Terms of Service
I. 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 website
at www.foodfe.app (the "Site") and any related mobile or software applications i.e.
FoodFe Platform (collectively “FoodFe Platform” / “Platform”) including but not limited
to delivery of information via the website, Platform whether existing now or in the
future that link to the Terms (collectively, the "Services"). Terms are effective for all
existing and future FoodFe 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 FoodFe Platform,
you are agreeing to these Terms and concluding a legally binding contract with
FoodFe and/or its affiliates (hereinafter collectively referred to as "FoodFe"). 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 FoodFe Platform is at your sole discretion.
II. Definitions
Customer
"Customer" or "You" or "Your" refers to you, (or any other person or the entity or
organization on behalf of whom you act or to whom you represent) as a customer of
the Services. A customer is someone who (i) accesses or uses the Services, or (ii)
rely on the Service to avail the features or benefits offered by or associated with the
Services. If you sign up to these terms for the entity or organization on behalf of
whom you act or to whom you represent then you undertake that each individual who
avail the Services in furtherance thereto, have first understood and agreed to these
terms.
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, chat communication, profile information, or any other materials
that you publicly display or displayed in your account profile. "FoodFe Content"
means content that FoodFe 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 but excluded Your
Content and Third Party Content. "Third Party Content" means content that comes
from parties other than FoodFe or its Customers, such as Restaurant Partners or
Kitchen Partners (jointly ‘Partner’) and is available on the Services.
Restaurant(s) / Kitchen(s)
"Restaurant" means the restaurants listed on FoodFe Platform.
"Kitchen" means the kitchens listed on FoodFe Platform.
III. Eligibility to use the Services
1. You hereby represent and warrant that (i) 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. (ii) If you are availing Services for individual(s) other
than yourself you are signing up these terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms for and
on behalf of such other individual(s). (iii) If you are availing Services for your
entity or organization, of which your are the part of, you are signing up these
terms, conditions, obligations, affirmations, representations, and warranties
set forth in these Terms for and on behalf of such entity or organization.
2. Compliance. (i)You are in compliance with all laws and regulations of Norway
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). (ii) If you are
availing Services for your entity or organization, of which you are the part of,
you confirm that you have the necessary authorization from such entity or
organization, to bind such entity or organization to these terms.
IV. Changes to the Terms
FoodFe may vary or amend or change or update these Terms, from time to time
entirely at its own discretion. FoodFe will be updating You in case of any variation or
amendment or change or update. But You shall be responsible for checking these
Terms from time to time and ensure continued compliance with these Terms. Your
use of FoodFe 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. You are free to write to
FoodFe if in case of you need any clarification on the changed/amended Terms.
V. Language of the Terms
While FoodFe may provide a translation of the English version of the Terms into
other languages, but You agree that the English version shall govern the terms of
your relationship with FoodFe. Furthermore, if there are any inconsistencies between
the English version of the Terms and its translated version, the English version of the
Terms shall prevail over others.
VI. Provision of the Services being offered by
FoodFe
1. FoodFe 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 FoodFe provides, may require affecting
certain changes in it, therefore, FoodFe 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 FoodFe’s contents, products and
services (including those contained on the site) without any prior notice.
2. 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. Any updates or upgrades provided to
you by us under the Terms shall be considered part of the Services.
3. You acknowledge and agree that if FoodFe 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.
4. By using FoodFe's Services you agree to the following disclaimer/s:
The Content on these Services is for informational purposes only.
FoodFe disclaims any liability for any information that may have
become outdated since the last time the particular piece of information
was updated. FoodFe reserves the right to make changes and
corrections to any part of the Content on these Services at any time
without prior notice. FoodFe does not guarantee the quality of the
Goods, the prices listed in menus or the availability of all menu items at
any Restaurant/Kitchen Partner. Unless stated otherwise, all pictures
and information contained on these Services are believed to be owned
by or licensed to FoodFe. Please email a takedown request (by using
the "Contact Us" link on the home page) if you are the copyright owner
of any Content on these Services and you think the use of the above
material violates Your copyright in any way. Please indicate the exact
URL of the webpage in your request. All images shown here have been
digitized by FoodFe. No other party is authorized to reproduce or
republish these digital versions in any format whatsoever without the
prior written permission of FoodFe.
5. FoodFe reserves the right to charge a subscription and/or membership fee in
respect of any of its product or service and/or any other charge or fee on a per
order level from Customers, in respect of any of its product or service on the
FoodFe Platform anytime in future.
6. FoodFe 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. Furthermore, FoodFe reserves the
right to modify, cancel and discontinue its Program without notice to the
Customer.
