurant recommendations, or analyze app crash logs to fix bugs. Your data may be used to gauge customer trends and satisfaction (e.g., by sending optional surveys or analyzing what times of day the service is most used). We also may use data to develop new features or services.
• Safety and Security: We use personal information to maintain the safety and integrity of our Platform. This can include using certain data to detect and prevent fraud, abuse, security incidents, and other harmful activity. For example, we may use device and account information to identify multiple accounts or suspicious behavior; or use phone numbers and order history to flag potential fraud (such as unusually large orders that might indicate a stolen credit card).
• Legal Obligations: In some cases, we are required by law to collect and use your information. For example, for financial and tax records we retain transaction information; or if a law enforcement request is received, we may need to preserve and provide data as required by Aruba law. We also maintain records to comply with any legal reporting obligations (e.g., potentially for health or safety incidents).
• Other Purposes: If we intend to use your data for any purpose not covered above, we will describe it to you at the point of collection or obtain your consent as required by law. We will not use your personal data in a way that is incompatible with the purposes for which it was collected, unless permitted by applicable law.
3. How We Share Your Information
We value your privacy and share personal information only as needed to provide our services or as otherwise described below:
• With Restaurants: When you place an order, we share relevant details with the Restaurant fulfilling it. This includes your first name (and possibly last name initial), your order contents, any special instructions or allergy notes, and your delivery address (for delivery orders) or indicated name for pickup. We may also share your phone number with the Restaurant only if it’s necessary to assist with your order (for example, if the restaurant’s driver needs to contact you about your delivery). Restaurants are independent entities and are expected to handle your data in accordance with their own privacy policies and applicable laws, but we do contractually require them to use customer information only for order fulfillment.
• With Delivery Couriers: If your order is delivered by a courier (whether employed by VapVap Eats or a third-party partner, or by the Restaurant’s own driver using our system), we share the information necessary for delivery. This typically includes your first name, delivery address and GPS coordinates, and your phone number so the courier can reach you if needed (e.g., to find your location or notify you of arrival). We also share information about the order (not every item’s details, but enough to handle the delivery, such as “2 food items from Restaurant X”). Couriers are contractually obligated to use your information only for delivery purposes and to keep it confidential.
• With Payment Processors: As noted, we use third-party payment processors (such as Sentoo, local banks’ payment gateways, or credit card processing services) to handle payment transactions. We share your payment information (cardholder name, card number, expiration, CVV or bank account details, etc.) directly with these processors at the time of payment, and they process the payment. VapVap Eats does not store these sensitive financial details on our systems. Payment processors may also handle refunds or disputes and will communicate with us as needed (for example, sending us a notification of a successful payment or a chargeback). These third parties are responsible for their use of your data and have their own privacy policies; however, we select trusted providers that adhere to appropriate security and compliance standards (for instance, PCI-DSS for card processing).
• Service Providers: We employ other trusted third-party companies and individuals to help us provide our services or to perform functions on our behalf. Examples include cloud hosting providers (for storing data and running the app), SMS or email providers (to send verification codes, order notifications, etc.), analytics providers (to help us understand usage of our platform), and customer support tools. These service providers only receive access to the information necessary to perform their specific services for us and are contractually obligated to protect your information and use it only for our instructed purposes.
• Business Partners: On occasion, VapVap Eats may partner with other companies for joint promotions, or as part of referral or reward programs. If you participate in such a program (for example, a promotion where you earn a reward provided by a partner), we might share necessary information (like your VapVap Eats user ID or confirmation that you fulfilled conditions to get a reward) with the partner to fulfill the program. We will make clear to you when such a partnership is in effect and what information may be shared, and you will typically have to take an action (like opting into a promotion) for such sharing to occur.
• Legal Compliance and Protection: We may disclose your information if required to do so by law or in response to valid requests by public authorities (for example, a subpoena, court order, or government demand under Aruban law). We may also share information when we believe in good faith that disclosure is necessary to protect our rights, property, or safety, or that of our users, Restaurants, couriers, or the public. This can include sharing information with law enforcement or government agencies to detect or prevent fraud, security, or technical issues.
