Foodie For All | Terms of Service & Privacy Policy
FoodieForAll is an office catering service for high demand restaurants.
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Terms of Service

Overview

This website (www.foodieforall.com) and the related mobile sites (collectively, the “Sites” are operated by Foodie For All. Throughout the Sites, the terms “we”, “us” and “our” refer to Foodie For All. Foodie For All offers the Sites, including all information, tools and services available from the Sites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting the Sites and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Sites, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using the Sites. By accessing or using any part of the Sites, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Sites or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Sites. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Sites following the posting of any changes constitutes acceptance of those changes.

Section 1 - Online Store Terms

You may only use the Sites if you can form a binding contract with us. You may only use the Sites to order if you are the authorized holder of the credit card used for payment or an authorized user of a corporate account. You are prohibited from using the Sites if you are under the age of 13.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Sites through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on the Sites is not accurate, complete or current. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Sites is at your own risk.

 

The Sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on the Sites. You agree that it is your responsibility to monitor changes to the Sites.

Section 4 - Modifications to the Service and Prices

Prices for our products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 5 - Products and Services

Certain products and services may be available exclusively online through the Sites.

 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Sites is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Accuracy of Billing, Account Information and Payment Terms

Accurate Billing Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

Payment Terms
The client will pay the balance specified on the invoice in full. Payment is due upon immediate receipt of the invoice. Foodie For All clients with established credit may submit payment in 30 days days from date of delivery (Net 30 Days) as per invoice due date issued by Foodie For All.

 

Overdue Charges
If any invoice amount is not received by us by the due date as specified on the invoice in accordance with the payment terms, those charges may accrue late interest at the rate of 1.5% of the outstanding balance per week, or the maximum rate permitted by law, whichever is lower.

 

Cancellation Policy
Cancellation of the service or products may be processed with sufficient notice to Foodie For All and will be based on third party policies. Orders that are canceled are subject to third party policies and fees. In addition, Foodie For All reserves the right to charge a nominal processing fee for orders that are canceled with less than 24 hours notice.

Section 7 - Our Content

Except the User Content (detailed below), the Sites and everything on them, including but not limited to text, photos, videos, graphics and software, (collectively, the “Materials”) are owned by or licensed to Foodie For All. The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Foodie For All or other third parties. You are not permitted to use the Marks without the prior written consent of Foodie Fo rAll or such third party that may own the Marks.

 

We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Sites and/or the Materials for your personal use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any additional notices or restrictions contained on the Sites. Any other use of the Sites and/or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Sites should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on the Sites without the express written permission of Foodie For All or the appropriate third party owner, as applicable.

 

If you download any software from the Sites, you shall not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.

Section 8 - Third Party Content

Certain content, products and services available via our Service may include materials from third-parties.

 

Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 9 - User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries), use the Sites’ features such as user reviews, saved favorites, liked items and bookmarked restaurants or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit to the Sites (“User Content”). You grant Foodie For All an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use User Content on the Sites and in all forms of media now known or hereafter invented (collectively, the “Uses”), without notification to and/or approval by you. You further grant Foodie For All a license to use your username and/or other user profile information, including without limitation, your review history and how long you have been a member of Foodie For All, to attribute User Content to you in connection with the Uses, if we choose to do so, again without notification to and/or approval by you.

 

User Content transmitted to certain parts of the Sites, including, without limitation, restaurant pages and certain Interactive Areas, may be posted in public areas on our Sites, including without limitation in a compilation format, and publicly visible and accessible. Foodie For All and its officers, directors, employees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from any and all liability for, the action of any and all third parties with respect to User Content.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

The Sites may allow you to rate and post reviews of restaurants and other businesses (“Ratings and Reviews”). Such Ratings and Reviews are considered User Content and are governed by the terms and conditions of this Agreement. Ratings and Reviews do not reflect the views of the Sites or Foodie For All. We maintain a high level of integrity with our Ratings and Reviews and other User Content. All Ratings and Reviews must be legitimate. Any Rating and/or Review that we determine, in our sole discretion, to be disingenuous in any way, and/or could otherwise diminish the integrity of the Ratings and Reviews, the Materials and/or the Sites may be removed without notice.

Section 10 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. Please scroll down below to view our Privacy Policy.

Section 11 - Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Sites or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product delivery charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Sites is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related Sites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Sites, should be taken to indicate that all information in the Service or on any related Sites has been modified or updated.

Section 12 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Sites or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Sites, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Sites, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related Sites for violating any of the prohibited uses.