VII. Use of Services by Customer
1. FoodFe Customer Account
a. You must create an account in order to use the FoodFe Services and features
related thereto. Use of any personal information you provide to us during the account
creation process is governed by our Privacy Policy and terms herein. Your account
creation will be done subject to you following the activation process required by
FoodFe which includes you submitting valid and updated details as required by
FoodFe, your use of the valid OTP to get your account activated. Account activation
and login is OTP based. You must keep your OTP related to use of your FoodFe
account confidential. You are solely responsible for maintaining the confidentiality
and security of your account, all changes and updates submitted through your
account, and all activities that occur in connection with your account. If you use the
FoodFe account to use the Service for an entity or organization, you shall use such
account strictly for the purpose and for the benefit of such entity or organization.
b. Upon FoodFe enabling the feature, 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. In that event 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 instructions.
c. In creating an account, 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
then you represent to us that you are the owner or authorized representative or
agent of person or the entity or organization for whom you are availing Service from
the account which you operate and you have the authority to bind such person, entity
or organization.
d. 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 to enable us to take
necessary corrective action. You also agree that you will not allow any third party to
use your FoodFe 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 FoodFe Platform or Services.
2. a. In order to connect you to certain restaurants or kitchen partners, we may
provide value added telephony services through our phone lines, which are
displayed on the specific restaurant listing page on the FoodFe Platform, which
connect directly to restaurants' or the kitchen partner phone lines. We may record all
information regarding this call including the voice recording of the conversation
between you, and the restaurant or kitchen (for internal billing tracking purposes and
customer service improvement at the restaurant's end). If you do not wish that your
information be recorded in such a manner, please should avoid use of the telephone
services provided by FoodFe. You explicitly agree and permit FoodFe to record all
this information when you avail the telephony services through the FoodFe provided
phone lines on the FoodFe Platform.
b. You agree to use the Services provided by FoodFe 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.
c. 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.
VIII. Content
1. Ownership of FoodFe Content and Proprietary Rights
a. We are the sole and exclusive copyright owners of the Services and our Content.
We also exclusively own the copyrights, trademarks, service marks, logos, trade
names, trade dress and other intellectual and proprietary rights throughout the world
(the "IP Rights") associated with the Services and FoodFe Content, which may be
protected by copyright, patent, trademark and other applicable intellectual property
and proprietary rights and laws. You further acknowledge that the Services may
contain information which is designated as confidential by FoodFe and that you shall
not disclose such information without FoodFe's prior written consent.
b. You agree not to breach or violate or misuse FoodFe's proprietary rights and the
proprietary rights of all others having rights in the Services during and after the term
of this agreement and to comply with all reasonable written requests made by us or
our suppliers and licensors of content or otherwise to protect their and others'
contractual, statutory, and common law rights in the Services. Unless you have
agreed otherwise in writing with FoodFe, nothing in the Terms gives you a right to
use any of FoodFe's trade names, trademarks, service marks, logos, domain names,
and other distinctive brand features.
c. Any violation or infringement of the IP Rights shall lead to appropriate legal
proceedings against you at an appropriate forum for seeking all available/possible
remedies under applicable laws of the country of violation. You cannot modify,
reproduce, publicly display or exploit in any form or manner whatsoever any of the
FoodFe's Content in whole or in part except as expressly authorized by FoodFe.
d. To the fullest extent permitted by applicable law, we neither warrant nor represent
that your use of materials displayed on the Services will not infringe rights of third
parties not owned by or affiliated with us. You agree to immediately notify us upon
becoming aware of any claim that the Services infringe upon any copyright
trademark, or other contractual, intellectual, statutory, or common law rights by
following the instructions contained below in section titled as “General terms”.
2. Your License to FoodFe Content
a. We grant you a personal, limited, non-exclusive and non-transferable license to
access and use the Services only as expressly permitted in these Terms. You shall
not use the Services for any illegal purpose or in any manner inconsistent with these
Terms. You may use information made available through the Services solely for your
personal, non-commercial use. You agree not to use, copy, display, distribute,
modify, broadcast, translate, reproduce, reformat, incorporate into advertisements
and other works, sell, promote, create derivative works, or in any way exploit or allow
others to exploit any of FoodFe Content in whole or in part except as expressly
authorized by us. Except as otherwise expressly granted to you in writing, we do not
grant you any other express or implied right or license to the Services, FoodFe
Content or our IP Rights.
b. Any violation by you of the license provisions contained in this Section may result
in the immediate termination of your right to use the Services, as well as potential
liability for copyright and other IP Rights infringement depending on the
circumstances.