• Business Transfers: If VapVap Eats (or its operating company) is involved in a merger, acquisition, sale of assets, or financing, or as part of a bankruptcy proceeding, we may transfer your information to a successor or affiliate as part of that transaction. If this happens, we will ensure that your personal information remains protected and inform you (for example, via email or notice on our site) of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
• With Your Consent: Apart from the cases above, we will request your consent before sharing your personal data with third parties in situations where your consent is required. For example, if we ever want to post a customer testimonial on our website that includes personal information, we would seek your approval first.
Importantly, we do NOT sell your personal information to third parties. We also do not share your personal information with third parties for their own direct marketing purposes unless you have explicitly given permission.
4. Data Protection and Security
We take the security of your personal information seriously and implement a variety of technical and organizational measures to safeguard it:
• Encryption: Sensitive data such as payment information is transmitted using secure socket layer technology (SSL/TLS) and encrypted in transit. Our databases that store personal data are also encrypted at rest where applicable.
• Access Controls: We restrict access to personal data to authorized employees, contractors, and agents who need to know that information to operate, develop, or improve our services. These individuals are bound by confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
• Security Practices: Our IT systems are protected by firewalls and intrusion detection systems. We regularly update our application and servers to address security vulnerabilities. We also perform periodic security audits and testing (including penetration testing) to ensure the integrity of our systems.
• Payment Security: Our payment processing partners are PCI-DSS compliant (a strict industry standard for securing credit card data). We do not store full credit card numbers or bank account access credentials on our systems to reduce risk.
• Training and Policies: We train our staff about the importance of privacy and security. We have internal policies in place to handle data securely and respond to potential incidents.
Despite our efforts, no security measure is 100% perfect. We cannot guarantee absolute security of data, especially data transmitted via the internet. However, we continuously strive to protect your information and regularly enhance our security measures. If we become aware of a data breach that affects your personal information, we will notify you and the appropriate authorities in accordance with Aruban data breach notification laws.
5. Data Retention
We retain your personal information only for as long as necessary to fulfill the purposes we collected it for, including for satisfying any legal, accounting, or reporting requirements:
• Account Information: We keep your profile information and account data while your account is active. If you choose to delete your account or it’s inactive for an extended period, we will initiate the deletion of this information, except as noted below for certain data we may need to keep.
• Order History: We retain details of your orders as part of your account history. Even if you delete your account, we may retain order records (disassociated from your personal identity, where possible) for internal analytics, recordkeeping, and to comply with financial reporting obligations. If you request deletion of your data, we will remove personal identifiers, but basic transaction data may remain in our records (see Legal Obligations below).
• Communications: If you contacted customer support, we may retain those communications for a certain period to ensure we have context for any future support issues and to improve our services. Support emails or messages are typically retained for a minimum of 1 year, unless you request their deletion and we no longer need them.
• Legal Obligations: We may be required by law to keep certain information for a set period. For instance, financial transaction records and receipts might be kept for a number of years to comply with tax or accounting laws in Aruba. Also, in cases of dispute or if we reasonably anticipate litigation, we might retain data as necessary for evidence.
• Backup and Archival: Please note that removal of data from our live databases does not immediately purge it from all systems. Our backups or archival systems may retain copies for some additional time (typically a few weeks to a few months). However, such backups are protected and used only for backup recovery purposes.
Once the retention period expires or the purpose for retention has been fulfilled, we will securely dispose of or anonymize your personal information. When we anonymize data, we remove personal identifiers so that the data can no longer be associated with you, and such anonymized data may be used for analytics or business purposes indefinitely without further notice.
6. Your Rights and Choices
Under Aruba’s data protection regulations (and in alignment with principles similar to the EU General Data Protection Regulation – GDPR, which may apply in certain cases), you have several rights regarding your personal data. We are committed to honoring these rights. These include:
• Right of Access: You have the right to request a copy of the personal data we hold about you, as well as information on how we process it. Upon request, we will provide you with a summary of the data, typically within the timeframe required by law (generally within 4 weeks under Aruba’s Personal Data Protection Ordinance, extendable if necessary).
• Right of Rectification: If any of your personal information is inaccurate or incomplete, you have the right to ask us to correct or update it. You can also do this by logging into your account settings and updating your profile or saved addresses at any time. We encourage you to keep your information up to date to serve you better.
