TERMS AND CONDITIONS


1. ABOUT THE APP

Fooddoo is a platform through which certain home based caterers (“Caterers”) sell homemade foods, snacks, pastries, or other edible items (“Product”) delivered by partnering delivery agencies ("Agencies"), sell gift vouchers (“Promotional Vouchers”), special offers coupons, promotional codes, giveaways, samples, for specific dates and times ("Reservations") (collectively, “Fooddoo Offerings”). Caterers & Delivery Agencies, collectivelyFooddooParnters ("Partners"), are the sellers and deliverers of the Fooddoo Offerings and are solely responsible to you for the care, quality, and delivery of the goods and services provided.

In addition, the App also provides a platform to participate in other available programs. Certain Offerings, Products, other available programs and pricing on the App may change at any time in Fooddoo’s sole discretion, without notice.

2. OWNERSHIP OF RIGHTS

All rights, including copyright and other intellectual property rights, in and to this App are owned by or licensed to Fooddoo.

Your use of the App and its contents grants no rights to you in relation to our intellectual property rights, or that of third parties, in the App or its contents. By submitting information (other than your personal data), text, photos, graphics or other content to the App you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the App.

You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the App.

3. USE OF THE APP

As a condition of your use of the App, you agree that:

  • You have reached the age of majority in the State or Territory in which you reside;
  • You are able to create a binding legal obligation;
  • You are not barred from receiving products or services under applicable law;
  • You will not attempt to use the App with crawlers, robots, data mining or extraction tools or any other functionality;
  • Your use of the App will at all times comply with these Terms of Use;
  • You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
  • You will only make purchases on the App for your own use and enjoyment or, as a gift for another person;
  • You have the right to provide any and all information you submit to the App, and all such information is accurate, true, current and complete;
  • You will update and correct information you have submitted to the App, and ensure that it is accurate at all times (out-of-date information will invalidate your account); and,
  • You will only purchase a Offering, Product or participate in other available programs through the App by creating an account on the App, and any purchase or use of speacial programs will be subject to the applicable Terms of Sale set forth in these Terms of Use.

4. YOUR USE OF THIS APP

You may only use this App for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the services. You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the materials on the App. You may not use the content of the App for any commercial purposes whatsoever. Fooddoo retains the right, at our sole discretion, to deny service or use of the App or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the App and your account accessible, the App and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, App access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.

5. CONTENT MANAGEMENT

We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the App or our services we will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice; provided that these changes will not apply to Offerings or Products purchased prior to the effective date of such changes. If you do not agree to the changes, you may close your account and you should not use the App or any services offered through the App after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes, and that your continued use of the App or our services will constitute acceptance of these changes and the Terms of Use as modified.

6. YOUR ACCOUNT

You may only create and hold one account on the App for your personal use. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to save, edit or delete your personal information. You understand and agree that Fooddoo shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the App or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account. Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including, without limitation, failure to maintain updated and correct information about your account will cause your account to fall out of good standing and we may cancel your account in our sole discretion. If your account is cancelled, you may forfeit any pending, current or future account credits (e.g., Fooddoo Rewards), and any other forms of unredeemed value in your account. Upon termination, the provisions of these Terms of Use that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the App, including, without limitation, requirements for use.

7. YOUR CONDUCT

All interactions on the App must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the App, we may limit or terminate your privileges on the App and seek other remedies, including, without limitation, cancellation of your account or forfeiture of any forms of unredeemed value in your account.

The following activities are prohibited on the App and constitute violations of these Terms of Use:

Submitting any content to the App that:

  • Violates applicable laws (including, without limitation, but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation);
  • Contains personal information, except when we expressly ask you to provide such information;
  • Contains viruses or malware;
  • Offers unauthorized downloads of any copyrighted, confidential or private information;
  • Has the effect of impersonating others;
  • Contains messages by non-spokesperson employees of Fooddoo purporting to speak on behalf of Fooddoo or provides confidential information concerning Fooddoo;
  • Contains chain letters of any kind;
  • Is purposely inaccurate, commits fraud or falsifies information in connection with your Fooddoo account or to create multiple Fooddoo accounts; or
  • Is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.