3. FoodFe License to Customer Content
In consideration of availing the Services on the FoodFe Platform and by submitting
Your Content, you hereby irrevocably grant FoodFe a perpetual, irrevocable, world-
wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and
transferable license and right to use Your Content and all IP Rights therein for any
purpose including API (Application Programming Interface) partnerships with third
parties and in any media existing now or in future. By "use" we mean use, copy,
display, distribute, modify, translate, reformat, incorporate into advertisements and
other works, analyze, promote, commercialize, create derivative works, and in the
case of third party services, allow their users and others to do the same. You grant
us the right to use the name or username that you submit in connection with Your
Content. You irrevocably waive, and cause to be waived, any claims and assertions
of moral rights or attribution with respect to Your Content brought against FoodFe or
its Customers, any third party services and their users.
4. Representations Regarding Customer Content
a. You are responsible for Your Content. You represent and warrant that you are the
sole author of, own, or otherwise control all of the rights of Your Content or have
been granted explicit permission from the rights holder to submit Your Content.
b. You assume all risks associated with Your Content, including anyone's reliance
on its quality, accuracy, or reliability, or any disclosure by you of information in Your
Content that makes you personally identifiable. While we reserve the right to remove
Content, we do not control actions or Content posted by our Customers and do not
guarantee the accuracy, integrity or quality of any Content. You acknowledge and
agree that Content posted by Customers and any and all liability arising from such
Content is the sole responsibility of the Customer who posted the content, and not
FoodFe.
5. Content Removal
We reserve the right, at any time and without prior notice, to remove, block, or
disable access to any Content that we, for any reason or no reason, consider to be
objectionable, in violation of the Terms or otherwise harmful to the Services or our
Customers in our sole discretion. Subject to the requirements of applicable law, we
are not obligated to return any of Your Content to you under any circumstances.
Further, the Restaurant Partner / Kitchen Partner reserves the right to delete any
images and pictures forming part of Customer Content, from such Restaurant's
listing page at its sole discretion.
6. Third Party Content and Links
a. Some of the content available through the Services may include or link to
materials that belong to third parties, such as third party reservation services or food
delivery/ordering or dining out. Please note that your use of such third party services
will be governed by the terms of service and privacy policy applicable to the
corresponding third party. We may obtain business addresses, phone numbers, and
other contact information from third party vendors who obtain their data from public
sources.
b. We have no control over, and make no representation or endorsement regarding
the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or
quality of any product, services, advertisements and other content appearing in or
linked to from the Services. We do not screen or investigate third party material
before or after including it on our Services.
c. We reserve the right, in our sole discretion and without any obligation, to make
improvements to, or correct any error or omissions in, any portion of the content
accessible on the Services. Where appropriate, we may in our sole discretion and
without any obligation, verify any updates, modifications, or changes to any content
accessible on the Services, but shall not be liable for any delay or inaccuracies
related to such updates. You acknowledge and agree that FoodFe is not responsible
for the availability of any such external sites or resources, and does not endorse any
advertising, products or other materials on or available from such web sites or
resources.
d. Third party content, including content posted by our Customers or Restaurant
Partners/Kitchen Partner, does not reflect our views. In addition, none of the content
available through the Services is endorsed or certified by the providers or licensors
of such third party content. We assume no responsibility or liability for any of Your
Content or any third party content.
e. You further acknowledge and agree that FoodFe is not liable for any loss or
damage which may be incurred by you as a result of the availability of those external
sites or resources, or as a result of any reliance placed by you on the completeness,
accuracy or existence of any advertising, products or other materials on, or available
from, such websites or resources. Without limiting the generality of the foregoing, we
expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair,
or infringing content provided by third parties.
f. FoodFe may in its sole discretion remove Customer reviews if any such review is
in violation of the Terms, or content guidelines and policies or otherwise harmful to
the Services.
IX. Adherence To Privacy Policy
You represent that you have read, understood and agreed to our Privacy Policy.
Please note that we may disclose information about you to third parties or
government authorities if we believe that such a disclosure is reasonably necessary
to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms
and Privacy Policy; (iii) comply with legal process or other government inquiry, such
as a search warrant, subpoena, statute, judicial proceeding, or other legal
process/notice served on us; or (iv) protect our rights, reputation, and property, or
that of our Customers, affiliates, or the general public
X. Restrictions on use
1. Without limiting the generality of these Terms, in using the Services, you
specifically agree not to post or transmit any content (including review) or
engage in any activity that, in our sole discretion violates these terms.