• Right to Erasure (Right to be Forgotten): You may request that we delete your personal data. This is not an absolute right – for example, if we are required by law to keep certain data (such as transaction records for tax purposes) we may not be able to delete those until the legal requirement expires. However, we will honor a deletion request by removing what data we can and rendering the rest inaccessible, and by deleting your account. Once your account is deleted, you will no longer be able to log in, and any loyalty credits or referrals associated with your account may be lost.
• Right to Restrict Processing: In certain circumstances (for instance, if you contest the accuracy of your data or have objected to processing), you have the right to request that we restrict processing of your data until the issue is resolved. This means we would store your data but not use it further until the restriction is lifted.
• Right to Object: You have the right to object to certain types of processing, such as direct marketing. If you object to our use of your data for marketing, we will stop using it for that purpose immediately (as mentioned, you can unsubscribe from marketing communications easily). If you object to other processing (like analytics), we will consider your request and comply unless we have a compelling legitimate reason not to (which we will communicate to you).
• Right to Data Portability: To the extent required by applicable law, you may have the right to receive your personal data that you provided to us in a structured, commonly used, and machine-readable format, and to transmit that data to another service provider. For example, you could request a file of your basic account and order history information. (This typically applies to data processed by us on the basis of your consent or for the performance of a contract.)
• Right to Withdraw Consent: If we are processing any of your personal data based on your consent (for example, optional profile information or if you explicitly agreed to receive promotional materials), you have the right to withdraw that consent at any time. Withdrawal of consent will not affect the lawfulness of processing we conducted prior to the withdrawal, and it may mean we can no longer provide certain services to you (for example, if you withdraw consent to location data, certain location-based features may not work). We will inform you if this is the case.
• Non-Discrimination: VapVap Eats will not discriminate against you for exercising any of these rights. For instance, we will not deny you services or provide a different level of service just because you exercised your privacy rights.
Exercising Your Rights: You can exercise many of the above rights by contacting us at info@vapvapeats.com. To protect your privacy, we may take steps to verify your identity before complying with the request (for example, asking you to confirm details of your recent orders or sending a verification code to your registered email or phone). We will respond to your request within a reasonable timeframe as required by law. If we cannot fulfill your request (due to legal obligations or other exceptions), we will inform you of the reasons, subject to any legal restrictions.
Additionally, if you have concerns about how we handle your data, you have the right to lodge a complaint with the relevant data protection authority in Aruba (for example, the Aruban Personal Data Protection Authority or through the Ministry of Justice which oversees privacy compliance). We encourage you to contact us first, so we have the opportunity to address your concerns directly.
7. Children’s Privacy
VapVap Eats is not directed to children under the age of 16. We do not knowingly collect personal information from anyone under 16 years of age without verifiable parental consent. If you are under 16, please do not use or provide any information on this Platform. If we learn that we have inadvertently collected personal data from a child under 16 without proper consent, we will take steps to delete that information promptly. Parents or guardians who believe that their child has provided us with personal information can contact us at info@vapvapeats.com to request deletion.
8. International Data Transfer
VapVap Eats primarily operates in Aruba. However, the personal data we collect may be stored and processed in data centers or with cloud service providers that are located outside of Aruba (for instance, in the United States or the European Union). In the event that personal data is transferred to and processed in countries outside Aruba, we will ensure that adequate protections are in place. This might include:
• Relying on countries that the Aruban authorities (or the Kingdom of the Netherlands) consider as having adequate data protection laws; or
• Implementing standard contractual clauses (SCCs) or similar legally recognized mechanisms to ensure data protection; and
• Requiring foreign service providers to adhere to our privacy standards and applicable law.
By using our services, you acknowledge that your information may be transferred to facilities located in other countries. Regardless of where data is processed, we will take appropriate measures to protect your privacy in accordance with this policy.
9. Updates to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, and other factors. When we make changes, we will revise the “Effective Date” at the top of this policy. If changes are significant, we may also notify you via email or through a notice on our website or app. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your information.
Your continued use of VapVap Eats after any update to this Privacy Policy will constitute your acceptance of the changes, to the extent permitted by law. If you do not agree with any changes to the policy, you should stop using the services and may request that your data be deleted in accordance with Section 6 (Your Rights).
