Platform Terms

These terms apply to the use of the ordering site and the app of a restaurant that Portano built. They apply from the moment you open either one, and they apply as well when you order without making an account.

In these terms we mean by:

Portano

Portano, a sole proprietorship (eenmanszaak) registered with the Dutch Chamber of Commerce under number 42034499. Portano builds the software and keeps it current.

The restaurant

the business you order from. The restaurant makes your food, sells it to you and decides the menu, the prices and the opening hours.

The ordering site and the app

the ordering site and the app that carry the restaurant’s name and that Portano built.

Your order

what you ordered from the restaurant through the ordering site or the app, for delivery or for collection.

You

you, the guest placing the order. These terms assume that you are a consumer.

These terms are not about the food itself. What you order, what it costs and how you get it, you agree with the restaurant. If the restaurant has its own terms for that, those apply alongside these terms. If they say something different about the food or about the delivery, the restaurant’s terms apply.

These terms are written in Dutch. If you are reading a translation, it is there for convenience. If there is any difference, the Dutch text governs.

You order from the restaurant. The restaurant is the seller of your food and drink. The agreement about your order is made between you and the restaurant.

Portano is not a party to that agreement. Portano sells you nothing and promises you nothing about your food. Portano supplies the restaurant with the software it sells through, and keeps that software current. Your payment is something Portano does receive on the restaurant’s behalf, and Portano passes it on to the restaurant. How that runs is set out in article 6.

The ordering site and the app carry the restaurant’s name. That the software comes from Portano changes nothing about who you are dealing with. That is the restaurant.

If something goes wrong with your order, the restaurant is the one you turn to. The restaurant decides about cancelling, about making it again and about giving money back.

Portano is not a restaurant. Portano has no kitchen, prepares no food and does not decide what is on the menu.

Portano is not a delivery service. Portano employs no couriers, does not drive and does not hand out rides. If your order is delivered, the restaurant does that with its own people.

Portano is not a bank. Your payment runs through a licensed payment service provider. The money goes straight to the restaurant. Portano does not hold your money.

Portano does not set the prices, the opening hours, the delivery area or the delivery charges. The restaurant does that itself.

You choose what you want, you fill in your details and you see your order once more on the screen before you confirm it. Check there that everything is right: the dishes, your address, the time and the amount.

When you confirm your order, that is your offer to the restaurant. The agreement is made as soon as the restaurant accepts your order. You get a confirmation of that.

The restaurant may refuse an order. That can happen when it is too busy, when a dish has run out, when the kitchen closes, when your address falls outside the delivery area or when something about the order is not right. The restaurant lets you know that your order is not going ahead.

Even after your order has been accepted, the restaurant can still cancel it, for example when something turns out to have run out after all. For the part that does not go ahead, you get your money back.

If there is an obvious mistake on the menu, for example a price that is clearly wrong, the restaurant does not have to carry out your order at that price. The restaurant then gets in touch with you. If you no longer want the order, you get your money back.

If you want to change something after you have ordered, call the restaurant. If the kitchen has already started, it can be too late.

The restaurant sets the prices on the menu, the delivery charges, any minimum amount and the discounts it gives.

Whatever comes on top of the dishes, you see listed separately before you confirm. The total amount is on the screen. What you see there is what you pay.

All amounts are in euros.

Portano charges you nothing. What Portano charges for the software is paid by the restaurant.

If the restaurant changes a price, that price applies to orders placed after that. Nothing about the price of your own order changes once you have confirmed it.

You pay through the payment service provider that Portano uses for the ordering site and the app. That is a licensed payment service provider. You settle up on that party’s own page.

Which methods you can choose depends on what the restaurant has switched on. Usually those are iDEAL, Bancontact and paying by card.

Portano does not see your card details and does not store them. You fill them in at the payment service provider, and there they stay.

The payment service provider settles your payment to the restaurant’s account. Portano does not sit in between. Your order counts as paid as soon as the payment service provider confirms the payment.

If the payment does not go through, your order does not go ahead. You can try again or choose another method.

If you get money back, the restaurant arranges that. Where possible the amount goes back to the method you paid with.

If the restaurant lets you pay at the door or at the counter, that happens outside the ordering site and the app. You arrange that with the restaurant.