2. FoodFe without having the obligation of any nature may monitor your – or
anyone else's – access to or use of the Services for violations of the Terms ,
for the purpose of operating and improving the Services (including without
limitation for fraud prevention, risk assessment, investigation and customer
support purposes), to ensure your compliance with the Terms and to comply
with applicable law or the order or requirement of legal process, a court,
consent decree, administrative agency or other governmental body
3. You hereby agree and assure FoodFe that the FoodFe Platform/Services
shall be used for lawful purposes only and that you will not violate laws,
regulations, ordinances or other such requirements of any applicable Central,
Federal State or local government or international law(s). You shall not
upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, junk mail, spam mail, chain
letters or any other form of solicitation, encumber or suffer to exist any lien or
security interest on the subject matter of these Terms or to make any
representation or warranty on behalf of FoodFe in any form or manner
whatsoever.
4. You hereby agree and assure that while communicating on the FoodFe
Platform including but not limited to giving cooking instructions to the
Restaurants/Kitchen Partner, communicating with our support agents on chat
support or with the Delivery Partners, through any medium, You shall not use
abusive and derogatory language and/or post any objectionable information
that is unlawful, threatening, defamatory, or obscene. In the event you use
abusive language and/or post objectionable information, FoodFe reserves the
right to suspend the chat support service and/or block your access and usage
of the FoodFe Platform, at any time with or without any notice.
5. Any Content uploaded by you, shall be subject to relevant laws of Norway and
of the country of use and may be disabled, or and may be subject to
investigation under applicable laws. Further, if you are found to be in non-
compliance with the laws and regulations, these terms, or the privacy policy of
the FoodFe Platform, FoodFe shall have the right to immediately block your
access and usage of the FoodFe Platform and FoodFe shall have the right to
remove any non-compliant content and or comment forthwith, uploaded by
you and shall further have the right to take appropriate recourse to such
remedies as would be available to it under various statutes.
XI. Customer feedback
1. If you share or send any ideas, suggestions, changes or documents regarding
FoodFe 's existing business ("Feedback"), you agree that (i) your Feedback
does not contain the confidential, secretive or proprietary information of third
parties, (ii) FoodFe is under no obligation of confidentiality with respect to
such Feedback, and shall be free to use the Feedback on an unrestricted
basis (iii) FoodFe may have already received similar Feedback from some
other Customer or it may be under consideration or in development, and (iv)
By providing the Feedback, you grant us a binding, non-exclusive, royalty-
free, perpetual, global license to use, modify, develop, publish, distribute and
sublicense the Feedback, and you irrevocably waive, against FoodFe and its
Customers any claims/assertions, whatsoever of any nature, with regard to
such Feedback.
XII. Advertising
Part of the site may contain advertising information or promotional material or
other material submitted to FoodFe by third parties or Customers.
XIII. Terms and conditions for food ordering and
delivery:
1. Food ordering and delivery:
a. FoodFe provides food ordering and delivery services by entering into contractual
arrangements with restaurant partners (“Restaurant Partners”), kitchen partners
(“Kitchen Partners”) on a principal-to-principal basis for the purpose of listing their
menu items or the Products (as defined below) for food ordering by and delivery to
the Customers on the FoodFe Platform.
b. The Customers can access the menu items or Products listed on the FoodFe
Platform and place orders against the Restaurant Partner(s)/ Kitchen Partners
through the FoodFe Platform.
c. Your request to order food and beverages or Products from a Restaurant Partner/
Kitchen Partners on the FoodFe Platform shall constitute an unconditional and
irrevocable authorization issued in favour of FoodFe to place orders for food and
beverages or Products against the Restaurant Partner(s)/ Kitchen Partner(s) on your
behalf.
d. Delivery of an order placed by you through the FoodFe Platform may either be
undertaken directly by the Restaurant Partner / Kitchen Partner against whom you
have placed an order, or facilitated by FoodFe through a third-party who may be
available to provide delivery services to you (“Delivery Partners”). You
acknowledge that in both these cases, FoodFe is merely acting as an intermediary
between you and the Delivery Partners, or you and the Restaurant Partner / Kitchen
Partner, as the case may be, even if in each such case FoodFe raises or issues any
invoice on You and accept any payment of money from You for or in connection with
the Services ordered by you through the FoodFe Platform.
e. The acceptance by a Delivery Partner of undertaking delivery of your order shall
constitute a contract, between you and the Delivery Partner, to which FoodFe is not
a party under any applicable law. It is clarified that FoodFe does not provide any
delivery or logistics services and only enables the delivery of food and beverages or
Products ordered by the Customers through the FoodFe Platform by connecting the
Customers with the Delivery Partners or the Restaurant Partners / Kitchen Partner,
as the case may be. FoodFe disclaims its liability for any acts or omissions on part of
the Delivery Partner including deficiency in service, wrong delivery of order, time
taken to deliver the order, order package tampering, etc.
