Foodee reserves the right to change any information, material or content (including, but not limited to, features, restaurants, menus, Meals, and prices) contained on or provided through the Foodee Platform (the “Content“) at any time, and from time to time, without notice.
- Use of the Foodee Platform
The Foodee Platform is provided solely to: (i) enable you to view, access and browse restaurant Meals menus available to you through the Foodee Platform; (ii) enable you to place orders and pay for Meals (each an “Order”); (iii) enable you to view and access upcoming and past Orders; and (iv) enable you to view, access and maintain your user account (collectively, (i) through (iv) are the “Permitted Use”).
- License Grants
- User Account
- Making Orders, Amending Orders, Cancellations and Refunds
Once you have created your Foodee Customer Account, and once you have made your Meals selection, you may checkout the items in your cart by clicking the “Checkout” button. At this time you will have the opportunity to review your cart items. After reviewing your cart items, you will be asked to provide additional delivery details and payment information. Once this additional information has been provided, you may click the “Submit Order” button to submit your Order. You may edit your cart items at any time prior to submitting your Order. Once submitted your Order will be sent to the restaurant and your payment, as applicable, will be processed. You cannot edit your Order once you have clicked on the “Submit Order” button.
Once you have created your Foodee Customer Account, and upon request, a Foodee staff member may provide you with Meals selections (each a “Quote”). At this time an email will be sent to you to review and confirm the Order (the “Confirmation Email”). You may click the the “Accept” button in the Confirmation Email to submit your Order. Once submitted your Order will be sent to the restaurant and your payment, as applicable, will be processed. You cannot edit a Quote, you may click the “Reject” button in the Confirmation Email to refuse a Quote.
If you wish to amend or cancel your Order you must contact with Foodee via email at email@example.com or by phone at 1.844-8FOODEE. Foodee will use reasonable efforts to make the changes you request but does not guarantee that amendments or refunds will be effected unless Foodee is notified of the change or cancellation of your Order at least 24 hours in advance of the Order’s delivery date and time for orders under 25 people, and at least 48 hours in advance of the Order’s delivery date and time for orders 25 people or over.
It is possible that Foodee or the restaurant will be unable to complete your Order as submitted, in such a case Foodee will use reasonable efforts to communicate that circumstance to you as quickly as possible. Your payment will be refunded in the event that the Order is rejected by the restaurant or cancelled by Foodee.
YOU AGREE THAT FOODEE OR THE RESTAURANT WILL HAVE NO LIABILITY TO YOU FOR ORDERS THAT HAVE BEEN REJECTED BY THE RESTAURANT OR CANCELLED BY FOODEE.
- Price and Payment
Restaurant Meals menu prices listed on the Foodee Platform in Canadian zones are in Canadian dollars and do not include applicable tax and delivery charges. Restaurant Meals menu prices listed on the Foodee Platform in American zones are in American dollars and do not include applicable tax and delivery charges. Taxes and delivery charges will be added at checkout and paid by you along with the Order price.
Payment for Orders must be made with an accepted credit card through the Foodee Platform. The Foodee Platform uses a Payment Processing Services Provider (details set out in section 16 below) to affect charges onto your credit card. You acknowledge and agree that there may be delays with processing your payments and transactions and that it can take up to 60 days for payment to be processed.
Should the restaurant Meals menu display an incorrect price for your Order, Foodee will use reasonable efforts to communicate that circumstance to you as quickly as possible. Foodee or the restaurant is under no obligation to fulfill your Order at the incorrect price. You acknowledge and agree that prices at the restaurant Meals menu in the Foodee Platform may be different than in the restaurant’s physical location and that any such differences will not entitle you to a refund or a reduction in the price of your Order.
- Customer Care
If you have any problems, questions or suggestions with respect to the Foodee Platform or your Order, please contact Foodee’s customer care team via email at firstname.lastname@example.org or by phone at 1.844-8FOODEE.
The restaurants available on the Foodee Platform operate independently are solely responsible for preparing and packaging all products ordered through the Foodee Platform. Each Restaurant is solely liable for the quality and freshness of its products, and Foodee does not verify the credentials, representations, products or prices offered by the Restaurants. Foodee is not responsible for the restaurants’ food preparation or safety and does not verify any restaurant’s compliance with applicable laws.
YOU AGREE THAT FOODEE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONTRACTUAL BREACHES OR NEGLIGENCE OF ANY RESTAURANTS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR THE SERVICES AND THE PRODUCTS OFFERED BY THE RESTAURANTS.
- Term and Termination
All Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Foodee Platform, are owned or licensed by Foodee and are protected by copyright, trade-mark and other intellectual property laws.
All contents of the Foodee website are: © 2016 Foodee Media Inc.
