Terms and Conditions

Last updated: 2026-10-15

1. Acceptance of terms

By accessing and using the Take Away platform (the "Platform"), operated by Prime Digital Solutions (the "Company"), you agree to these Terms and Conditions in full. If you do not agree, you must not use the Platform. Continued use of the Platform constitutes acceptance of these terms in their current version.

Take Away acts solely as a technology intermediary that connects customers, restaurants, and couriers. The Platform is not a party to the food sale contract, which is entered into directly between the Customer and the Restaurant. Responsibility for the quality, food safety, and suitability of products rests exclusively with the Restaurant.

2. Definitions

For the purposes of these Terms and Conditions:

Platform: the application, website, and associated services operated by the Company under the "Take Away" brand.
Customer: the user who places orders through the Platform.
Restaurant: the establishment that offers its products through the Platform.
Courier: the user who delivers orders.
Order: the request for products placed by a Customer to a Restaurant.
Electronic order: order paid by card or digital wallet captured by the Platform.
Cash order: order collected directly by the Restaurant or Courier via cash, transfer, or mobile money.
Restaurant Cash Debt: taxes + commission + service fee owed to the Platform for cash orders.
Courier Cash Debt: retained delivery fee portion owed to the Platform for cash deliveries.
Compensation: debt recovery by withholding electronic-order revenue in chronological order (FIFO).
In-flight exposure: pending debts plus cash orders accepted but not completed.

3. User accounts and roles

3.1 Registration

To use certain features, you must register with a valid email address and password, or through available social login providers (Google, Microsoft, Facebook, Apple). You are responsible for maintaining the confidentiality of your credentials and for all activity conducted with your account.

3.2 Roles

The Platform supports three main roles:

Customer: browsing, ordering, tracking, reviews, loyalty program, address and payment method management.
Restaurant: catalog management, branches, kitchen display, orders, finance, employees, marketing, and reviews.
Courier: identity and vehicle verification, delivery assignment, navigation, earnings and debt management.

3.3 Verification

Couriers must complete biometric facial verification and document verification before operating.
Couriers must complete vehicle verification (type, make, model, license plate, photo).
Restaurants must complete the approval process, including document verification, before receiving orders.

4. Customer terms

4.1 Orders

You can place delivery, pickup, or dine-in orders.
You can customize products (smoothies, combos, beverages), add extras, and remove ingredients.
You can combine orders from multiple restaurants in a multi-restaurant cart.
Once the Restaurant accepts your order, cancellation may incur a charge equivalent to the full order total.

4.2 Payments

The Platform supports card, Apple Pay, Google Pay, Bizum, Revolut Pay, PayPal, bank transfer, mobile money, cash, and pay-on-pickup.
Electronic payments are processed through integrated, secure payment providers.
Available payment methods vary by country and region, configured by the Platform to adapt to each market.

4.2.1 Electronic payment lifecycle

When you place an order with an electronic payment method (card, Apple Pay, Google Pay, PayPal, etc.), the Platform performs an authorization (hold) on your payment method. This authorization is not a final charge: it confirms the method is valid and reserves the funds.
The final charge (capture) is executed only when the Restaurant accepts the order, confirming it can prepare it.
If the Restaurant does not accept the order within the established timeframe, the authorization is automatically released and you are not charged. You do not need to request a refund.
If the payment capture fails at the time of acceptance (insufficient funds, expired card, bank decline), the order is cancelled, the authorization is released, and you are notified to update your payment method.
For cash, pay-on-pickup, bank transfer, or mobile money orders, payment is handled at delivery or pickup, without prior authorization.

4.3 Loyalty program

You earn points on each completed order and can redeem them for discounts.
Program configuration (points per currency, redemption options) is managed by the Platform and the Restaurant.
Points have no monetary value, are non-transferable, and cannot be redeemed for cash.

4.4 Reviews

You can leave reviews and ratings after receiving your order.
Reviews must be truthful and respectful. The Platform reserves the right to moderate them.