f. You may be charged a delivery fee for delivery of your order by the Delivery
Partner or the Restaurant Partner / Kitchen Partner, as the Delivery Partner or the
Restaurant Partner / Kitchen Partner may determine (“Delivery Charges"). You
agree that FoodFe is authorized to collect, on behalf of the Restaurant Partner/
Kitchen Partner or the Delivery Partner , the Delivery Charges for the delivery
service provided by the Restaurant Partner / Kitchen Partner or the Delivery Partner,
as the case may be. The Delivery Charges may vary from order to order on account
of multiple factors You will be responsible for the Delivery Charges incurred for your
order regardless of your awareness of such Delivery Charges.
g. In addition to the Delivery Charges, you may also be charged an amount towards
delivery surge for delivery of your order facilitated by the Delivery Partner or the
Restaurant Partner or the Store, which is determined on the basis of various factors
including but not limited to distance covered, time taken, demand for delivery, real
time analysis of traffic and weather conditions, seasonal peaks or such other
parameters as may be determined from time to time (“Delivery Surge"). You agree
that FoodFe is authorized to collect, on behalf of the Restaurant Partner/ Kitchen
Partner or the Delivery Partner, the Delivery Surge for the delivery service provided
by the Restaurant Partner or the Store or the Delivery Partner, as the case may be.
The Delivery Surge may vary from order to order on account of multiple factors You
will be responsible for the Delivery Surge incurred for your order regardless of your
awareness of such Delivery Surge.
h. In respect of the order placed by You, FoodFe shall issue documents like order
summary, tax invoices, etc. as per the applicable legal regulations and common
business practices.
i. You agree to respect the dignity and diversity of Delivery Partners and accordingly
you agree to not discriminate against any Delivery Partner on the basis of
Discrimination Characteristics (as defined below). You should enable provision of a
secure and fearless gig/ platform work environment for the delivery partners
including prevention and deterrence of harassment (including sexual harassment)
towards Delivery Partners.
(Discrimination Characteristics shall mean discrimination based on race, community,
religion, disability, gender, sexual orientation, gender identity, age (insofar as
permitted by applicable laws to undertake the relevant gig work), genetic information,
or any other legally protected status.)
j. FoodFe reserves the right to cancel or halt its services and/or a delivery of one or
more Goods or Services if the customer has provided insufficient or incorrect
information when registering the account, if FoodFe’s Partner is unable to complete
the order, or in case of force majeure events such as epidemics or pandemics,
natural disasters, war, acts of terrorism, political unrest, strike, lockout, blockades or
any other agreement disturbance, fires, accidents or other circumstances beyond
FoodFe’s reasonable control, or any other circumstance that substantially impedes
or impairs the possibilities for fulfilling a delivery. FoodFe undertakes to notify the
customer as soon as possible if a delivery can be delayed, or alternatively, if the
delivery may fail completely (in the event of non-delivery, the entire order value will
be refunded).
2. Food Ordering and Delivery with Restaurant Partners:
a. Prices of food and beverages or Products listed on the FoodFe Platform are
provided by the Restaurant Partner / Kitchen Partner, including packaging or
handling charges, if any, at the time of publication on the FoodFe Platform and the
same are displayed by FoodFe as received from the Restaurant Partner/ Kitchen
Partner. The final price charged to you by the Restaurant Partner/ Kitchen Partner,
including the packaging and handling charges may change at the time of delivery. In
the event of a conflict between price on the FoodFe Platform and price charged by
the Restaurant Partner/ Kitchen Partner, the price charged by the Restaurant Partner
shall be deemed to be the correct price except Delivery Charge of FoodFe.
3. General Terms and Conditions
a. FoodFe is not a manufacturer, seller or distributor of food and beverages or
Products and merely places an order against the Restaurant Partner(s) / Kitchen
Partner(s) on behalf of the Customers pursuant to the unconditional and irrevocable
authority granted by the Customers to FoodFe, and facilitates the sale and purchase
of food and beverages or Products between Customers and Restaurant Partners /
Kitchen Partners, under the contract for sale and purchase of food and beverages or
Products between the Customers and Restaurant Partners / Kitchen Partners.
b. FoodFe shall not be liable for any acts or omissions on part of the Restaurant
Partner / Kitchen Partner including deficiency in service, wrong delivery of order /
order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or
deliver the order, etc.
c. The Restaurant Partner(s) / Kitchen Partner(s) is and shall always be solely
responsible for any warranty/guarantee of the food and beverages or Products sold
to the Customer and in no event shall be the responsibility of FoodFe. FoodFe
disclaims all representations, warranties, guaranties, responsibilities and liabilities
regarding the food and beverages or Products of any such Restaurant Partner /
Kitchen Partner.