You acknowledge that restaurants may have additional privacy policies or statements which govern their practices in collecting, storing, using and disclosing your Personal Information and you will read such additional privacy policies or statements carefully. You hereby represent and warrant to Foodee that you have familiarized yourself and agree with those privacy policies or statements imposed by any restaurant with whom you elect to deal through the Foodee Platform.
- No Unlawful or Prohibited Use
You will not, without Foodee’s prior written permission, use the Foodee Platform and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (a) “frame”, “mirror” or otherwise incorporate the Foodee Platform or the Content or any part thereof on any commercial or non-commercial website; (b) access, monitor or copy any part of the Foodee Platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without Foodee’s express written permission; (c) violate the restrictions in any robot exclusion headers on the Content or the Foodee Platform or bypass or circumvent other measures employed to prevent or limit access to the Foodee Platform; (d) take any action that imposes, or may impose, in Foodee’s discretion, an unreasonable or disproportionately large load on the Foodee Platform; (e) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Foodee Platform or the Content; (f) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Foodee Platform or any restaurant menu, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Foodee Platform; (g) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Foodee Platform; (h) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Foodee Platform or the Content; (i) create derivative works based on the Foodee Platform or the Content, in whole or in part, or decompile, disassemble, reverse engineer or otherwise exploit any part of the Foodee Platform or the Content; (j) use the Foodee Platform in a manner that violates the rights (including, but not limited to intellectual property rights) of any third party; or (k) upload to or transmit through the Foodee Platform any information, images, text, data, media or other content that is offensive, hateful, obscene, defamatory or violates any laws, in each case as determined by Foodee in its sole discretion.
- Third Party Websites
The Foodee Platform may provide links to third party websites. Foodee does not endorse the information contained on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under Foodee’s control, and if you choose to access any such website, you do so entirely at your own risk.
The downloading and viewing of Content is done at your own risk. Foodee cannot and does not guarantee or warrant that the Foodee Platform or the Content are compatible with your computer system or that the Foodee Platform or the Content, or any links from the Foodee Platform or the Content, will be free of viruses, worms, malware, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Foodee Platform.
- Communications Not Confidential
Foodee does not guarantee the confidentiality of any communications made by you through the Foodee Platform. Although Foodee generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Foodee Platform, you understand, agree and acknowledge that Foodee cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Foodee Platform.
- Payment Processing Services
Payment processing services for the Foodee Platform are provided by Stripe Payments Canada Ltd. (in Canadian zones) and Stripe Payments (in American zones) or other payment services providers as Foodee may choose from time to time (collectively referred to herein as the “Payment Processing Services Provider”). You hereby authorize Foodee to share with the Payment Processing Services Provider that financial information, banking details and transaction information related to your use of the payment processing services and the Foodee Platform. You also agree that Foodee is not responsible for the use or misuse of such financial information, banking details and transaction information by the Payment Processing Services Provider or any third party.
- DISCLAIMER AND EXCLUSION OF LIABILITY
USE OF THE FOODEE PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. THE FOODEE PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FOODEE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE FOODEE PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE FOODEE PLATFORM OR THE CONTENT, OR THAT THE FOODEE PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE FOODEE PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITATION, PRICING ERRORS. FOODEE DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE FOODEE PLATFORM OR THE CONTENT. IN ADDITION, FOODEE EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE FOODEE PLATFORM AND THE CONTENT.
RESTAURANTS MARKETING THEIR PRODUCTS AND SERVICES THROUGH THE FOODEE PLATFORM ARE INDEPENDENT PERSONS OR ORGANIZATIONS AND NOT CONTRACTORS, AGENTS OR EMPLOYEES OF FOODEE. FOODEE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONTRACTUAL BREACHES OR NEGLIGENCE OF ANY RESTAURANTS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR THE SERVICES AND THE PRODUCTS OFFERED BY THE RESTAURANTS.
- Limitation of Liability
TYPE. IN NO EVENT WILL FOODEE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT FOODEE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE FOODEE PLATFORM OR THE CONTENT.
THE LIMITATION ABOVE REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You will defend, indemnify and hold harmless Foodee and all of its officers, directors, employees, agents, successors, and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:
your violation of any law or the rights of a third party (including, without limitation, intellectual property rights);
your use of the Foodee Platform;
breach of or failure to perform in respect of any Orders made by you or by any third party acting on your behalf or with your permission; or
any products or services provided to you (or a third party acting on your behalf) by a restaurant.
- Geographic Application of the Foodee Platform
Not all of the Foodee Platform services are available in all jurisdictions. Furthermore, nothing on the Foodee Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.
- Force Majeure
- Governing Law and Jurisdiction
Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia, Canada in all disputes arising out of or relating to the use of the Foodee Platform or the Content.
- Entire Agreement, Waiver and Severability