If the restaurant delivers, it does so itself, with its own people. Portano does not deliver, has no couriers and hands out no rides.

The restaurant decides where it delivers and what it charges for that. If your address falls outside that area, you cannot have it delivered. Collection is possible if the restaurant offers it.

The time you see on the screen is an estimate from the restaurant. It is not an agreed time. On a busy evening or in bad weather it can take longer.

If it takes much longer than expected, call the restaurant. They know where your order is. Portano cannot check that for you.

Make sure your address is right and that you can be reached on the number you filled in. Make sure someone is there to take your order. If handing it over does not work, the restaurant gets in touch with you and you agree with the restaurant what happens next.

If you collect your order yourself, come in the time slot you chose. If you are going to be later, let the restaurant know.

If something is not right about your order, get in touch with the restaurant. The contact details are in the ordering site and in the app, and in the confirmation you were sent.

The restaurant decides about cancelling, about making it again and about giving money back. Portano cannot decide that and cannot pay money back.

If you do not get anywhere with the restaurant, you can let us know at hello@portano.nl. We can pass your message on and we can check whether something went wrong in the software. Our role does not go further than that.

There is no cooling off period for food that is prepared fresh for you. The statutory fourteen day cooling off period for buying online does not apply to food that spoils quickly and does not apply to meals delivered at an agreed time. That is set out in artikel 6:230p BW (the Dutch Civil Code). So you cannot undo an order simply because you have changed your mind.

That changes nothing about your other rights. If you get something other than what you ordered, if there is something wrong with what you get, or if it does not arrive at all, you keep your rights against the restaurant. Those rights are in the law and these terms do not take them away from you.

The restaurant supplies the information about the dishes, about the ingredients and about allergens, and is responsible for it. The ordering site and the app show what the restaurant filled in. Portano does not check that information and does not add to it.

If allergens are listed with a dish, the restaurant put them there itself. The restaurant is required to state the fourteen allergens from Annex II of Verordening (EU) 1169/2011, or to name them to you on request. How much detail it gives about the rest of the ingredients is for the restaurant to decide.

If an allergy or an intolerance plays a part, do this:

A note to the kitchen reaches the kitchen, but it is not a guarantee. Only the restaurant can tell you what is possible and what is not. In a kitchen where many dishes are made side by side, traces of an allergen cannot always be ruled out.

Some restaurants offer alcohol. If there is no alcohol on the menu, this article does not concern you.

In the Netherlands you may not buy alcohol or have it on you if you are under 18. That is set out in the Alcoholwet (the Dutch Alcohol Act). Do not order alcohol if you are not yet 18, and do not order it for someone else who is not yet 18.

The restaurant checks your age at handover, at the door or at the counter. Keep your ID to hand.

If you cannot show your age, or the restaurant has doubts, it may refuse the alcohol. You do not get the drink then. You get that part of the amount back. The restaurant arranges that.

There is no automatic age check in the ordering site or the app. The check is done by a person, at the moment you get your order.

At many restaurants you can make an account. What an account gives you depends on what the restaurant has switched on: you do not have to fill in your details every time, you can see your earlier orders and your loyalty balance sits with them.

If you make an account, fill in details that are correct and keep them current. If your email address or your phone number is wrong, your confirmation does not arrive and the restaurant cannot reach you.

Your login details are yours. Do not pass them on, and that includes a login code you get by email or text message. Anyone who can get into your account can order in your name and can see your earlier orders.

If you think someone else can get into your account, tell the restaurant straight away and tell us at hello@portano.nl.

You can delete your account yourself. What happens to your data then is set out in article 15.

If the restaurant runs a loyalty programme with you, that is the restaurant’s programme. The restaurant decides what you get for it, how much you have to save and how long what you save stays valid.

What you save has no value in money. You cannot have it paid out and you cannot transfer it to someone else.

What you save at one restaurant counts only there.

If you get something on your birthday, that is because you gave a date of birth yourself. If you do not give one, that is the only thing you miss.

The restaurant may change or stop the loyalty programme or a promotion. If something is running for you at that moment, you agree with the restaurant what happens to it.

If you use a promotion or a discount code other than as it is meant, the restaurant may reverse the discount or refuse the benefit.

