Terms of Service

Welcome to Mytapper. This page (together with the documents referred to on it) informs you of the terms (the "Conditions") that apply when you order any menu item (the "Products") of our mytapper.com website or related mobile applications and services (each of which is referred to as a "Application").

Please read these Conditions carefully before ordering any Products from our Application. If you have any questions regarding these Terms, please contact support@mytapper.com before placing an order. By setting up your Mytapper account, you confirm that you accept these Terms.

1. Information About Us

mytapper.com operated by Mytapper, LLC, a company incorporated at 651 N Broad St., Suite 201, Middletown, Delaware, 19709. The terms "we" or "Mytapper" in these Terms refer to Mytapper, LLC.

2. Purpose

The purpose of our Service is to provide you with a simple and convenient service, putting you in contact with the associated Restaurant and the menu of your choice and allowing you to order the Meals you want from them. Mytapper markets Meals on behalf of our partner Restaurants exclusively, completes orders on their behalf and delivers the Meals to you. Likewise, Mytapper can also host establishments of different types, such as Supermarkets, Pharmacies or Essential Product Stores.

3. Your Account

Before you can order Products using our Application, you must open a Mytapper account. When opening an account, you may create a password or other secure access method, and you may also be required to provide your credit card information. You must keep any password you create, or any other secure login method, secret and prevent others from accessing your email or mobile phone account. If another person uses these methods to access your account, you will be responsible for paying for any Products ordered and we will not be liable for any other losses you suffer, unless the person using your password obtained it through our failure to keep it safe.

You may close your account at any time by requesting to do so in the account section of our website or by contacting us using the contact details above. We may suspend access to your account, or permanently close it, if we believe that your account has been used by another person. We may also close your account if, in our opinion, you are abusing our Service (for example, by requesting refunds or credits to which we do not believe you are entitled, by making repeated and unreasonable complaints, by mistreating our staff or any other reasonable cause). If we close your account permanently, we will refund any credit remaining and validly obtained from our customer support team or the Application after any problem, by applying a credit to your credit card on file, or, if this is not possible for any reason, by means of a bank transfer using your bank details (as long as you have provided them to us).

4. Service Availability

Each Partner Restaurant has a prescribed delivery area. This delivery area may change at any time due to factors such as weather or demand for our service. This is to ensure that the Products arrive at your door in the best possible way. Each of our Partner Restaurants decides their own operating hours. This means that the availability of our Service, and the range of Restaurant Partners you can order from, depends on the Restaurant Partners in your area. If you attempt to place an order to a delivery address outside of a Partner Restaurant's delivery area or hours of operation, or if the Application is unavailable for any reason, we will notify you that your order will not be possible before confirming the order.

5. Orders

When you place an order through our Application, it must be accepted by us or the Partner Restaurant before being confirmed. We will send you a notification if your order has been accepted (the "Confirmation Notice"). The contract for the supply of any Products you have ordered comes into force when we send the Confirmation Notice. You are responsible for paying for all Products ordered using your account, as well as any related shipping costs, and for complying with these Conditions, even if you have ordered the Product for someone else. Some Restaurant Partners operate a minimum order value policy. This will be displayed in our Application. All Products are subject to availability. Partner Restaurants may use nuts or other allergens in the preparation of certain Products. Please contact our Restaurant Partner before placing your order if you have an allergy for additional information. Mytapper cannot guarantee that any of the Products sold by our Partner Restaurants are free of allergens.

6. Delivery

When you place an order, you will have the option to place it as an ASAP Delivery or as a Scheduled Delivery. In the case of Quickest Delivery, we will inform you of the estimated delivery time of your Product once you have received the "Confirmation Notice", and we will try to deliver it as soon as possible; therefore, you must be available to accept delivery from the time you place the order. For a Scheduled Delivery, we will tell you the time at which the Product is expected to be delivered; you must be available to accept delivery at that time.

Unfortunately, despite our and our Restaurant Partner's best efforts, things don't always go as planned and factors such as traffic and weather conditions may prevent us from delivering your Product on time. If your order is delayed by more than 1 hour and we have not notified you of the delay, giving you the option to cancel your order, we will contact you to arrange a satisfactory solution, unless you caused the delay (for example, because we provided an incorrect address or did not come to meet us).

We will attempt to deliver to the address you provide to us when you place your order. If you need to change the delivery address after you have placed your order, please contact the Restaurant. You have the option to cancel the order, but if food preparation has started, you will be charged the full price of the Product and delivery.