4.5 Dispatch escalation

If no courier accepts your order, the Platform may apply progressive surcharges to incentivize assignment.
When the maximum is reached, you are presented with a decision panel: wait longer, pick up the order, or request a refund.

4.6 Minimum order value, zones, and fees

Each zone or branch may set a minimum order value, shown before you confirm an order.
Minimums, delivery fees, and availability depend on the zone covering your address and its operating hours; orders or changes below the minimum cannot be submitted.
Delivery fee, service fee, taxes, and discounts are itemized at checkout; tips are voluntary and go in full to the courier or establishment. Fees are configurable per country and the amount confirmed at checkout applies.

5. Restaurant terms

5.1 Registration and approval

You must complete the registration process with truthful information and valid documents.
The Platform reviews and approves your application before you can receive orders.
Upon approval, the Platform automatically configures default delivery zones to accelerate your setup.

5.2 Operational management

You can manage multiple branches, each with its own address, hours, products, and operational status.
You must keep prices, descriptions, images, allergens, nutritional information, and hours up to date.
You can configure delivery zones with 24-hour availability (permanent) or with specific start and end time slots.
You must use the kitchen display to manage the kitchen flow and meet preparation times.

5.3 Commissions and finance

You pay a commission on the subtotal by order type (delivery, pickup, dine-in) per your country's configuration, with configurable minimum and maximum.
Electronic orders: the Platform captures payment, retains commission + service fee + taxes + its delivery share, and pays you the net (subtotal - discount - commission).
Cash orders (all types): you retain the amount collected and owe the Platform taxes + commission + service fee (Restaurant Cash Debt).
Recovery: (1) compensation from future electronic-order net (FIFO); or (2) cash/transfer deposit.
The pending balance plus in-flight exposure is subject to a configurable limit; when exceeded, new cash orders are blocked.

5.4 Marketing and promotional initiatives

Create and manage initiatives (campaigns, flash sales, advertising, coupons, combos) from the Marketing Center, with an AI studio for images and videos.
Funding: budgeted initiatives require prepayment (transfer with proof or card). The budget is frozen upon confirmation and consumed deterministically.
Budget control: daily cap and pace (standard or accelerated); spending stops at the cap or total paid.
Administrative review: paid campaigns are submitted for review before publishing; approved only with confirmed payment.
Channels: in-app (banner, push, SMS, email) or external (Instagram, TikTok, Meta Ads, LinkedIn) with connected integration.
Metrics: impressions, clicks, redemptions, attributed orders and revenue.

5.5 Per-country pricing configuration

The Platform configures per country: commissions by order type (delivery, pickup, dine-in) with minimum and maximum, customer service fee, taxes, courier share of the delivery fee, suggested tips, total rounding, loyalty and promotion discount financing, and minimum order limits. Each configuration is versioned and frozen at order time (snapshot), ensuring that financial statements reflect exactly the rules in force at the time of the transaction, unaffected by subsequent changes. The Company provides a simulation tool to preview the impact of configuration changes before applying them.

5.6 Statements and financial reconciliation

The Platform generates formal account statements for restaurants and couriers, with detailed breakdown of commissions, service fees, taxes, tips, discounts, escalation costs, and payouts. Statements are auditable and enable accurate financial reconciliation for each period. The Company provides a simulation tool to preview the impact of configuration changes before applying them.

5.7 Cash debt limits

Configurable per restaurant or global. The system computes full exposure: pending debts plus in-flight exposure (cash orders accepted but not completed). When exceeded, new cash orders are blocked until settled by compensation or deposit.

5.8 Staff, branches, and stock

Staff accounts have roles, permissions, and branches; credentials such as a password or PIN are personal and must not be shared, and panel actions are logged.
Menus, prices, hours, zones, and stock may be managed per branch; stock changes by orders, adjustments, and transfers, each recorded with reference and author.

6. Courier terms

6.1 Verification

You must complete biometric facial verification before operating. Capture is used exclusively for identity validation.
You must complete document verification (identity, license, insurance) and vehicle verification.
Identity impersonation is grounds for immediate termination of the relationship with the Platform.