If the restaurant stops with Portano, the programme in the ordering site and the app stops. What the restaurant does after that, you hear from the restaurant.

Messages about your order belong to your order. The confirmation, the message that the kitchen has started and the message that your food is on its way or ready, you get because you ordered. That is not advertising.

You only get advertising if you said yes to it yourself. That goes per channel: email, text message and push notifications are asked for separately. We record per channel what you said yes to. For email we also keep when and where that happened.

At the foot of every advertising email there is an unsubscribe link. In your account on the ordering site you switch email and push notifications off. Text messages you switch off in the app, or you tell the restaurant. If an advertising text message says you can reply STOP, do not count on it: that reply does not reach us. If you unsubscribe, you do keep getting the messages about your order.

You only get push notifications if you allow them on your phone. You can switch that off again in your phone’s settings.

The messages come from the restaurant. Portano sends them on the restaurant’s instructions and does not use your data to advertise for itself.

When using the ordering site and the app, you do not do the following:

1. order in someone else’s name, or pay with details that are not yours
2. place orders you do not intend to take
3. order alcohol if you are not yet 18, or for someone who is not yet 18
4. try to get at the data of other guests or of the restaurant
5. disrupt, read out, copy or automatically crawl the ordering site or the app
6. use the ordering site or the app for anything other than ordering from that restaurant
7. leave insulting, threatening or untrue text in a note to the kitchen or in a review

If you do it anyway, the restaurant may refuse your order and close your account. Portano may block access where that is needed to protect the ordering site, the app or other people’s data. In a serious case the restaurant or Portano reports it to the police.

If you cause damage on purpose, the restaurant and Portano can recover it from you.

The restaurant decides what happens with the data of its guests. The restaurant is the controller for that.

Portano processes that data on the restaurant’s instructions, and only to make the ordering site, the app, your orders, the loyalty programme and the messages work. What Portano may and may not do with it is set out in the Data Processing Agreement between Portano and the restaurant, as artikel 28 AVG (the GDPR) requires.

To make your order work, the following data among others is processed:

• your name, your email address and your phone number
• your delivery address, with street, house number, postcode and city, and the coordinates that go with it, so the restaurant can see whether you fall within the delivery area
• your orders, with the prices, your note to the kitchen and the allergens attached to a dish
• your loyalty balance, and what has been added to it and taken off it
• your review and your comment, if you give one
• what you have given consent for, per channel, and for email also when and where you did that
• the code your phone needs to receive push notifications, if you switch them on
• your date of birth, if you give it yourself for something on your birthday

That data sits on rented servers in the European Union. Every night a backup copy is made, on that same infrastructure.

You can download everything that is kept about you in one file. You can also delete your account yourself. If you do, your name, your email address, your phone number, your address and your delivery note disappear from your earlier orders as well. What you typed for the kitchen with a dish stays with that order, and the text of a review you gave stays as well. The order itself stays in the restaurant’s records.

If you want something else, for example to have your data corrected or to object to a processing, turn to the restaurant. If you mail us, we pass your question on to the restaurant. You can also lodge a complaint with the Autoriteit Persoonsgegevens, the Dutch supervisory authority.

The Privacy Policy sets out how Portano handles personal data. If you want to know what the restaurant itself does with your data, ask the restaurant.

Portano does its best to keep the ordering site and the app working, on the busy evenings too. That everything is reachable at every moment is something nobody can guarantee.

For maintenance the ordering site or the app can be down for a short time. We plan that outside the hours when restaurants are busy as much as we can.

The restaurant sets its opening hours. Outside those hours you cannot order, or only for later if the restaurant offers that.

Some faults are beyond our reach: a fault at an internet provider, at the payment service provider or at your phone’s push service, or a problem with your own connection or device. If ordering does not work, call the restaurant.

Portano may change the ordering site and the app and add features to them or take features out. Which features are switched on for you is decided by the restaurant.

Portano supplies the ordering site and the app as they are. We work on them every week and we take faults out as soon as we see them. That is not the same as a guarantee that nothing ever goes wrong.

Portano does not warrant that the ordering site and the app are always reachable, and does not warrant that they are free of error. We agree no service level with you and we quote no availability percentage. What happens during maintenance and during a fault is set out in article 16.