10. Contact Us
If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us:
VapVap Eats – Privacy Team
Email: info@vapvapeats.com
Phone: (+297) 745 8149 (ask for Privacy/Data Protection inquiries)

Effective Date: May 14, 2025
Governing Law: Aruba
1. Acceptance of Terms
By creating an account or using the VapVap Eats application or website (“the Platform”), you agree to these General Terms & Conditions (“Terms”). These Terms form a binding agreement between you and Cunucu Tech V.B.A., doing business as VapVap Eats Aruba (“VapVap Eats”, “we”, “us”, or “our”). If you do not agree, you must not use the Platform. These Terms apply to all users of our services, including customers ordering food and visitors to our site or app. You acknowledge that you are at least 18 years old (or the age of legal majority in Aruba) and capable of entering into this agreement.
2. User Accounts and Responsibilities
• Account Creation: To use VapVap Eats, you may need to create an account with a valid email, phone number, and secure password. You must provide accurate and complete information and keep it updated.
• Account Security: You are responsible for maintaining the confidentiality of your login credentials. Any activity under your account is your responsibility. Notify us immediately at info@vapvapeats.com if you suspect unauthorized use of your account.
• User Conduct: You agree to use the Platform only for lawful purposes. You will not misuse the Platform (for example, no fraudulent orders, no harassment, no violation of any laws or rights of others). We may suspend or terminate your account for any violation of these Terms or fraudulent activity.
• Personal Responsibility: You are responsible for all charges, fees, and any applicable taxes incurred under your account. Ensure your payment information is valid and up to date (e.g., if your credit card or payment method changes).
3. The Ordering Process
Placing Orders: VapVap Eats facilitates food ordering and delivery by acting as an intermediary between you and independent third-party restaurants (“Restaurant(s)”). When you place an order through the Platform:
1. Order Placement: You select items from a Restaurant’s menu and confirm your order and payment through the Platform. Your order is a purchase offer to the Restaurant.
2. Restaurant Acceptance: The Restaurant will receive the order request. The contract for the sale of food is formed between you and the Restaurant only when the Restaurant accepts and confirms your order. VapVap Eats will notify you (via app notification or email) once the Restaurant has confirmed the order.
3. Preparation & Delivery: After acceptance, the Restaurant will prepare your food. A courier or delivery person (either employed by the Restaurant or an independent contractor working with us) will then deliver the order to the address you provided or have it ready for pickup as applicable. Delivery times provided are estimates – actual times may vary due to preparation duration, traffic, or other conditions.
User Instructions: It is your responsibility to provide accurate delivery information (address, contact details) and any necessary instructions. If you are not available to receive the delivery at the provided address, the courier may leave the items at a safe location or follow our standard failure-to-deliver procedure (which may include attempting to contact you or returning the food to the Restaurant). You may still be charged in full in such cases.
4. Pricing and Payment Terms
• Menu Prices: All prices for menu items are displayed in Aruban Florins (AWG) or as otherwise indicated, and are set by the Restaurants. Prices may include any applicable taxes or additional fees (such as government taxes or container charges) as required by Aruban law. We strive to keep menu information current, but Restaurants are responsible for providing accurate pricing and menu details.
• Delivery Fees: A delivery fee may be added to your order based on your location and the Restaurant’s terms. Any such fees will be disclosed before you confirm your order. In some cases, a small service fee or platform fee might also be applied to support the operation of the Platform – this will also be shown at checkout.
• Payment Processing: Payment for orders must be made at the time of order placement. VapVap Eats uses secure third-party payment processors to handle transactions (for example, Sentoo for local bank payments, or other payment gateways for credit/debit cards). Your payment details (e.g. card or bank information) are not stored on VapVap Eats servers; they are processed by these third-party payment providers. By providing your payment information, you authorize us to charge the total order amount (including item prices, taxes, and applicable fees) to your chosen payment method. Successful payment is required for an order to be confirmed. If the payment fails or is disputed, the order will not be processed or may be canceled.
• No Cash Payments: Unless explicitly stated by us for certain cases, VapVap Eats is a cashless platform. All orders should be paid through the available in-app payment options.