Attempting to do or actually doing any of the following:

  • Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
  • Scanning or monitoring the App for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data;
  • Scanning or testing the security or configuration of the App or breaching security or authentication measures; or
  • Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the App or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the App.

Using any of the following:

  • Frames, framing techniques or framing technology to enclose any content included on the App without our express written permission;
  • Any App content, including without limitation User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
  • The App or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with Fooddoo; or
  • The App or any of its resources to solicit consumers, Merchants or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Fooddoo, including, without limitation, aggregating current or previously offered deals.

Collecting any of the following:

  • Content from the App, including, without limitation, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the App without our express written permission; or
  • Content from the App, including, without limitation, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the App without our express written permission; or
  • Personal Information, User Content or content of any consumers or Merchants.
  • The App or any of its resources to solicit consumers, Merchants or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Fooddoo, including, without limitation, aggregating current or previously offered deals.

Engaging in any of the following:

  • Tampering or interfering with the proper functioning of any part, page or area of the App or any functions or services provided by Fooddoo;
  • Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
  • Reselling or repurposing your access to the App or any purchases made through the App;
  • Exceeding or attempting to exceed quantity limits when purchasing Merchant Offerings or Products, or otherwise using any Fooddoo account to purchase Merchant Offerings or Products for resale or for speculative, false, fraudulent or any other purpose not expressly permitted by these Terms of Use and the terms of a specific offer on the App;
  • Accessing, monitoring or copying any content from the App using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;
  • Violating the restrictions in any robot exclusion headers on the App or bypassing or circumventing other measures employed to prevent or limit access to the App;
  • Aggregating any current or previously-offered deals or content or other information from the App (whether using links or other technical means or physical records associated with purchases made through the App) with material from other Apps or on a secondary App without our express written permission;
  • Deep-linking to any portion of the App (including, without limitation, the purchase path for any Voucher) without our express written permission;
  • Hyperlinking to the App from any other website without our initial and ongoing consent; or
  • Acting illegally or maliciously against the business interests or reputation of Fooddoo, our Merchants or our services.

8. YOUR PRIVACY

We take the privacy of your personal data seriously. We encourage you to carefully review our Privacy Statement for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Statement is incorporated in these Terms of Use, and available here.

9. GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale ("General Terms and Conditions of Sale") apply to any order you place through Fooddoo mobile application (the "App"). These General Terms and Conditions of Sale apply regardless of how you access the App, including via any technologies or devices by which Fooddoo makes the App available to You at home, work or on the move. You must read these General Terms and Conditions of Sale carefully. By placing an order through the App, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the App.

Account Opening & Placing Order:

To place an order, you can open an account with us which will require you to provide some compulsory personal information.

Please see our Privacy Policy for more information on how your personal information will be used. You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your details at any time by going to Your Account.

When you create an account we may provide you with and/or ask you to use passwords or other means to allow you to access certain areas of the App and/or to maintain your account security. It is your responsibility to maintain the confidentiality of your password and account information. Fooddoo shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. Should you become aware of or suspect any unauthorised use of your password or account, please contact us.

Acceptance of Order:

Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. Our acceptance of your order will take place only when we despatch the product(s) or commencement of the services that you ordered from us. Prior to despatch of the product(s), Fooddoo has the right to decline an order for any reason, including legal and regulatory reasons. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. If due to any unforeseen circumstances, including but not limited to product declines by our Q&A team, we cannot supply you with the product or service you ordered, we will not process your order, inform you of this at our earliest convenience (through email or text message). Please refer to our refund policy for payment refund related terms.