About the food, and about what the restaurant does, Portano warrants nothing. That sits with the restaurant. So Portano does not stand behind:

• that a dish tastes the way you expect, or that it was prepared the way you asked
• that what is stated with a dish about ingredients and allergens is correct and complete, because the restaurant fills that in
• that a dish on the menu is actually in the kitchen at that moment
• that the restaurant accepts your order, and that it is open at the moment you look
• that the time you see on the screen is met, because that is an estimate from the restaurant
• that a loyalty programme, a promotion or a discount code stays in place, because the restaurant decides that

This article takes nothing away from you. As a consumer you keep the rights the law gives you. A warranty that Portano does not give is not a right you have lost, and against the restaurant you buy from, nothing here changes at all.

If something goes wrong in the software itself, Portano stays responsible for that. You can bring that to us. What that means is set out in article 18.

Portano is liable for damage you suffer because Portano’s software does not do what it should do, within the limits the law sets.

For the software, Portano is the one you turn to. That covers, among other things:

• that an order you confirm reaches the kitchen
• that the amount you see on the screen is the amount that goes to the payment service provider
• that your note to the kitchen stays with your order
• that your loyalty balance matches what the restaurant set up
• that your data is processed as article 15 sets out
• that your unsubscribe from advertising comes through and works

For the following the restaurant is responsible and Portano is not:

• the food itself, what is in it and how it was prepared
• the information about ingredients and allergens with a dish
• the prices on the menu, the delivery charges and any minimum amount
• accepting, refusing or cancelling your order
• the delivery, the delivery area and how long it takes
• the age check on alcohol, at the door or at the counter
• money back, making it again and how your complaint is handled
• the loyalty programme and the promotions
• whatever else the restaurant does with your data itself

The restaurant is your contracting party. On these subjects you turn to the restaurant. Who does what is also set out in the table at article 3.

Part of it sits with a third party: your bank and the payment service provider, your internet provider, your phone’s push service and the store you got the app from. What goes wrong there is not within Portano’s control. If your order gets stuck on it, call the restaurant.

These terms never exclude liability for death or injury, nor for damage caused by intent or deliberate recklessness on Portano’s part.

If something went wrong that you think is down to the software, let us know at hello@portano.nl. Describe what you did and what happened. Then we can investigate it and put it right.

These terms do not limit your mandatory rights as a consumer. What the law gives you stands, even where this text appears to say otherwise. These terms set no window within which you have to complain and no limitation period shorter than the one the law knows. What the law says about that simply applies.

Portano can amend these terms, for example when the software changes or when the rules change.

For your order, the version that stood at the moment you ordered applies. A later change does not affect that.

The version that applies now is always in the ordering site and in the app, with the date on which we last amended it.

Dutch law applies to these terms and to the use of the ordering site and the app.

If you live in another country of the European Union, you keep the protection that the consumer law of your own country gives you as a matter of mandatory law.

If you do not get anywhere with us, you can go to court. As a consumer you can always go to the court the law assigns you, for example the court of your own place of residence. These terms do not take that away from you.

You can also try to settle a dispute outside the courts. If the restaurant is affiliated with a disputes committee (geschillencommissie), you can bring your complaint there. The restaurant can tell you whether it is. If you live in another country of the European Union, the European Consumer Centre can help you further.

If your complaint is about your food or about your order, it is about the agreement with the restaurant. The restaurant is then the party on the other side, in court as well.

A question about your order, your food or your money goes to the restaurant. The contact details are in the ordering site and in the app, and in the confirmation of your order.

If something does not work in the ordering site or the app, or you have a question about these terms, get in touch with Portano. We reply within one working day.

Email

hello@portano.nl

Phone

06 87 83 83 18, from outside the Netherlands +31687838318

Company

Portano, a sole proprietorship (eenmanszaak), registered with the Dutch Chamber of Commerce under number 42034499

Address

Amperestraat 2d, 3112 MC Schiedam, the Netherlands. That address is the one held in the registers and is for post. We do not receive visitors there.

These terms are about ordering from a restaurant. For the use of Portano’s own site, the Website Terms and the Disclaimer apply. How Portano handles personal data is set out in the Privacy Policy.