d. It is hereby clarified by FoodFe that the liability of any violation of the applicable
rules and regulations made thereunder shall solely rest with the sellers/brand
owners, vendors, Restaurant Partner(s) / Kitchen Partner(s), importers or
manufacturers of the food products, beverages, Products or any Pre Packed Goods
accordingly. For the purpose of clarity Pre-Packed Goods shall mean the food and
beverages items which is placed in a package of any nature, in such a manner that
the contents cannot be changed without tampering it and which is ready for sale to
the customer or as may be defined under the applicable food safety laws /
regulations of Norway from time to time.
e. FoodFe is not responsible to provide any information pertaining to allergies
associated with use or consumption of food and beverages or Products. FoodFe
hereby clarifies that information pertaining to food and beverages or edible Products
provided by the sellers/brand owners, vendors, Restaurant Partner(s) / Kitchen
Partner(s), importers or manufacturers of such food products, beverages, edible
Products as displayed or available on FoodFe Platform may or may not be complete
or accurate and FoodFe disclaims its liability with respect to availability or
completeness or accuracy of any such information on the FoodFe Platform.
Customer agrees that some of the food and beverages or Products may be suitable
for certain ages only. Customer also agrees that Customer should do its own review
and research of the allergies associated with use or consumption of food and
beverages or edible Products and exercise its sole discretion prior to consuming or
permitting consumption of any such food and beverages or edible Products. FoodFe
thus encourages Customer that prior to placing your order for the food products,
beverages, Products, You should (i) check the such food products, beverages,
Products by reading its description, if provided, and / or (ii) do Your own research to
your satisfaction regarding such food products, beverages, Products basis your own
sources, and/ or (iii) if necessary, should not hesitate to independently consult Your
dietician, doctor or food beverages subject expert of your choice. FoodFe shall not
be liable in manner whatsoever in the event the food product, beverages or the
Product ordered by You does not meet your dietary or any other requirements and/or
restrictions (essential or otherwise).
f. While placing an order you shall be required to provide certain details, including
without limitation, contact number and delivery address. You agree to take particular
care when providing these details and warrant that these details are accurate and
complete at the time of placing an Order. In case You provide these details for and
on behalf of other person or entity or organization, You represent and warrant that
you are duly authorized to do so and to act on the behalf of such other person or the
entity or organization. By providing these details, you express your acceptance to
FoodFe's terms and privacy policies.
g. You or any person instructed by you shall not resell food and beverages or
Products purchased via the FoodFe Platform.
h. The total price for food ordered, including the Delivery Charges and other charges,
will be displayed on the FoodFe Platform when you place your order, which may be
rounded up to the nearest amount. Customers shall make full payment towards such
food or Products ordered via the FoodFe Platform.
i. Any amount that may be charged to you by FoodFe over and above the order
value, shall be inclusive of applicable taxes.
j. Delivery periods/Takeaway time quoted at the time of ordering are approximate
only and depending upon several factors may vary.
k. Cancellation and refund policy:
i. You acknowledge that (1) your cancellation, or attempted or purported cancellation
of an order or (2) cancellation due to reasons not attributable to FoodFe, 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 FoodFe to place that order against the Restaurant Partners
/ Kitchen Partner(s) on your behalf . In the event you commit such breach, you shall
be liable to pay the liquidated damages of an amount equivalent to the order value.
You hereby authorize FoodFe to deduct or collect the amount payable as liquidated
damages through such means as FoodFe may determine in its discretion, including
without limitation, by deducting such amount from any payment made towards your
next Order
ii. There may be cases where FoodFe 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 FoodFe,
Restaurant Partner/Kitchen Partner or Delivery Partner. In such cases, FoodFe shall
not charge a cancellation charge from you. If the order is cancelled (solely for
reasons attributable to FoodFe) 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.
iii. No replacement / refund / or any other resolution will be provided without
Restaurant Partner’s/ /Kitchen Partner(s)’ permission.
iv. 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 convincing
and undisputable proof of the same before any resolution can be provided.
v. 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 /Kitchen Partner on a best-efforts basis.
vi. 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.
vii. You are also required to read through and understand the payment gateway
terms and conditions which apply to the payments made by You and / or any refunds
made to You for or in connection with the Services availed by You on the Platform.
l. Hygiene: You agree that FoodFe is not responsible nor does FoodFe warrants that
it will conduct any audit for any / all restaurants/kitchens listed on the FoodFe
Platform. You understands and agrees that (i) FoodFe may at its sole discretion,
through an independent hygiene auditor, conduct audit of Restaurant / Kitchen listed
on FoodFe Platform; (ii) any Hygiene Rating(s) if any displayed on the FoodFe
Platform basis such audit for the audited Restaurant / Kitchen are for informational
purposes only and merely indicate the hygiene standards of the restaurant/kitchen
at the time such audit is conducted by the hygiene auditor; (iii) any such hygiene
rating(s) shall not be deemed to be an indicator to the food quality standards
maintained by a restaurant/kitchen. In case there are any hygiene ratings for any
restaurant/kitchen then the Customer are advised to exercise their own discretion
while relying on any such ratings while deciding their choice for the particular
restaurant/kitchen to which such rating applies. FoodFe reserves the right to remove
any of the hygiene rating for any particular restaurant/kitchen without any prior
intimation to the Customer.
