Terms & Conditions
Introduction
Please
read these Terms of Use carefully before using our websites and mobile applications.
These terms of use including all other terms, policies, notices and
guidelines. The terms (“Terms”) regulates your use of the websites and mobile
applications provided by “Foodesoft”, ‘’Company’’, ‘’we” or “us”) or generally
the “Platform”). The "Services" we provide or make available include
(a) the Platform, and (b) the services provided by the Platform and/or by Foodesoft and made available through the Platform. Any new changes added to the
Services are also subject to these Terms. Every time you use our platform
and its services or make a purchase, you accept the terms of use below.
What we do
Foodesoft connects you with Vendors (‘’Vendors’’) as a service so that you can order a
variety of goods such as catering, beverages, prepared and non-prepared food,
beverages and a variety of non-food items generally referred as goods
(‘’Goods’’) to be delivered to you. Foodesoft acts on behalf of the vendor to
accommodate the ordering process, process the order and either us or the vendor
to deliver the order.
Privacy Policy
Before
you continue using our websites and mobile applications, we advise you to read
our Privacy Policy regarding
our user data collection by following this link http://demo.foodesoft.com/customer/privacy-policy. It will
help you better understand our practices and how we use your personal
information.
Ratings, Reviews and E-mails
Visitors
may post content if it is not obscene, illegal, defamatory, threatening,
infringing of intellectual property rights, invasive of privacy or injurious in
any other way to third parties. Content must be free of software viruses,
political campaign, and commercial solicitation.
We
reserve all rights (but not the obligation) to remove and/or edit such content.
When you post your content, you grant Foodesoft non-exclusive, royalty-free and
irrevocable right to use, reproduce, publish, and modify such content
throughout the world in any media.
License and Site access
We
grant you a limited license to access and make personal use of our website and
mobile applications. We reserve all rights to terminate accounts, edit or
remove content and cancel orders in our sole discretion.
User Account
If
you are a member of an account in our Platform, you are solely responsible for
maintaining the confidentiality of your private user details (username and
password). You are responsible for all activities that occur under your account
or password.
We
reserve all rights to terminate accounts, edit or remove content and cancel
orders in our sole discretion.
Order cancellation
Foodesoft and Vendors reserve the right to cancel any order that is
deemed to have inaccurate information. You reserve the right to cancel the
order by contacting us not later than three (3) minutes after the order has
been placed.
Product Delivery
We will
deliver the order to the delivery location you have provided. You acknowledge
that by entering an incorrect delivery location on the Platform may lead to an
unsuccessful delivery. After placing the order, the estimated delivery time
shown will depend on various factors that might be out of our control and may delay
the delivery process. You acknowledge that the given delivery time on the
Platform is based on approximates and your order may be delivered earlier or
later from the indicated period in the platform.
Vendor Delivery
In
some cases when the vendor delivery applies, the Vendor is responsible in
delivering your order. Foodesoft may advise you to contact the vendor when
issues or delays are encountered. You acknowledge that Foodesoft will not be
accountable in any form for deliveries done by the vendor.
Order Pick-up
We
may provide the option in the Platform for you to pick-up the order by your
self from the vendor location. After you have placed the order, the vendor may
hold the order for not more than (25) minutes. You acknowledge that by placing
any order through pick-up option, you take full responsibility of your order,
and you may be required to contact the vendor directly for further follow-ups. Foodesoft will not be held accountable in any form for orders placed through
pickup option.
Payments
You
understand that:
(a)The
prices for menu items displayed through the Foodesoft services may differ from
the prices offered or published by the vendor for the same menu items and/or
from prices available at third-party websites and that such prices may not be
the lowest prices at which the menu items are sold.
(b) Foodesoft has no obligation to itemize its costs, profits or margins when publishing such
prices.
Charges paid
by you for completed and delivered orders are final and non-refundable. Foodesoft has no obligation to provide refunds or credits, but may grant them, in each
case in Foodesoft sole discretion. Please refer to the Product Return and Refund
policy below. Your payment will be processed by using the preferred payment
method set by you in your User Account.
All charges are due immediately
after placing the order and payment will be facilitated by us through payment
gateway using the preferred payment method designated in the User Account. We
will send you a receipt by email once the payment has been successful.
User paying with Debit or with Credit cards must be the owners of the
cards having a user account in our Platform or else they have acquired legal
authorisation from the owner to use the cards to perform transactions in our
Platform. Refund process involving Debit or Credit cards might require a
minimum of seven (7) working days to be initiated by us.
Product Return and Refund Policy
Each shop handles their independent policies regarding the return of
products. We will not be held accountable for any disagreement regarding the
return of products issued by the vendor.
Foodesoft and its vendors reserve the right to cancel the order after you
have placed it at any time. We and our affiliates may contact you for doing so.
Depending on the circumstances and acceptable scenarios, Foodesoft will
provide partial or full refunds on behalf of the vendor. For example, if you did
not receive your order a full refund may apply, if you received an incomplete
order, partial refunds may apply.
Communications
The
entire communication with us is electronic. Every time you send us an email or
visit our websites and our mobile applications, you are communicating with us.
