VapVap Eats – General Terms & Conditions

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).

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.

If you have any questions or concerns about these Terms or our services, please contact us at info@vapvapeats.com. Thank you for choosing VapVap Eats – we appreciate your business and hope you enjoy the convenience of our Platform!