M. You agree that FoodFe acceptance of payment from You for the Services ordered
by You on the FoodFe Platform is only does not full payment towards such food or
Products ordered via the FoodFe Platform
XIV. Disclaimer of warranties, limitation of liability,
and Indemnification
1. Disclaimer of Warranties
You acknowledge and agree that the services are provided "as is" and "as available"
and that your use of the Services shall be at your sole risk. To the fullest extent
permitted by applicable law, FoodFe, its affiliates and their respective officers,
directors, employees, agents, affiliates, branches, subsidiaries, and licensors
("FoodFe Parties") disclaim all warranties, express or implied, in connection with the
Services including mobile apps and your use of them. To the fullest extent permitted
by applicable law, the FoodFe Parties make no warranties or representations that
the Services have been and will be provided with due skill, care and diligence or
about the accuracy or completeness of the Services' content and assume no
responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal
injury or property damage, of any nature whatsoever, resulting from your access to
and use of the Services, (iii) any unauthorized access to or use of our servers and/or
any and all personal information stored therein, (iv) any interruption or cessation of
transmission to or from the Services, (v) any bugs, viruses, trojan horses, or the like
which may be transmitted to or through the Services through the actions of any third
party, (vi) any loss of your data or content from the Services and/or (vii) any errors or
omissions in any content or for any loss or damage of any kind incurred as a result of
the use of any content posted, emailed, transmitted, or otherwise made available via
the Services. Any material downloaded or otherwise obtained through the use of the
Services is done at your own discretion and risk and you will be solely responsible
for any damage to your computer system or other device or loss of data that results
from the download of any such material. The FoodFe Parties will not be a party to or
in any way be responsible for monitoring any transaction between you and third-
party providers of products or Services. You are solely responsible for all of your
communications and interactions with other customers of the Services and with other
persons with whom you communicate or interact as a result of your use of the
Services. No advice or information, whether oral or written, obtained by you from
FoodFe or through or from the services shall create any warranty not expressly
stated in the terms.
2. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall the FoodFe parties
be liable to you for any damages resulting from any (i) errors, mistakes, or
inaccuracies of content, and/or (ii) personal injury or property damage, of any nature
whatsoever, resulting from your access to and use of the Services including mobile
app, and/or (iii) any unauthorized access to or use of our servers and/or any and all
personal information stored therein, and/or (iv) any interruption or cessation of
transmission to or from our servers, and/or (v) any bugs, viruses, trojan horses, or
the like, which may be transmitted to or through the services by any third party,
and/or (vi) any loss of your data or content from the services, and/or (vii) the
disclosure of information pursuant to these terms or our privacy policy, and/or (viii)
your failure to keep your password or account details secure and confidential, and/or
(ix) delay or failure in performance resulting from causes beyond FoodFe's
reasonable control. In no event shall the FoodFe parties be liable to You for any
indirect, incidental, special, punitive, exemplary or consequential damages
whatsoever, however caused and under any theory of liability, including but not
limited to, any loss of profit (whether incurred directly or indirectly), any loss of
goodwill or business reputation, any loss of data suffered, cost of procurement of
substitute goods or services, or other intangible loss.
3. Indemnification
You agree to indemnify, defend, and hold harmless the FoodFe Parties from and
against any third party claims, damages (actual and/or consequential), actions,
proceedings, demands, losses, liabilities, costs and expenses (including reasonable
legal fees) suffered or reasonably incurred by us arising as a result of, or in
connection with your access to and use of the Services; ; or your breach of these
Terms. We retain the exclusive right to settle, compromise and pay, without your
prior consent, any and all claims or causes of action which are brought against us.
We reserve the right, at your expense, to assume the exclusive defense and control
of any matter for which you are required to indemnify us and you agree to cooperate
with our defense of these claims. You agree not to settle any matter in which we are
named as a defendant and/or for which you have indemnity obligations without our
prior written consent. We will use reasonable efforts to notify you of any such claim,
action or proceeding upon becoming aware of it.
XV. Termination of Your access to the Services
1. You can delete your account at any time by contacting us and placing request
for account deletion.