You will be charged for the Product and delivery in the event of a failed delivery if you are responsible for any reason, including (without limitation):

7. Your Rights If There Is Any Problem With Your Products

You have the right to receive products that are as described, are of satisfactory quality and meet any specific requirements that you indicate to us (and that we accept) before placing your order. If you believe that the Products delivered to you do not meet these requirements, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Products. We will provide you with a refund or credit account in respect of the affected part of the Product or in respect of the entire order, if the order was affected in full, unless we have reasonable grounds to believe that the problem was caused after delivery.

Before processing your refund or account credit, we may take into account relevant factors such as the order details, including your account history, the circumstances of the delivery and the information provided to us by the Restaurant Partner.

8. Alcohol

Alcoholic beverages can only be sold and delivered to people over 18 years of age. By placing an order for alcohol, you confirm that you are at least 18 years of age. Mytapper operates the Challenge 25 age verification policy, whereby the delivery person will ask customers who appear under 25 years of age to present a valid photo ID showing that they are 18 years of age or older. The delivery driver may refuse to deliver alcohol to any person who does not appear to be 25 years old unless the person can provide such valid photo identification showing that he or she is 18 years of age or older. The Partner Establishment and the delivery person may also refuse to deliver alcohol to any person who is, or appears to be, under the influence of alcohol or drugs. In these cases, however, you will be charged for the drink in question and delivery costs.

9. Cancellation

You may cancel an order free of charge at any time before the Partner Restaurant has begun preparing the order (a "Started Order"). If you wish to cancel an order before it becomes a Started Order, please contact the Restaurant through our Application. If the Restaurant Partner confirms that the order was not an Initiated Order, we will refund your payment (excluding any discount applied to the order). If you cancel an order after it becomes a Started Order, you will be charged the full price of the Products and delivery charges.

Mytapper and the Partner Restaurant may notify you that an order has been canceled at any time. You will not be charged for orders canceled by us or the Restaurant Partner, and we will refund any payments already made using the same method you used to pay for your order. We may also apply credit to your account to compensate you for any inconvenience caused.

10. Prices, Payment and Offers

Prices include VAT. You confirm that you are using our Service for personal, non-commercial use. Mytapper may set dynamic pricing, which means that prices for Products and delivery may change while you are browsing. Prices may also change at any time at the discretion of the Partner Restaurants. We reserve the right to charge a Service Charge, subject to change, for the provision of our Services. We will notify you of any Service Charges and taxes prior to purchase on the checkout page of our App. No changes will affect existing confirmed orders unless there is an obvious pricing error. Price changes will also not affect orders in progress. If there is an obvious error in the price, we will notify you as soon as we can and you will have the option of confirming the order at the original price or canceling it free of charge and with a full refund of any amounts already paid.

In case delivery is made by Mytapper or any Partner Restaurant, we or the Partner Restaurant may also charge you a delivery fee. In this case, you will be notified during the order process before you complete your order.

The total price of your order will be indicated on the payment page of our Application, including the prices of the Products and Delivery and the Service Charge and taxes.

Payment for all Products and deliveries can be made on our Application by credit or debit card, or other payment method made available by Mytapper. Once your order is confirmed, your credit or debit card will be authorized and the total amount will be marked for payment. Payment is made directly to the Associated Restaurant. Payment can also be made by using vouchers or credit from your account.

We are authorized by our Restaurant Partners to accept payment on your behalf, so payment of the price of any Product or delivery charges to us will release you from your obligation to pay the price to the Restaurant Partner.

Partner Restaurants sometimes post special offers through our Application. These are visible when you view the menu of a Partner Restaurant. These offers are at the discretion of the Partner Restaurants. Unless the terms of the offer establish a fixed or minimum period during which an offer will be available, it may be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the Confirmation Notice.

11. Our Liability For Loss Or Damage You Suffer

We are responsible to you for any loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to exercise reasonable care in connection with the use of our Service. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is "foreseeable" if it is obvious that it will happen, or if you told us it might happen, for example, if you tell us, before placing an order, about particular circumstances that could increase the risk of loss or damage arising from our breach of these Conditions.

We do not exclude or limit our liability to you for losses or damages where it would be unlawful to do so. This includes any liability for death or personal injury caused by our failure, or the failure of our employees, agents or subcontractors, to use reasonable care; for fraud; for breach of your rights in relation to the Products, as summarized in section 7 above. Subject to the preceding paragraph, we will not be liable for any loss or damage that you suffer as a result of your own failure to comply with these Conditions, or as a result of any hardware or software failure, except in the case of failure of our Application.

12. Data Protection

We process your personal data in accordance with our Privacy Policy, found here.

13. Other Terms

If you or we have the right to enforce these Conditions against the other party, that right will not be lost even if the person having the right delays in exercising it, or waives his or her right to enforce these Conditions at any time. If a court or other authority decides that any part of these Terms is illegal or unenforceable, the rest of the terms will not be affected and will remain in force.

