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Acceptance of terms

Last updated: Jan 11, 2023

Thank you for using Foodbay. These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Foodbay website at www.Foodbay.com (the “Site”) and any related mobile or software applications (“Foodbay Platform”) including but not limited to delivery of information via the app whether existing now or in the future that link to the Terms (collectively, the “Services”). By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Foodbay. Foodbay is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

The Foodbay app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Foodbay app won’t work properly or at all.

These Terms are effective for all existing and future Foodbay customers, including but without limitation to users having access to ‘restaurant business page’ to manage their claimed business listings.

Please read these Terms carefully. By accessing or using the Foodbay Platform, you are agreeing to these Terms and concluding a legally binding contract with. You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Foodbay Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.

These Terms are effective for all existing and future Foodbay customers, including but without limitation to users having access to ‘restaurant business page’ to manage their claimed business listings. Please read these Terms carefully. By accessing or using the Foodbay Platform, you are agreeing to these Terms and concluding a legally binding contract with. You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Foodbay Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.

In order to use the Services, you must first agree to the Terms. You can accept the Terms by:

  • Clicking to accept or agree to the Terms, where it is made available to you by Foodbay in the user interface for any particular Service; or
  • By actually using the Services. In this case, you understand and agree that Foodbay will treat your use of the Services as acceptance of the Terms from that point onwards.

Definitions

Customer

“Customer” or “You” or “Your” refers to you, as a customer of the Services. A customer is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to ‘restaurant business page’ to manage claimed business listings or otherwise.

Content

“Content” will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. “Your content” or “Customer Content” means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. “Foodbay Content” means content that Foodbay creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. “Third Party Content” means content that comes from parties other than Foodbay or its Customers and is available on the Services.

Restaurant(s)

“Restaurant” means the restaurants listed on Foodbay Platform.

Delivery teams

“Delivery” means the dispatch riders that are in charge of delivering food items

 

Eligibility to use the services

  • You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
  • Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).

 

Changes to the terms

Foodbay may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Foodbay Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.

 

Provision of the services being offered by Foodbay

  • Foodbay is constantly evolving in order to provide the best possible experience and information to its Customers. You acknowledge and agree that the form and nature of the Services which Foodbay provides, may require affecting certain changes in it, therefore, Foodbay reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
  • We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
  • You acknowledge and agree that if Foodbay disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
  • You acknowledge and agree that while Foodbay may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Foodbay may set such fixed upper limits at any time, at Foodbay’s discretion.
  • In our effort to continuously improve the Foodbay Platform and Services, we undertake research and conduct experiments from time to time on various aspects of the Services and offerings, including our apps, websites, user interface and promotional campaigns. As a result of which, some Customers may experience features differently than others at any given time. This is for making the Foodbay Platform better, more convenient and easy to use, improving Customer experience, enhancing the safety and security of our services and offerings and developing new services and features.
  • By using Foodbay’s Services you agree to the following disclaimers:
    The Content on these Services is for informational purposes only. Foodbay disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Foodbay reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Foodbay does not guarantee the quality of the Goods, the prices listed in menus or the availability of all menu items at any Restaurant/Merchant. Unless stated otherwise.
  • Any certification, licenses or permits (“Certification”) or information in regard to such Certification that may be displayed on the Restaurant’s listing page or Nutrition Products’ listing on the Foodbay Platform is for informational purposes only. Such Certification is displayed by Foodbay on an ‘as available’ basis that is provided to Foodbay by the Restaurant partner(s)/Merchant(s). Foodbay does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a Customer upon the Certification or information thereto shall be strictly at such Customer’s own risk and Foodbay in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Restaurant partner/Merchant.
  • Foodbay reserves the right to charge a subscription and/or membership and/or a convenience fee from a Customer, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Foodbay Platform anytime in future.
  • Foodbay may from time to time introduce referral and/or incentive based programs for its Customers (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Customers are bound by the Program terms and conditions as well as the Foodbay Platform terms. Further, Foodbay reserves the right to terminate / suspend the Customer’s account and/or credits / points earned and/or participation of the Customer in the Program if Foodbay determines in its sole discretion that the Customer has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Foodbay Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Foodbay reserves the right to modify, cancel and discontinue its Program without notice to the Customer.

Use of services by you or Customer

You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and

  1. instructions.
  2. In creating an account and/or claiming your business’ listing, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account or claiming a business listing, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business’ listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause Foodbay or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
  3. You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your Foodbay account for any purpose and that you will be liable for such unauthorized access. e. By creating an account, you agree to receive certain communications in connection with Foodbay Platform or Services. For example, you might receive comments from other Customers or other Customers may follow the activity to do on your account. You can opt-out or manage your preferences regarding non-essential communications through account settings.
  4. Others Terms
  • You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
  • You agree to use the data owned by Foodbay (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use (other than in accordance with ‘Claim Your Business Listing’ access) unless agreed to by/with Foodbay in writing.
  • You agree not to access (or attempt to access) any of the Services by any means other than the

interface that is provided by Foodbay, unless you have been specifically allowed to do so, by way of a separate agreement with Foodbay. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

  1. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other Customer(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.

 

Cancellation and return policy

  • You acknowledge that (1) your cancellation, or attempted or purported cancellation of an Order or (2) cancellation due to reasons not attributable to Foodbay, that is, in the event you provide incorrect particulars, contact number, delivery address etc., or that you were unresponsive, not reachable or unavailable for fulfillment of the services offered to you, shall amount to breach of your unconditional and irrevocable authorization in favour of Foodbay to place that Order against the Restaurant Partners/Store(s) on your behalf (“Authorization Breach”). In the event you commit an Authorization Breach, you shall be liable to pay the liquidated damages of an amount equivalent to the Order Value. You hereby authorize Foodbay to deduct or collect the amount payable as liquidated damages through such means as Foodbay may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next Order
  • There may be cases where Foodbay is either unable to accept your order or cancels the order, due to reasons including without limitation, technical errors, unavailability of the item(s) ordered, or any other reason attributable to Foodbay, Restaurant Partner/Store or Delivery Partner. In such cases, Foodbay shall not charge a cancellation charge from you. If the order is cancelled after payment has been charged and you are eligible for a refund of the Order Value or any part thereof, the said amount will be reversed to you.
  • No replacement / refund / or any other resolution will be provided without Restaurant Partner’s/Store(s)’ permission.
  • Any complaint, with respect to the Order which shall include instances but not be limited to food spillage, foreign objects in food, delivery of the wrong order or food and beverages or Products, poor quality, You will be required to share the proof of the same before any resolution can be provided.
  • You shall not be entitled to a refund in case instructions placed along with the Order are not followed in the form and manner You had intended. Instructions are followed by the Restaurant Partner /Store on a best-efforts basis.
  • All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective banks policies.