2. We may terminate your use of the Services and deny you access to the
Services in our sole discretion for any reason or no reason, including your: (i)
violation of these Terms; or (ii) lack of use of the Services. You agree that any
termination of your access to the Services may be affected without prior
notice, and acknowledge and agree that we may immediately deactivate or
delete your account and all related information and/or bar any further access
to your account or the Services. If you use the Services in violation of these
Terms, we may, in our sole discretion, retain all data collected from your use
of the Services. Further, you agree that we shall not be liable to you or any
third party for the discontinuation or termination of your access to the Services
XVI. Miscellaneous terms
1. The section and subject headings in these Terms are included for reference
only and shall not be used to interpret any provisions of these Terms.
2. The Terms, together with the 'Privacy Policy' and any guidelines and policies
as published by FoodFe in writing, shall constitute the entire agreement
between you and us concerning the Services. No failure or delay by us in
exercising any right, power or privilege under the Terms shall operate as a
waiver of such right or acceptance of any variation of the Terms and nor shall
any single or partial exercise by either party of any right, power or privilege
preclude any further exercise of that right or the exercise of any other right,
power or privilege.
3. If any provision of these Terms is deemed unlawful, invalid, or unenforceable
by a judicial court for any reason, then that provision shall be deemed severed
from these Terms, and the remainder of the Terms shall continue in full force
and effect.
4. Governing Law and Jurisdiction: These Terms shall be governed by
Norwegian law. Disputes concerning the interpretation or application of these
Terms shall be interpreted in accordance with Norwegian law. In case of any
dispute between FoodFe and the Customer, the parties shall as a first step
strive to resolve the dispute by agreement. If the parties are unable to reach
agreement, the matter will be decided in the next instance by mediation of the
Consumer Authority, the Consumer Complaint Committee, and finally by the
ordinary court. If you are a Customer residing in the EU/EEA, you also have
the right to use the European Online Dispute Resolution (ODR) platform
offered by the European Commission to resolve disputes.
5. By accessing the Services through a mobile or other device, you may be
subject to charges by your Internet or mobile service provider, so check with
them first if you are not sure, as you will be solely responsible for any such
costs incurred.
6. You acknowledge and agree that you will not link the Services to any website
containing any inappropriate, profane, defamatory, infringing, obscene,
indecent, or unlawful topic, name, material, or information or that violates any
intellectual property, proprietary, privacy, or publicity rights. Any violation of
this provision may, in our sole discretion, result in termination of your use of
and access to the Services effective immediately.
7. FoodFe reserves the right to transfer its rights and obligations under the
Terms to a third party, provided that the acquiring third party can be expected
to fulfill its obligations under the Terms in a manner satisfactory for the
Customer. Customer cannot transfer its rights or obligations under these
Terms to a third party except with FoodFe’s written permission.
8. Beyond what is described in the Terms, FoodFe provides no guarantees
regarding contents, information, raw materials, ingredients, other information
or other services which affect the Goods and/or services, or anything else
delivered by or through FoodFe on the FoodFe Platform.
XVII. Regulations and Authorities
(i) FoodFe’s business may if required by law require registration with local authorities
like The Norwegian Food Safety Authority, etc. Such registration may entail that
FoodFe may be regularly examined by the authorities. Further, as part of any such
registration FoodFe may only accept Restaurant / Kitchen partners registered as
food businesses for handling or preparing food made available on the Platform.
(ii) FoodFe has no responsibility for the suitability of the Goods for the specific
purpose you intend to use them for, besides what is set out in the Terms or in the
description of the Goods on the Platform. This does not affect your rights as set out
in the Norwegian Product Liability Act (Produktansvarsloven).
XVIII. Contact Us:
1. Details of the Company
Legal Entity Name: Digiberry AS
CIN: 824 025 282
Registered Address: c/o Saranya Mano, Askergata 2, 0475 OSLO
2. Grievance Redressal Mechanism:
i. Customer Care Channels
For any order related issue, you may first reach out to us via chat support on
the FoodFe app for real time basis resolution.
You may also write to us at support@foodfe.app and we will strive to resolve
your order related grievance within the timelines prescribed under applicable
laws.
In case you do not receive a satisfactory response, you can escalate the
matter to our grievance resolution lead and we shall address your concern
within reasonable working hours.
ii. Details of the grievance resolution lead
Ms Anika Sawant
Email address: anika@dcx.no
Time: Monday - Friday (09:00 a.m. to 15:00 p.m.)
iii. Details of the Nodal person
Ms Shilpi Ghildiyal
Email address: shilpi@dcx.no
Please note: Please do not reveal your personal details to fraudsters and
imposters claiming to be calling on behalf of FoodFe. You may report such
suspicious activities to support@foodfe.app.
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