6.2 Deliveries

Once you accept an assignment, you must complete the delivery unless justified.
You must keep GPS location transmission active during deliveries.
You must use the wait timer and log at least one contact attempt when the Customer does not respond, before reporting absence.
GPS delivery verification is used to confirm your presence at the delivery point.

6.3 Earnings

You earn your configured share of the delivery fee plus the tip per delivery. Escalation surcharges increase earnings.
You may request withdrawals per the monthly window and minimum set.
Electronic orders: the Platform pays earnings directly by transfer or wallet.
Cash delivery: you collect from the Customer, pay the Restaurant the food amount, and keep your delivery fee share plus tip. You owe the Platform the retained delivery fee portion (Courier Cash Debt).
Recovery: (1) compensation from future electronic earnings (FIFO); or (2) cash deposit.
You may opt out of cash orders.

6.4 Cash fraud detection

The Platform monitors courier behavior on cash orders to prevent fraud. Couriers may be flagged, automatically suspended, or blocked based on the detected risk level. Two consecutive flags in automatic mode trigger temporary suspension. Escalation to permanent blocking requires human confirmation by the Company.

6.5 Courier debt limits

Configurable per courier or global. The system computes pending debts plus in-flight exposure (cash orders accepted but not delivered). When exceeded, new cash orders are blocked until settled by compensation or deposit. You may opt out of cash orders.

6.6 Courier payouts

For electronic orders, the Platform pays earnings by transfer or wallet with formal statements. For cash orders, you collect from the Customer and settle with the Platform via compensation or deposit (§6.3).

6.7 Coverage areas and courier limits

Delivery depends on the configured coverage areas and zones, including restricted areas; deliveries may only be completed inside enabled areas.
Identity, vehicle, and document verification must remain valid.

6.8 Documents and share links

Receipts, statements, and verification documents are available in the Document Center and may be shared through personal links that expire; another person's document must not be shared.

7. Prohibited conduct

The following is strictly prohibited:

Impersonating another person.
Using the Platform for illegal or fraudulent purposes.
Evading Platform commissions.
Harassing, threatening, or discriminating against other users.
Subcontracting delivery work (couriers).
Using Customer data for purposes other than delivery (couriers).
Publishing content that infringes third-party rights.
Committing fraud in cash handling or cash order remittance.

8. Intellectual property

All intellectual property rights in the Platform, including its design, code, trademarks, logos, content, and features, belong to the Company or its licensors. Reproduction, distribution, modification, or exploitation without express written authorization is prohibited.

Restaurants retain intellectual property rights over their catalogs, images, names, and proprietary content published on the Platform.

9. Limitation of liability

The Platform is a technology intermediation service and does not guarantee a minimum volume of orders, assignments, or earnings.
The Company is not responsible for product quality, traffic accidents, or order loss during transport, these being the exclusive responsibility of the Restaurant or Courier, as applicable.
The Company's liability is limited, in any case, to the amount of commissions or earnings accrued in the three months prior to the event causing the damage.

10. Force majeure

The Company shall not be liable for failure or delay in performing its obligations when such failure or delay results from events of force majeure or acts of God, including but not limited to natural disasters, armed conflicts, pandemics, government decisions, telecommunications network disruptions, or failures of external providers.

11. Modifications

The Company may modify these terms and service features, communicating substantive changes with reasonable notice through the Platform or by email. Continued use of the Platform after the modifications take effect constitutes acceptance of the modified terms.

12. Severability

If any provision of these terms is held invalid or unenforceable by a competent court or authority, the remaining provisions shall remain in full force and effect. The parties shall negotiate in good faith to replace the invalid provision with a valid one reflecting the original intent.

13. Applicable law and dispute resolution

These terms are governed by the law applicable in the jurisdiction where the Company operates. Disputes shall be resolved primarily through amicable negotiation. Failing agreement, the parties submit to the competent courts of the corresponding jurisdiction.

14. Contact

For any inquiry regarding these terms, you may contact the Company through the Platform's support center.