Last Updated: June 2024

Please read these terms and conditions carefully before using the website because they affect your legal rights and obligations. Your access to, use of and browsing of the website and its contents are subject to these terms, to all applicable laws and regulations as well as to any relevant provisions of an applicable contract between us and our client/supplier from whom you have gained access (“Client Contract”).

Purpose

These terms and conditions of use (the “Terms“) will govern the terms and conditions under which We make available to You this Website and the conditions under which You will access and use the Website.

• The Website is published and operated by Foodee Media Inc and Foodee Media USA Inc (collectively “Foodee”).
• The Terms may be amended, supplemented or updated at any time, in particular to comply with any legal, regulatory, case law or technical developments that may arise.
• The content of the Website and its features can be amended, deleted or updated at any time. We reserve the right to close the Website down at any time.
• You acknowledge and understand that Your use of the Website is subject to these Terms.

Definitions

• “Confidential Information“ means all and any commercial, financial, marketing, technical or other information, data (including personal data), know-how, trade secrets, in any form or medium (text, sound, software, image or video files and all derivatives of such data), belonging to or obtained under or in connection with Us, the Website or its use together with any copies, summaries of, or extracts from, such information in any form or medium or any part(s) of this information and which is designated as confidential or which is would be considered as confidential by a person acting reasonably.
• “Content” means any data, text, links, photographs, images, video, audio content, all compilations of information, any software programs, tools, applications and/or code, the selection and arrangement of the aforementioned and the “look and feel” of the Website, excluding User Content.
• “Order” means the order from a client concerning one or more Products and/or Services placed through the App.
• “Service(s)” means any service available through the Website, as described under section “Services”.
• “Site(s)” means the physical place(s) in which You will benefit from the Services, as described on the Website and selected by You.
• “Us”; “We”, or “Our” means Foodee and its subsidiaries or supplier, insofar as it is concerned and Sodexo.
• “User Content” means any content including without limitation any textual content, data, graphics, comment, image or video that You uploaded to the Website.
• “Website” means either (1) the website where these Terms appears at the footer or (2) the application where this policy is linked.
• “You” or “Your” means any Website user.

Services

• The Website enables You, depending on Your Site(s) and any applicable Client Contract, to:
  • Create, activate or modify a specific account.
  • Access information linked to services available on our Site (menus, events, supplier location etc.).
  • Tailor the information You will have access to.
  • Order and pay online food from menus and access to the orders history.
  • Share instant feedback linked with Your experience of the Site and the Services.
  • Answer surveys based on used Services.
  • Access reports and dashboards in order to follow and monitor activities and performance of services executed by Us (Depending on Your rights).

User Obligations

• In using the Website, You:
  • have sole responsibility for the legality, reliability, integrity, accuracy and quality of the information, materials, content and data You provide;
  • agree to comply with all the provisions of the Terms at all times during Your use of the Website;
  • agree to be responsible for (and that We have no responsibility to You or to any third party for) any breach of Your obligations under the Terms and for the consequences of any such breach; and
  • shall maintain and procure the maintenance of the Confidential Information confidential and keep and procure the keeping of it securely and protected against theft, damage, loss or unauthorized access.
• In using the Website, You shall not:
  • violate or infringe any applicable local, state, national or international law;
  • collect, harvest, store, use or publish any third party’s personal data on the Website;
  • restrict, inhibit the use and enjoyment of the Website by any other user or third party;
  • misrepresent Your identity or affiliation with any other person or organization;
  • upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, infringing third party’s rights, vulgar, obscene, libelous, invasive of another’s privacy, confidential, hateful, or racially or ethnically objectionable;
  • impersonate any person or entity, falsely claim an affiliation with any person or entity;
  • make available any unsolicited or unauthorized advertising, promotion or any other form of solicitation, or use the Website for other than for its purpose;
  • interfere or attempt to interfere with service to any Website user;
  • alter or modify any part of the Website;
  • attempt to probe, scan or test the vulnerability of Website or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the servers or networks connected to the Website;
  • introduce any viruses (including any variant or similar malicious code of instructions), Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the Website or any user’s computer or property of another;
  • copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any part(s) of the Website or its related data (except User Content), software or applications, including but not limited to any Content (except User Content), in any medium without Our prior written authorization; and/or
  • disassemble, de-compile, reverse engineer, or otherwise attempt to discover or gain access to the source code of any part of the Website or component, processes thereof. You also agree not to insert any code or product to manipulate the Website in any way that affects other users’ experience.