You hereby consent to receive communications from us. If you subscribe to the
news on our platform, you are going to receive regular emails from us. We will
continue to communicate with you by posting news and notices on our websites
and mobile applications. You may contact us through our email for comments,
inquiries about anything related to our Services and these Terms of Use.
Copyright
Content
published on our platform (digital downloads, images, texts, graphics, logos
and all other contents available in our platform) is the property of Foodesoft and/or its content creators and protected by international copyright laws. The
entire compilation of the intellectual content found in our platform is the
exclusive property of Foodesoft whether registered or not.
Applicable law
By
visiting our platforms, you agree that the laws of respective country Foodesoft is operating, without regard to principles of conflict laws, will govern these
terms and conditions, or any dispute of any sort that might come between Foodesoft and you, or its business partners and associates.
Disputes
Any
dispute related in any way to your visit to our platforms or to products you
purchase through us from vendors shall be arbitrated by state or federal court
of the country Foodesoft is operating, and you consent to exclusive jurisdiction
and venue of such courts.
Amendments
Foodesoft reserves the right to amend these Terms at any time in its sole discretion. All
amendments become effective once posted in our website and mobile applications.
By visiting our platform, you agree to go through to these terms periodically.
You may opt to stop using our platforms and our services at any time you
disagree with these terms.
Limitation
of Liability
Except as otherwise provided by the Act, the debts, obligations and liabilities
of the Platform, whether arising in contract, tort or otherwise, shall be
solely the debts, obligations and liabilities of the Platform, and the member
shall not be obligated personally for any such debt, obligation or liability of
the Platform solely by reason of being a member of the Platform.
The software is provided on an “as is” and “as available” basis without
warranties of any kind, either express or implied, regarding the functionality
of our website and mobile applications that they will be free from errors. No
warranty is provided that the platform exclusively will be free from defects or
viruses or that operation of the website and mobile applications will be uninterrupted.
Your use of the platform and any other material or services downloaded or made
available to you through our platform is at your own discretion and risk, and
you are solely responsible for any damage resulting from their use.
Indemnification
You agree to
indemnify and hold harmless Foodesoft and its officers, directors, employees,
agents and affiliates (each, an “Indemnified Party”),
from and against any losses, claims, actions, costs, damages, penalties, fines
and expenses, including without limitation legal and attorneys’ fees and
expenses, that may be incurred by an Indemnified Party arising out of, relating
to or resulting from (a) your use of the User Account; (b) your misuse of Our
Services, the Foodesoft websites and Foodesoft mobile applications; (c) your
breach of these Terms or any representation, warranty, condition or covenant in
these Terms; or (d) your violation of any applicable laws, rules or regulations
through or related to the use of the Our Services. You agree that the
provisions in this section will survive any termination of your account, these
Terms, or your access to the Foodesoft Services, the Foodesoft Sites, and Foodesoft mobile applications.
Force Measure
Foodesoft will not be
liable to you for any failure or delay in the performance of its obligations
under these terms for the period that such failure or delay is due to causes
beyond Foodesoft reasonable control, including acts of God, war, strikes or
labour disputes, embargoes, government orders or any other force majeure event.
Miscellaneous
These Terms and our Privacy,
constitute the entire agreement between you and Foodesoft relating to the Foodesoft services and all related activities. These Terms shall not be modified
except by a new posting of these terms by Foodesoft . If any part of these Terms
is held to be unlawful, void, or unenforceable, that part shall be deemed
severed and shall not affect the validity and enforceability of the remaining
provisions. The failure of Foodesoft to exercise or enforce any right or
provision under these Terms shall not constitute a waiver of such right or
provision. Any waiver of any right or provision by Foodesoft must be in writing
and shall only apply to the specific instance identified in such writing. You
may not assign these Terms, or any rights granted hereunder, whether
voluntarily, by operation of law, or otherwise without Foodesoft prior written
consent. By using the Foodesoft Services, you agree that Foodesoft may alter,
suspend, or discontinue the Foodesoft Services at any time and for any reason or
no reason, without notice. The Foodesoft Services may be unavailable from time
to time due to maintenance or malfunction of computer or network equipment or
other reasons. Foodesoft may periodically add or update the information and
materials on its services without notice.
Disclaimer
of Warranties
You
acknowledge and agree that to the fullest extent permitted by applicable law,
your use of the Foodesoft platform is entirely at your own risk. changes are
periodically made to the Platform and may be made at any time without notice to
you. Foodesoft services, Foodesoft sites and the Foodesoft mobile applications are
provided on an “as is” basis without warranties or conditions of any kind,
either express or implied, including, but not limited to, warranties or
conditions of merchantability, fitness for a particular or general purpose and
non-infringement. Foodesoft makes no warranties, conditions or representations
about the accuracy, reliability, completeness or timeliness of the content made
available through Foodesoft services, sites and mobile applications, or the
services, software, text, graphics or links. Foodesoft does not warrant that the Foodesoft services, Foodesoft sites and Foodesoft mobile applications, will
operate error-free or that the software or services are free of computer
viruses and other harmful malware.