We may change these Terms from time to time. If we make any changes that affect your rights in relation to our Service, we will notify you. Changes to the Conditions will not affect orders you have placed and in respect of which we have sent you the Confirmation Notice. These terms and conditions will be governed by and construed in accordance with the laws of the State of Delaware, and any dispute arising in connection with these terms will be subject to the exclusive jurisdiction of the courts of the State of Delaware.

Terms of Use for Website and Apps

This page (together with the documents referred to on it) directs you to use our website mytapper.com (our "Site") or any applications we make available through an app store or otherwise (our "Service"), whether as a guest or a registered user. Please read these terms of use carefully before you start using our Site or Service. By accessing our Site or using our Service, you indicate that you accept and agree to these terms of use. If you do not agree to these terms of use, please do not access our Site or use our Service.

1. Information About Us

mytapper.com is a website operated by Mytapper, LLC ("we" or "Mytapper"), a company registered at 651 N Broad St., Suite 201, Middletown, Delaware, 19709. Mytapper is a restaurant-prepared food company independent restaurants (our "Partner Restaurants") and the restaurant itself or we carry out your delivery.

2. Access To Our Service(S)

Access to our Site and our Service is permitted on a temporary basis, and we reserve the right to withdraw or rectify access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site or our Service, or the entire Site or Service, to users who have registered with us. You are responsible for keeping your login details and any activity that occurs within your account confidential. If you have any problems with your connection details or believe that they have been misused, you should immediately contact support@mytapper.com to inform us. We may deactivate your account at any time for good reason.

3. Lawful Use

You may only use our Service for lawful purposes. You may not use our Site or our Service in any way that violates any applicable local, national or international law or regulation, nor may you send, knowingly receive, upload, download, use or reuse any material that does not comply with our content standards set out in section 5. In addition, you agree not to access without authorization, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.

4. Interactive Features of Our Site

From time to time, we may make available certain functionalities that allow you to interact through our Site or our Service, such as chat spaces. We do not generally moderate any interactive service we provide, although we may remove content that contravenes these Terms of Use, as set out in section 6. If we decide to moderate an interactive service, we will inform you clearly before you use the service and we will normally offer you a means of contacting the moderator, should any problem or difficulty arise.

5. Content Standards

These content standards will apply to all material you contribute to our Service (the "Contributions"), and to all interactive services associated with it. You must comply with the spirit and letter of the following rules. The rules apply to each part of any Contribution, as well as to its entirety. Contributions must be accurate (when stating facts or figures), honestly stated (when stating opinions), and comply with applicable laws in Delaware and any country from which they are published. Contributions must not:

6. Suspension

Failure to comply with section (Acceptable Use) and/or 5 (Content Standards) of these Terms of Use constitutes a serious breach of the Terms of Use and may result in our adoption of all or any of the following measures:

The responses described in this clause are not limited, and we may take any other action we deem reasonable.

7. Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in our Site and our Service, as well as the material posted on it (excluding your Contributions). These works are protected by intellectual property rights laws and treaties throughout the world. All these rights are reserved. You may not copy, reproduce, re-edit, download, publish, broadcast, transmit, make available to the public or otherwise use any content from our site, in any way, except for your own personal, non-commercial use.

8. Our Site and Service Change Regularly

We try to update our Site and Service regularly, and we may change the content at any time. If necessary, we may suspend access to our Site or our Service, or close it indefinitely. Any material on our Site or in our Service may be out of date at any given time, and we undertake no obligation to update such material.

9. Our Responsibility

We have taken every precaution in preparing our Site and our Service. However, we will not be responsible for any errors or omissions in connection with such content or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on our Site or in our Service, we will attempt to correct them as soon as reasonably possible. To the extent permitted by law, we exclude all liability (whether arising in contract, negligence or otherwise) for any loss or damage which you or any third party may incur in connection with our Site, our Service and any website linked to our Site and any material posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation in relation to a fundamental matter, or any other liability which cannot be excluded or limited by applicable law.

10. Use of Cookies

We collect certain data about you as a result of your use of our Service. You will find more details about this in our privacy policy.

11. Upload Material To Our Site And Our Service

Any material you upload to our Service will be considered non-confidential and non-private, and you acknowledge and accept that we have the right to use, copy, distribute, sell and disclose to third parties the aforementioned material for any purpose related to our economic activity. To the extent that such material is protected by intellectual property rights, you grant us a perpetual license, in all territories of the world and free of charge, to use, copy, modify, distribute, sell and disclose to third parties such material or information for any purpose linked to our economic activity.