Registration

• To access and use the Website, You must abide by all applicable statutes and regulations in Your relevant jurisdiction.
• Your account can be, depending on the Client Contract and Your Site(s):
  • created by the company running the Site(s). To connect to this account, You must follow the instructions that will be mentioned on the Website and, if required:
    • Provide the username that will be communicated and a password You will create when You first connect; or
    • Provide Your professional username and password.
  • created by You directly. To register and connect to this account, You must follow the instructions on the Website and, if required:
    • provide the appropriate code on the Website(s); and/or
    • Complete registration manually using Your company username and a password You will define.
• If You connect to the Website via Your professional username and password, they must remain valid to enable the connection and You must update them if they are no longer valid. All personal information communicated to Us must always be promptly updated as soon as it stops being true, complete, accurate, or current.
• Your password is strictly confidential, and You shall not communicate it to any third-party individual or website. You should immediately contact Us if You believe that Your password is compromised, especially in a way that Your account might be used by an unauthorized third party. You shall be liable for all actions taken using Your password and for any loss or liability consequential to such use.

Ordering

• Before You can place an Order on the Website, You are required to create a user account or to connect to Your existing account.
• All the steps You must follow to place an Order are explained in the Website. You must select the product(s) and/or service(s) You would like to purchase, check Your shopping cart and then agree to complete Your Order.
• After payment, We will send You an email confirming that the Order was placed, using the email address associated with Your account. If You do not receive this email, please contact Us as soon as possible by following the procedures mentioned under the “Contact Us” section below.
• If Your Order is eligible to ‘click & collect’, the relevant information regarding the collection point (e.g. opening hours, address etc.) will be stated on Your Order receipt. You or anyone authorised to pick up the Order for You must show the Order receipt before collecting the Order.

Evidence

You agree that emails and automatic recording systems used on the App may be considered as valid evidence in case of any claim or litigation, especially with regard to the content of the Order and its date.

Intellectual Property

• The Website, including the Content, is protected by intellectual property laws, including but not limited to copyright, trademark, patent, model and design, and proprietary rights.
• You acknowledge and agree that We own all intellectual property rights on the Website and the Content, unless expressly stated otherwise in the Content.
• All of the content available on the Website, notably photographs, written text, slogans, drawings, images, and animated sequences (with or without audio), as well as any and all intellectual creations integrated into the Website are owned by Foodee or third parties which have authorized Foodee to use them.
• You are granted a personal, revocable, non-exclusive, non-transferable license to access and use the Website, conditional upon Your continued compliance with the Terms, as amended from time to time.
• In using or accessing the Website, You acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained on the Website. As such You shall not make use of any of the Content for any other purpose than non-commercial and personal use of the Content.
• Unauthorized use of the Website and the Content and materials contained on or available through the Website may violate applicable intellectual property laws or other laws. Any reproduction, representation, use, adaptation or modification – by any process or media – of all or part of the Website without the prior written permission of Foodee is strictly prohibited and would constitute an offence of copyright infringement.
• Any rights not expressly granted herein are reserved to Us or Our licensors, as applicable. Nothing in the Terms grant You any rights to, or in, Content, patents, copyrights, designs, reports, analysis, concepts, confidential information and findings, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), computer programs, or source code and all documentation, including all moral rights, or any other or other proprietary material, rights or licenses in respect of Website or any related software and documentation. You will not alter, modify, erase, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels contained within the Website and its related application or software.
• We respect the intellectual property rights of others, and we ask that you do the same. Please see our Copyright Policy.
• Our name, brand and distinctive signs presented on the Website are protected under trademark law. Any reproduction, representation, use, adaptation or modification of any of the above-mentioned brands and trademarks without the prior written permission of Foodee is strictly prohibited and would constitute an offense of trademark infringement.

Permitted User

• The Website is directed for use by both adults and minors. If You are under 18, you may use the Website only with parent or guardian permission.