5. Cancellation and No-Refund Policy
Order Cancellation by You: You may cancel an order only if the Restaurant has not yet accepted or begun preparing it. Once your order is accepted and enters the preparation stage, it cannot be canceled. VapVap Eats maintains a strict no-refund policy once an order is being prepared by the Restaurant. This means that all sales are final after the Restaurant starts preparing your food. Please review your selections carefully before confirming your order.
• If you need to cancel, use the cancellation option in the app or contact customer support immediately. We will attempt to communicate your request to the Restaurant. However, if the Restaurant has already started preparing the order (which may be as soon as a few minutes after confirmation), you will be charged in full and no refund will be issued for the canceled order.
• If an order is successfully canceled before preparation, you will receive a full refund of any payment made, credited back to your in-app wallet.
Order Cancellation by Restaurant or VapVap Eats: In some cases, an order might be canceled by the Restaurant or by us (for example, the Restaurant is unexpectedly unable to fulfill the order, an item is out of stock and no replacement was agreed, or in rare cases of technical error or fraud suspicion). If your order is canceled before it is delivered to you, you will be notified and refunded for the canceled order (or not charged if the payment wasn’t processed yet). The refund will cover the full amount you paid for that order, including any delivery fees. VapVap Eats and the Restaurants reserve the right to cancel orders at their discretion, but this will typically only happen for reasons such as those stated above.
No Returns: Due to the perishable and custom-made nature of food, we do not accept returns of food orders. If there is an issue with your order (e.g., missing item or wrong item delivered), please contact our support team. We will work with the Restaurant to address the issue, which may include a partial or full refund or credit at our discretion. However, problems related to food taste, quality, temperature, or presentation are addressed in Section 7 below (Food Quality and Restaurant Responsibility).
Proof of Issue:
If you believe there is an issue with your order (for example, missing items, incorrect items, or quality concerns), you must report it to VapVap Eats support within 30 minutes of delivery. To process your claim, we may require you to provide clear photographs of:
• The food you received (including packaging)
• The receipt or order label attached to the packaging
• Any visible problem (e.g., missing item space, damaged packaging, contamination)
Failure to provide sufficient proof or to report within this time frame may result in your claim being denied.
6. Delivery and Timing
VapVap Eats will facilitate the delivery of your order to the address you provide, via either the Restaurant’s own delivery staff or independent couriers contracted through our Platform.
• Delivery Times: Any delivery time estimates provided are approximate. While we and our delivery partners strive to meet these estimates, delays can occur due to traffic, weather, peak demand, or other unforeseen factors. VapVap Eats is not liable for any delivery delays. You agree that a delay in delivery will not entitle you to a refund or compensation, as long as the order is eventually delivered, subject to any rights you may have under law.
• Delivery Responsibility: Once the courier or Restaurant leaves the order at your designated address (or hands it to you), ownership and responsibility for the food pass to you. Please be available to receive your delivery. If no one is present at the address to receive the order, the courier may attempt to contact you for further instructions. If we cannot complete delivery due to your absence or wrong address information, you may still be charged for the order.
• Temperature and Condition of Food: We encourage our Restaurant partners and couriers to package and transport food properly to preserve its condition, but VapVap Eats cannot guarantee that food will arrive at a certain temperature or in an exact presentation as if served at the Restaurant. By using our service, you acknowledge that some dishes may cool down or shift during transit. VapVap Eats is not responsible for the temperature or condition of the food upon delivery, apart from ensuring that the order includes the items you purchased. If you receive significantly spoiled or inedible food, please contact support so we can address it with the Restaurant.
• Delivery Fees and Tipping: Delivery fees (if any) will be shown at checkout. Tipping your courier is optional but appreciated; any tip amount you add will go entirely to the delivery person. VapVap Eats does not mandate tips and they are non-refundable once given, as they are a direct gratuity to the courier for their service.
7. Food Quality and Restaurant Responsibility
VapVap Eats is a platform connecting you with Restaurants. The Restaurant is solely responsible for the preparation, quality, and safety of the food you order. By placing an order, you acknowledge and agree that:
• Food Preparation: The Restaurant is the party that cooks and packages your food. VapVap Eats does not cook, prepare, or handle the food items. We do not provide any guarantees or warranties regarding the quality, ingredients, taste, or preparation of the food. Any descriptions or photos of menu items on the Platform are provided by the Restaurant and are for general informational purposes only.