Section 13 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

 

We do not warrant that the results that may be obtained from the use of the service will be accurate, current, complete, correct or reliable; including without limitation, the quality of a delivery ordered on the sites, you (and not Foodie For All) assume the entire cost of all necessary servicing, repair or correction relating to your use of the sites, the materials and/or other content on the Sites.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

We are a facilitator of services – not a provider of services or prepared food. More specifically, We have created a marketplace for prepared food by bringing together customers and a select group of restaurants. We enable potential customers to search for restaurants and restaurants’ meal postings for the purpose of buying prepared food services. It is important for you to understand that We do not control or endorse any of Our site restaurants. Nor do We determine which foods, ingredients or their level of food quality that should be made available for sale through the site. As such, the responsibility is wholly yours to take the necessary measures to protect your health and safety. We cannot assure the good intention of any site User. Likewise, We are not in a position to identify the ingredients that may cause allergic reactions for those with food allergies. We merely are a facilitator, bringing together restaurants and those wishing to purchase prepared food services. Site Users concerned with food allergies need to be aware of this risk and must understand that We in no way screen the ingredients, health factors, or quality of any prepared food offered through the site, www.foodieforall.com.

 

Under no circumstances, including, but not limited to, negligence, shall the Released Parties be liable to you and/or any third party (whether in contract, tort (including, but not limited to, negligence) and/or otherwise) for any special, consequential, incidental, direct, indirect, and/or punitive damages, lost profits, lost data, lost opportunities, costs of cover, and/or any other loss and/or injury that results from the use of, and/or the inability to use, the Sites, the Materials, User Content and/or any other content on the Sites (including without limitation relating to any products and/or services accessed through or otherwise in connection with the Sites), even if the Released Parties have been advised of the possibility of such damages, other loss and/or injury.

 

You understand and acknowledge that (i) We do not control or endorse any restaurants, or accept responsibility for any prepared food, its quality, or any physical harm such prepared food may cause; (ii) any dealings you may have with Site restaurants or buyers are at your own risk; We will not be liable for any physical injury, or any other loss whatsoever, resulting from you dealings with other site Users, including as a result of face-to-face meetings with site restaurants; (iii) We will not be liable or responsible for any prepared food or services offered by Site Users that is unhealthy or that is the cause of any injury. We cannot possibly monitor the quality, nutritional and health factors associated with food prepared by the site restaurants; (iv) the sale and distribution of food, and especially prepared food, may be governed by various international, federal, state and local laws and regulations.

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless Foodie For All and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 15 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using the Sites.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 17 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on the Sites or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York.

Section 19 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Sites. It is your responsibility to check the Sites periodically for changes. Your continued use of or access to the Sites or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 - Contact Information

Questions about the Terms of Service should be sent to us at [email protected]

Privacy Policy

Section 1 - What Do We Do With Your Information?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

 

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

 

Email marketing: With your permission, we may send you emails about our store, new products and other updates.

Section 2 - Consent

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

 

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

 

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at [email protected] or mailing us at:

 

Foodie For All 130 W15th Street 6E New York New York US 10011

Section 3 - Disclosure

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

Section 4 - Third Parties

Hosting:

Your data is stored through third party data storage and databases on a secure server behind a firewall.

 

Payment:

Your credit card data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

 

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

 

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

Section 5 - Third Party Services

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

 

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

 

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

 

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

 

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

 

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

 

Links

 

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

Section 6 - Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

 

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Section 7 - Cookies

A cookie is a small piece of data that is sent by Foodie For All to your Internet browser and stored on your computer’s hard drive, and that delivers information about you and your activity on the Sites. Pixel tags and web beacons are small graphic files that can function in various ways (such as allowing us to track how you view an email that we send you, and track your activity on the Sites) and are commonly used in conjunction with cookies. We, our third party service providers and other third parties may use cookies, pixel tags, web beacons, and other similar technologies to better serve you with more tailored information and facilitate your ongoing use of the Sites. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies. To learn more about cookies, please visit the third party site http://www.allaboutcookies.org/. Some browsers allow you to indicate that you would not like your online activities tracked, using “Do Not Track” indicators (“DNT Indicators”), however we are not obligated to respond to these indicators. Presently we are not set up to respond to DNT Indicators. This means that latent information about your online activities may be used by us to improve your use of our Sites, but such usage is consistent with the provisions of this Privacy Policy.

Section 8 - Age of Users

This site is not directed to and/or intended for use by individuals under the age of thirteen (13), and we request that such individuals not use the Sites and not provide PII through the Sites.

Section 9 - Changes To This Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

 

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

Section 10 - Contact Information

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at [email protected] or by mail at

Foodie For All [Re: Privacy Compliance Officer]

130 W15th Street 6E New York New York US 10011