Mobile Data

• In order to use or access the Website You must have a compatible mobile device.  We do not warrant that the Website will be compatible with Your mobile device. You may incur additional charges from Your wireless provider for using the Website. You agree that You are solely responsible for any such charges.

• The Website may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Website.

User Content

• You hereby represent and warrant that in respect of any User Content:
  • You have the right to publish such User Content (whether by virtue of ownership of the intellectual property rights in such User Content or as a result of the grant of a license to use and publish such User Content); and
  • the User Content is accurate and true, and the publication of such User Content on the Website is not likely to bring Our reputation into disrepute or to infringe any third-party rights.
• Such User Content:
  • is not illegal in Your relevant country and according to the applicable law in any jurisdiction in which such User Content might reasonably be expected to be viewed and does not promote any illegal activity;
  • does not promote racism, hatred or physical harm of any kind, is not prejudicial to the honor or reputation of others, does not incite discrimination, hate of any person or any group of persons because of their origin, sexual orientation, presumed membership or non-membership of a particular ethnic group, people, race or religion;
  • does not contain libelous or otherwise untrue statements about any person (whether living or dead) and does not harass or advocate the harassment of any person;
  • is not likely to cause offence to any viewer of such User Content; and/or
  • is true and not misleading in all material respects (including without limitation to any information and images relating to Your personal statistics, occupation, location).
• You represent that Your User Content (whether or not You are the creator of said User Content) complies at all times (both when first submitted and throughout its accessibility on the Website) with these Terms and all applicable laws.
• You shall be and remain fully responsible for the User Content transmitted or uploaded to the Website.
• You acknowledge that We do not exercise any control over (other than merely technical if necessary) and do not pre-screen the User Content and will not assume any liability for said User Content.
• We shall be entitled, at Our sole discretion, to suspend or definitively remove any User Content without notice and without providing any reason.
• Further, You acknowledge and agree that We may be required to provide information about the origin of any unlawful Content published and/or the occurrence of any unlawful activity occurring on the Website to any police or judicial authority in any country in which such User Content has been viewed and is illegal and You hereby irrevocably authorize Us to provide such information to such persons (on request or in our discretion) with reasonable notice.

Third Party Information

• Links to other web sites operated by other entities are included as a convenience to you. Foodee makes no representation regarding the content or accuracy of any other web site, which you may access through this one. Foodee is not responsible for the content found on other web sites, which is linked from this page. The existence of these links on Foodee’s website does not imply endorsement, recommendation or sponsorship for any linked web site or the services, products or advice described on the site. The views, opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or distributor(s) and not Foodee.

Forward Looking Statements

• Statements made on or contained in this Website or in documents referred to, are, or may be, forward looking statements.
• Such statements reflect Our views as of the date made with respect to future events and are subject to risks and uncertainties.
• Actual results may differ from those expressed in such statements, depending on a variety of factors including future levels of industry demand and pricing; political stability and economic growth; development and use of innovative technology; actions of competitors; and natural disasters, wars and acts of terrorism.
• Additional information, including information on factors that could cause actual results to differ materially from those in the forward-looking statements are contained in Our latest published Annual Report and Accounts and other documents released by Us from time to time. We disclaim any intention or obligation to update forward looking statements.

Products & Services

• The products and services available on the Website will vary depending on Your Site(s) and on the day You connect to the Website.
• The Products are offered up to the limit of the availability mentioned on the Website.

Payment Terms

• Payment processing services through the Website are provided by payment services providers as We may choose from time to time (collectively referred to as the “Payment Processing Services Provider”). Payment Processing Services Providers are independent persons or organizations and not subcontractors, agents, or employees of Us. You hereby authorize Us 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 Services. You also agree that We 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. 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.
• If You believe Foodee has charged or invoiced You incorrectly, You must contact Us no later than 15 days after having been charged by Us or receiving such invoice in which the error or problem appeared in order to request an adjustment or credit.
• Certain features of the Website, including, without limitation, the placing or receipt of orders, may require You to make payments. When paid by You, these payments are final and non-refundable, unless otherwise determined by US. We, in our sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged.
• We will charge, and you authorize Us to charge, the payment method you specify at the time of purchase. If you pay any amounts with a credit card, We may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase.
• If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Programs and Promotions

• There may be times when We offer features, special programs, offers, sweepstakes, contests, raffles, surveys or other similar promotions (collectively, “Promotions”) that have their own terms and conditions that apply in addition to these Terms (“Additional Terms”). In those cases, unless otherwise stated in the Additional Terms, the Additional Terms specific to the Promotion will govern and control if and to the extent there is a conflict with these Terms.

