1. Partners and application

1.1 Between whom the agreement applies

These Terms of Service (”Terms”) govern the relationship between you as the user
The application (”you” or ”the end user”) and the restaurant or business within
Joan's chain from which you choose to order and purchase goods and/or services via
Applications (”The Company”).
It is important to emphasize that the Company is your sole contractual partner. This means that all
rights and obligations arising from your purchase – for example, delivery, product liability,
complaint and refund – only valid in the relationship between you and the Company.
Other restaurants within the Joan's chain, the franchisor, or external technical
Suppliers are not parties to the agreement and are not liable to you for your purchase.

1.2 What the Terms Cover

Terms and conditions govern both your use of the Application as a digital ordering and
payment tools and the purchase of goods and services that you carry out via the Application.
The application is provided as a licensed service, which means you are granted the right to
use it in accordance with the Terms and Conditions, but that the Application is not sold to you.
By downloading, installing, or using the Application, you acknowledge that you have taken
part of the Terms and Conditions, that you understand their meaning and that you agree to be bound by
dem.

2. Service Description

2.1 Purpose and Function of the Application

The application is a digital, cloud-based service that allows you to efficiently and user-friendly order and pay for goods and services from the Company via your mobile phone, tablet, or other compatible mobile device.

The application functions as a technical interface between you and the Company and aims to simplify the ordering and payment process in connection with your restaurant visit. 

2.2 When does a binding purchase arise?

A binding purchase agreement is only formed when the Company has confirmed your order and the chosen payment has been approved. Until this point, no binding agreement has been entered into, and the Company is not obligated to deliver any goods or services.

2.3 Technical Suppliers and Payment Processors

To provide the Application, the Company may engage external technical providers and system platforms. These parties are used as subcontractors to the Company and have no direct contractual relationship with you regarding the ordering of goods or services from the Company. Payments within the Application are handled by external payment processors. These payment processors provide the payment service independently, process payments in accordance with their own terms and conditions, and are solely responsible for the payment service. 

2.4 Accessibility

The Company strives to make the Application available without interruption, but does not guarantee that the Application will always be free from errors, interruptions, or disturbances.

3. Definitions

In the Terms, certain terms are used with a special meaning. These definitions are intended to create clarity and apply throughout the entire Terms. 

”Application” means the downloadable software and platform offered by the Company through which the End User's account with the Company is made available.

”De-identified” means data that has been processed to remove, obscure, encrypt, anonymize, or aggregate identifying information so that it cannot, with reasonable effort, be traced back to you.

”The company” means the restaurant or establishment within the Joan's chain from which you order and purchase goods and/or services via the Application.
The company that is the Company is stated in connection with the order.

”Company Data” means all information, including but not limited to, data, analyses, measurements, reports, trends, and metrics, generated, derived, based on, or related to End-User Data.

”Mobile Device” means a smartphone, tablet, or other mobile computing device on which the Application can be or is installed.

”End-User Data” means data that you have entered or uploaded to the Services.

”Services” means the mobile ordering and payment services, and all associated services provided by the Company.

4. License and Use of the Application

4.1 Right to Use the Application

The Company grants you a personal, limited, non-exclusive, and non-transferable license to use the Application for private, non-commercial use on your Mobile Device, in accordance with the Terms and Conditions.

4.2 User Responsibility

You are solely responsible for how the Application is used through your account and for ensuring that your login credentials are handled securely. The Application may not be used in violation of the Terms and Conditions, applicable law, or in a manner that could harm the Company or third parties.

5. Intellectual Property

All intellectual property rights relating to the Application, its content, design, functionality, and underlying technology belong to the Company or its licensors. Nothing in these Terms constitutes a transfer of any intellectual property rights to you.

6. Payment and Transactions

6.1 Registration of Payment Methods

To be able to make purchases through the Application, you need to register a valid payment method. By registering a payment method, you agree that the Company may charge it for approved transactions.

6.2 Payment Execution

When you confirm an order, you will issue a payment order to the Company. After the payment has been processed, the transaction cannot normally be reversed. Any questions regarding payment or refunds will be handled in accordance with these Terms and applicable consumer protection legislation.

7. Complaints, claims, and refunds

The Company is responsible for the goods and services sold to you through the Application. If you have any comments, complaints, or claims, these should always be directed to the Company.

Refunds, if any, will be handled by the Company in accordance with applicable consumer legislation and the Company's procedures.

8. Unauthorized transactions

You are responsible for protecting your login details and your mobile device. If you suspect unauthorized use of your payment card or other payment instrument, you must immediately contact your card issuer or payment provider to block the payment instrument. The Company is not liable for unauthorized payments that occur due to the payment instrument being used by an unauthorized person, unless otherwise required by mandatory law.

9. Personal Data and Data

9.1 Processing of Personal Data

The company processes your personal data in accordance with applicable data protection legislation and its personal data policy, which is available at www.joans.se.

9.2 Data and Ownership

You retain ownership of the End User Data that you yourself provide. The Company owns the Company Data generated through the use of the Application that does not constitute personal data.

10. Updates and Third-Party Material

The Company may from time to time provide updates to the Application to improve functionality, security, or user experience. The Application may also contain third-party material provided on an "as is" basis.

11. Agreement Term and Termination

The terms and conditions apply from the moment you accept them and until further notice. You may terminate your use of the Application at any time. The Company has the right to terminate the agreement in the event of a material breach of contract or if the Application ceases to be provided.

12. Limitation of Liability

The company's liability is limited to the extent permitted by mandatory law. The company is not liable for indirect damages, lost profits, or other consequential damages. No joint liability exists between different companies within the Joan's chain.

13. Special Conditions for Apple Applications

If the Application is used via the Apple App Store, Apple's terms and conditions also apply. Apple is not responsible for maintenance, support, or any claims related to the Application.

14. Governing Law and Notices

These Terms shall be interpreted and applied in accordance with Swedish law. Communications from the Company to you may be provided electronically through the Application or via the contact details you have provided. Contact details for each restaurant are available in the Application and on www.joans.se.

15. Entire Agreement and Pricing

These Terms constitute the entire agreement between you and the Company regarding the use of the Application and the purchase of goods and services. All prices are inclusive of VAT, unless expressly stated otherwise.

16. Force Majeure

The Company is not liable for failure to fulfill its obligations under these Terms and Conditions if such failure is due to circumstances beyond the Company's reasonable control, such as, for example, power outages, operational disruptions, internet outages, fire, flood, governmental acts, labor disputes, or similar events.

17. Amendment of the Terms

The company reserves the right to update these Terms and Conditions from time to time. Updated Terms and Conditions will be published in the Application and on www.joans.se. The new Terms and Conditions are effective from the date of publication.

Appendix 1

At the time of publication of these Terms, the Joan's chain includes, but is not limited to, the following restaurants, see below. An current and updated list of restaurants can always be found at www.joans.se

Joan's Karlstad
Ca krog i Karlstad AB
Org 556538-9763

Joan's Vingåker
Willmi AB
Org 559414-1052 

Joan's Finspång
Wmmc AB
Org 559521-2910

Joan's Karlskoga Felo Bar & Bistro
Market Square 6A

Joan's Katrineholm
Jesus Christ
Stortorget 8C