• Food Safety and Hygiene: Restaurants using VapVap Eats are required to comply with all applicable local health and safety regulations in Aruba, including proper food handling, preparation, and storage standards. However, VapVap Eats is not liable for any cases of food poisoning, allergic reactions, contamination, or other food safety issues that may arise from the consumption of meals ordered through our Platform. These issues are the responsibility of the Restaurant. We urge customers with allergies to review item descriptions carefully and, when possible, use the app’s features to note allergies or special instructions, but the Restaurant is ultimately responsible for addressing such requests.
• Complaints about Food: If you have a complaint about the quality or safety of the food (for example, undercooked items, foreign objects, or suspected contamination), please report it to both the Restaurant and VapVap Eats support promptly. We will facilitate communication with the Restaurant, but any refunds or compensation for quality issues are at the discretion of the Restaurant and VapVap Eats. Generally, issues of taste, freshness, or temperature are not grounds for refunds by VapVap Eats since those factors are outside our control. However, Restaurants are expected to maintain high standards, and repeated serious complaints may result in the Restaurant being reviewed or removed from our Platform.
• Independent Restaurant Status: Restaurants on VapVap Eats operate independently of our company. We do not endorse or guarantee any Restaurant’s compliance with laws or consistency of their service. The inclusion of a Restaurant on our Platform does not imply our endorsement of their food or business practices. We act only as a technology service provider facilitating your orders and payments.
8. User Conduct and Prohibited Activities
Users are expected to behave respectfully and lawfully on the Platform. By using VapVap Eats, you agree NOT to:
• Use the Platform for any unlawful purpose or in violation of any local or international laws and regulations.
• Create multiple accounts fraudulently or impersonate any person or entity.
• Use the service to cause nuisance, annoyance, or inconvenience, such as placing fake orders, excessive cancellations, or abusing promotional programs.
• Harass, threaten, or harm Restaurants, couriers, or VapVap Eats staff, including through offensive or discriminatory language.
• Attempt to interfere with the operation or security of the Platform (e.g., by introducing viruses or hacking).
• Use any automated system (bots, scrapers) to access the Platform for data extraction, without our written permission.
We reserve the right to investigate and take appropriate legal action against users who violate this section, including suspension or termination of accounts and referral to law enforcement where applicable.
9. Intellectual Property
All content on the VapVap Eats Platform – including text, graphics, logos, button icons, images, software, and other materials – is the property of VapVap Eats or its content suppliers and is protected by copyright, trademark, and other intellectual property laws.
• License to Use: VapVap Eats grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for the purpose of browsing menus, placing orders, and using our services for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, or publicly display any portion of our Platform or its contents without prior written consent from us or the appropriate rights holder.
• Trademarks: “VapVap Eats” and our logo are trademarks/service marks of our company. All other names, logos, product and service names, or designs on the Platform are the trademarks of their respective owners (such as Restaurant names and logos). You are not granted any right or license to use any trademarks on the Platform without the owner’s prior written permission.
• User Content: If you submit any content (for example, ratings, reviews, feedback, or suggestions), you grant VapVap Eats a worldwide, royalty-free, sublicensable license to use, display, reproduce, and distribute such content in connection with operating and promoting the Platform. You promise that any content you provide does not infringe any third-party rights. We reserve the right to remove or edit user content that violates our policies or is inappropriate.
10. Limitation of Liability
Use at Your Own Risk: VapVap Eats provides the Platform and services on an “as is” and “as available” basis. While we strive to facilitate a smooth food ordering experience, we make no warranty or guarantee that the Platform will be uninterrupted, error-free, or meet all your expectations. To the fullest extent permitted by law, VapVap Eats disclaims all representations and warranties, express or implied, regarding the Platform and any food or services obtained through it, including any implied warranty of quality, merchantability, fitness for a particular purpose, or non-infringement.
Liability Cap: In no event shall VapVap Eats (or its owners, directors, employees, affiliates, or agents) be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of (or inability to use) the Platform or the food and services obtained through it. This includes, but is not limited to, damages for personal injury, pain and suffering, emotional distress, lost profits, lost data, or costs of procuring substitute goods or services.