Limitation of Liability

• Except as expressly and specifically provided in these Terms and to the fullest extent permitted by applicable law:
  • You assume responsibility and risk for Your use of the Website that is in breach of these Terms, and for conclusions drawn from such use, and for Your User Content. The Website is provided on an “As Is” and “As Available” basis. We shall have no liability for any damage caused by errors or omissions in any information, User Content, instructions or scripts provided by You, or any actions taken by Us at Your direction provided that We will not implement any action that is in breach of applicable laws or contrary to the Terms and/or to the Client Contract. We shall not be liable whether in tort (including for breach of statutory duty), contract, misrepresentation (whether innocent or negligent), restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses, or pure economic loss, or for any special, indirect or consequential loss costs, or for any losses or damages whatsoever, charges or expenses however arising under these Terms.
  • We are not bound by the service request(s) made through the Website that are in breach of these Terms, the Client Contract or applicable law; and/or are not included in the scope of services provided by Us under the Client Contract.
  • We make every effort to ensure that the Website is free from viruses or defects. However, we cannot guarantee that your use of this Website, or any websites accessible through it, will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Website and screen out anything that may damage it. Foodee shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using the Website.
• You hereby acknowledge that there will be occasions when the Website will be interrupted for scheduled maintenance or upgrades or for emergency repairs. We will not be liable to You for any interruption or discontinuation of the Website and/or of the internet, or in case of loss of any content.
• While We have endeavored to create a secure and reliable Website, You acknowledge that confidentiality of any communication or material transmitted to/from the Website over the Internet cannot be guaranteed and may be out of Our control.
• The Website may contain links to mobile applications and/or websites operated by third-parties. Such Websites/sites are not under Our control, and We are not responsible for and do not endorse, recommend or sponsor their content, privacy policies if any, and/or the product(s), service(s), advice(s) they provide access to.
• Except where prohibited by law, Our liability is limited to the purchase price of the Your Order that gave rise to Your claim.

Indemnification

• We shall not be liable for any loss, liability, claim, demand, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to:
  • Your use of the Website or activities in connection with the Website in breach of these Terms, the Client Contract or applicable law;
  • Your breach of these Terms;
  • Your violation of any applicable laws, or Our rights or any third party’s rights; and/or
  • Information or material transmitted through Your computer that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person.

Termination

• We reserve the right to deny You and/or any user access to the Website, the Content or any portion thereof, and to terminate Your account and/or these Terms if relevant.
• Such termination will occur without prejudice to any damages that may be claimed by Us to You or Your assigns and legal representatives in reparation for the injuries suffered by Us because of Your failure(s) to comply with the Terms.
• On termination for any reason:
  • All rights granted to You under these Terms shall cease;
  • You must immediately cease all activities authorized by these Terms, including Your use of the Website; and
  • You must immediately delete or remove the Website from all Your devices.

Applicable Law

• These Terms shall be governed and construed in accordance with the laws of the State of Maryland in the USA or Vancouver if in Canada, without regard to conflict-of-law’s provisions. We make no representation that the information on the Website is appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms constitute the entire agreement between Us and You with respect to the Website. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Miscellaneous

• We reserve the right to amend the Terms under which the Website is made available to You, upon prior notice, which may be given by Us posting such amendments on the Website, by e-mail, or any other method as determined in Our discretion. Your continued use of Website following notice of such amendments will be conclusively deemed an acceptance of any changes to such amended terms and conditions.
• Failure to comply with strict performance of any of these Terms by Us will not operate as a waiver of any subsequent default or failure of performance.
• If any provision of these Terms is held unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the original intent, and the remainder of these Terms shall continue in full force and effect.
• We may transfer our rights and obligations under these Terms to another organization, but this will not affect Your rights or our obligations under these Terms. You may not, however, transfer Your rights or obligations under these Terms to anyone.

Contact Information

• If you have any questions about these Terms, please contact us at privacy@food.ee