12. Links From Our Site

With respect to the links that our Site may contain to other websites, as well as resources provided by third parties, these links are provided for informational purposes only. We have no control over the contents of such sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

13. Variations

We may revise these Terms of Use at any time by modifying this page. Please check this page regularly to stay informed of any changes we may make.

14. Problems

If you have any problems with material appearing on our Service, please contact support@mytapper.com.

Terms and Conditions of Vouchers and Account Credit

Mytapper makes available to you from time to time: (i) Vouchers (which are promotional credits that may be offered by us or by Restaurant Partners on our Site) and (ii) Account Credit (which is credit that can be applied to the account of a customer at the discretion of Mytapper). Both Vouchers and Account Credits operate as credits applied to a customer's Mytapper account, redeemable (subject to the conditions set out below) against the price of the Meals or the price of the delivery service. Vouchers and Account Credits are jointly referred to in these terms and conditions (the Credit Conditions) as Credits.

These Credit Terms apply to your use of Credits to pay for Meals using the Mytapper Service. These Credit Terms apply in conjunction with Mytapper's Terms and Conditions of Service, which continue to apply unless they conflict with these Credit Terms, in which case these Credit Terms prevail. Capitalized terms used in these Credit Terms have the same meaning as in our Mytapper Terms and Conditions of Service, unless defined in these Credit Terms.

You can "apply" a voucher to your account by (i) entering the Voucher code (if any) at the time of placing an order, or (ii) adding any rewards we make available to you in the "Your offers and rewards" section of your account. Unless otherwise stated, a voucher that has been applied to your account will remain there until it is "redeemed" against an eligible order, or until it expires (whichever comes first). Account Credits are Credits that we apply to your account ourselves. In any case, once any Credit has been applied to your account, the amount of the Credit will remain in your account until redeemed as payment for Meal, unless it expires in accordance with the terms of such Voucher. The reasons why Vouchers may expire are set out in these Credit Conditions.

Terms and Conditions that apply only to Vouchers

Vouchers offered in a particular country and currency may be subject to geographic restrictions which mean they cannot be used in a different country or currency. Vouchers are often offered subject to conditions, such as time limits, geographic limits, limits on certain categories of customers (e.g. new customers), or use only at a certain Partner Restaurant or for a certain menu item. Any restrictions on its use will be indicated when we offer the Voucher.

Some Vouchers are only available to new Mytapper customers. This means that the Voucher is applied (subject to any other applicable conditions) automatically when the Customer registers a new Mytapper account and will be redeemed when the Customer places their first eligible order. Mytapper reserves the right to refuse to apply and/or allow you to redeem a New Customer Voucher if you are registering a new account using credit card details or a name and delivery address already in our system.

The use of a Voucher in payment or partial payment may also be subject to specific conditions applicable only to that Voucher, such as a specific minimum order value or the Voucher may only be redeemed at certain Partner Restaurants or to pay for certain Meals. If the order placed does not comply with the applicable conditions, the Voucher cannot be redeemed against that order. The checkout page on our Site where you confirm your Food order will display the total value of the order and the applicable Voucher, if any. If there is a Credit Voucher in your account that does not apply to your order, it will not appear on the checkout page. At that time you will have the option to pay another way or cancel the order.

Unless we tell you otherwise, all Vouchers must be redeemed within one month of the date of application.

Only one Voucher can be redeemed per order. Each Voucher can only be used once per customer. If you have more than one eligible Voucher applied to your account when you place an order, Vouchers are redeemed in order of expiry date, with the Voucher redeemed first expiring first.

Vouchers cannot be redeemed in conjunction with any other Mytapper offer.

If you cancel an order placed with a Voucher, the Voucher credit will not be returned to the account and the Voucher cannot be used again. If the Voucher was specific to new customers, you will no longer be a new customer and will not be entitled to any subsequent New Customer Vouchers.

Terms and Conditions that apply to Vouchers and Account Credits

Orders are generally subject to minimum order values, which continue to apply regardless of whether payment or partial payment is by Credit.

Account Credits cannot be exchanged for cash or any other alternative.

Any attempt to manipulate our Site and our Credit offerings by using third-party bulk input or bundling, macros, 'scripting', 'brute force', identity masking by manipulating IP addresses, using identities other than your own or any other automated means (including systems that can be programmed to enter), will invalidate the order and the corresponding Credit. Mytapper has the right to take all reasonable measures to protect against fraudulent or invalid Credit refunds, including requiring reasonable additional verification to close the accounts of any customer it reasonably believes has carried out such acts.

These terms and conditions were last updated on August 17, 2024 and are effective as of that date.