Payments:

During the checkout process, you will be asked to enter your payment details. By completing your payment details you confirm that the credit or debit card being used is yours. All fields indicated as compulsory must be completed. All card payments are subject to authorisation by your card issuer. We take payment immediately for most products save for Food to Order, where in most circumstances, we take payment at the earliest order deadline for the products you have ordered. Shipment/Delivery Policy

  • Delivery times quoted at the time of ordering are approximate only and may vary. Packages will be delivered to the address designated by you at the time of ordering.
  • All orders are delivered by a reputable delivery agency partnering with Fooddoo. We, our catering partners and the partnering delivery agency will make every effort to deliver within the time stated, however, we or our caterers or partnering delivery agency will not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late deliveries. If the Goods are not delivered within the estimated delivery time quoted by us, please contact Fooddoo customer care support with your order details. You may contact us by telephone or email or chat or social media (Facebook/google+/twitter/Whatsapp) and we will try to ensure that you receive your order as quickly as possible.
  • In case of a late delivery, the delivery charges (if any) will neither be voided nor refunded by Fooddoo.
  • All risk in the packages and the Food Delivery shall pass to you upon delivery.
  • If you fail to accept the Food Delivery and/or packages at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you.
  • You must ensure that at the time of delivery of Food Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
  • Partnering delivery caterers and agencies, who will prepare and deliver your order respectively, aim
    1. to deliver the product to you at the place of delivery requested by you in your order;
    2. to deliver within the time confirmed by Fooddoo;
    3. to inform you if they expect that they are unable to meet the estimated delivery time.
  • Please note that it might not be possible for our partnering delivery agency to deliver to some locations. If this is the case, our partnering delivery agency or we will inform you using the contact details that you provide to us when you make your order and arrange for delivery to an alternative delivery address.
  • All your orders will go through stringent quality check processes (refer to our 7 step quality management promise). So any food packages declined in our quality check process en route to you will be refunded accordingly and you will be informed of the change in your order status. (please check our Cancellation and refund policy for more details). If Fooddoo can only do a partial delivery (a few items might be not available due to quality approval process), we will inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund.

- Cancellation/Refund policy:

  • You must notify Fooddoo (via contact support center chat or telephone call) immediately within 15 minutes if you decide to cancel your order, and quote your order number.
  • We may cancel a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
  • In the unlikely event that Fooddoo delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If Fooddoo can only do a partial delivery (a few items might be not available), we will inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund.
  • Any refund will only be in the form of 'Pickles Rewards'. Refund amount will be added to your rewards loyalty account and will be usable for any future orders with Fooddoo app.

10. Special Programs

By participating in special programs offered by Fooddoo, such as Pickles Rewards, Fooddoo Refer-a-Friend, Coupons, Special Offers or Other Promotions, you agree to these Terms of Use and the additional terms of each program.

11. Copyright and Trademarks

The App contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the entire contents of the App are protected by copyright, trademark, and other intellectual property laws of the United States. Fooddoo owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of Fooddoo or the copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

Fooddoo owns trademarks, registered and unregistered, in many countries and "Fooddoo," the Fooddoo logos and variations thereof found on the App are trademarks owned by Fooddoo. or its related entities and all use of these marks inures to the benefit of Fooddoo. “Fooddoo” is a trademark registered in INDIA. Other marks on the App not owned by Fooddoo may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Fooddoo unless otherwise stated, or may be the property of their respective owners. You may not use Fooddoo's name, logos, trademarks or brands, or trademarks or brands of others on the App without Fooddoo's express permission.

12. Electronic & Tele Communications

We will communicate with you by email or by sending text messages for any notifications from Fooddoo. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the App.

13. Websites of Others

The App contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such App/Websites. We expressly disclaim any representations regarding the content or accuracy of materials on such App/Websites or the privacy practices of those Apps/Websites. If you decide to access App/Websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products or services available on or through any such linked App or resource

14. Indemnification/Release

You agree to defend, indemnify and hold harmless Fooddoo, its subsidiaries and affiliates and their respective directors, officers, employees, caterers and agents from and against all claims and expenses, including, without limitation.

You are solely responsible for your interactions with Partners and other users of the App. To the extent permitted under applicable laws, you hereby release Fooddoofrom any and all claims or liability related to any product or service of a Fooddoo Partner.

15. Force Majeure

Fooddoo shall be excused from performance under these Terms of Use, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Fooddoo.

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