Maximum Liability: To the extent any liability is found against VapVap Eats, our total cumulative liability to you for any claim arising from or related to the use of the Platform or these Terms shall not exceed the total amount of fees (if any) you paid to VapVap Eats for the specific order giving rise to the claim. If the claim is not related to a specific order, the maximum aggregate liability shall not exceed AWG 100 (Aruban Florins one hundred).
Exceptions: Nothing in these Terms is intended to exclude or limit any condition, warranty, right, or liability which may not be lawfully excluded or limited under the laws of Aruba. This means that certain liability for (for example) gross negligence or willful misconduct, or statutory protections under Aruban consumer law, may remain available to you. However, to the extent that such liabilities can be limited under applicable law, our liabilities are limited to the fullest extent permitted.
Third-Party Liability: You acknowledge that the Restaurants preparing your food and the couriers delivering it are independent third parties. VapVap Eats is not liable for the acts or omissions of any third-party Restaurant or delivery provider. We are not responsible for, and you agree not to hold us liable for, the actions, errors, or omissions of any Restaurant (such as a Restaurant’s failure to have an item available or delays in preparation) or any delivery courier (such as a late delivery or inability to find your address). However, VapVap Eats does care about your experience – we may, at our sole discretion, attempt to remedy an unsatisfactory experience by providing credits or other goodwill gestures, but such actions do not waive the above limitations or indicate an assumption of liability.
11. Indemnification
You agree to indemnify and hold harmless VapVap Eats, its parent company, affiliates, officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your access to or use of the Platform, (b) your violation of any of these Terms, (c) your violation of any applicable law or regulation in Aruba or any other jurisdiction, or (d) your interaction with any Restaurant, courier, or other third party through the Platform (including any personal injury or property damage you may cause or suffer). We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), and you agree to cooperate with our defense of such claim.
12. Suspension and Termination
Termination by You: You may stop using our services at any time and may request deletion of your account by contacting us. Closure or deletion of your account will be handled in accordance with our Privacy Policy (personal data deletion) and may result in loss of access to your order history or any credits or promotions associated with your account.
Termination or Suspension by Us: We may suspend or terminate your account or access to the Platform at any time, for any reason, with or without notice. Reasons for termination may include, but are not limited to:
• Violation of these Terms or any other policy of VapVap Eats.
• Fraudulent or illegal activity, or suspicion thereof.
• Abusive behavior towards Restaurant partners, couriers, or staff.
• Inactivity of the account for an extended period (for example, accounts not used for over 2 years may be deactivated for security).
If we terminate your account due to a breach of these Terms or misconduct, we may refuse to provide you with services in the future. If there are any pending orders at the time of termination, we reserve the right to cancel them (with or without refund, depending on the circumstances and consistency with our no-refund policy).
13. Changes to the Service and Terms
VapVap Eats is constantly improving and evolving. We may add, remove, or modify features of the Platform or the services we offer. We may also amend these Terms from time to time. If we make material changes to the Terms, we will notify users by posting the updated Terms on our website and app and updating the “Effective Date” at the top, or by other appropriate means. It is your responsibility to review these Terms periodically. By continuing to use the Platform after any updated Terms are in effect, you agree to be bound by the revised Terms. If you do not agree with any changes, you must stop using the Platform and (if applicable) delete your account.
14. Governing Law and Dispute Resolution
These Terms and any disputes related to them or to your use of the Platform shall be governed exclusively by the laws of Aruba, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms or the services provided through VapVap Eats will be brought exclusively in the courts of Aruba. You consent to the personal jurisdiction of such courts and waive any objections to such jurisdiction or venue.
While we hope to resolve any issues amicably, if you have a concern or dispute with VapVap Eats, we encourage you to first contact our customer support to seek an informal resolution before resorting to legal action.
15. General Provisions
• Entire Agreement: These Terms, along with any other policies or guidelines referenced herein (such as our Privacy Policy), constitute the entire agreement between you and VapVap Eats regarding your use of our services, and supersede any prior agreements or understandings, whether written or oral.
• Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms will remain in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of VapVap Eats.
• Assignment: You may not assign or transfer your rights or obligations under these Terms to any third party without our prior written consent. We may assign or transfer our rights and obligations to an affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law.
• Headings: Section headings in these Terms are for convenience only and have no legal or contractual effect.