Terms of Service – Foodango
In this Terms of Service, Foodango explains its services and how users can enjoy it by abiding by its Terms. These Terms of Service is a part of Foodango’s Terms and Conditions and must be read alongside with our Terms and Conditions. Your continuous use of the site amounts to acceptance of these Terms of Service. We strongly advice that you read these Terms of Service before accessing the services on our site. These Terms of Service also creates a legally binding relationship between you and Foodango. You hereby warrant by using Foodango that you are of legal age to enter into a contract.
Foodango provides the following services:
Foodango provides advertising and marketing services to restaurants or eateries independently operated and owned by third parties by featuring them on its website.
The Restaurants are exclusively in charge of observing all standard practices, applicable laws, rules and regulations including but not limited to those relating to the preparation, sale of, marketing, and packaging all foods ordered through Foodango’s site. The Restaurants are also responsible for providing Foodango with its latest menu.
Each Restaurant is solely liable for the quality, safety, and freshness of its dishes.
Foodango employs the services of independent contractors such as courier to render delivery services. Foodango is not responsible or liable for any independent contractor’s delay in providing the services. Courier services are solely responsible for their efficiency and ability to deliver foods and related products timely. Notwithstanding, complaints from users on the conduct or delays by courier services shall lead to termination of their services by Foodango. Couriers are required to comply with all applicable laws, rules and regulations.
Foodango provides food ordering and delivery services to users or clients who subscribe for its services on its site.
Users who make an order are solely responsible for verifying the accuracy of their delivery address. Users agree that Foodango is released from any and all liability or responsibility for any such erroneous addresses. Users further agree that they are solely responsibility for any liability arising from the provision of erroneous delivery addresses.
To the degree that Users are asked to post reviews of restaurants or other businesses and rate them, such reviews and ratings are considered user’s content and are governed by this Terms of service. Reviews and Ratings do not represent our views of certain or all restaurants and are neither endorsed by us.
Foodango is not responsible or liable for reviews and ratings or for any claims for loss of reputation, goodwill or any economic losses arising from such reviews and ratings.
Users agree to assist in maintaining transparency and integrity of Foodango in the review and rating process by:
Not reviewing or rating any restaurant or business which Users’ have an affiliation with.
Not reviewing or rating any Users’ Competitor’s Restaurant or business irrespective of if the User’s affiliation is direct or remote.
Basing any review or rating on first-hand experience with the restaurant or business and not on hearsay experience.
Not reviewing or rating a restaurant or business in exchange for a fee or freebies such as food.
All reviews and ratings must be in accordance with this Terms, where we determine, in our sole discretion, that any review or rating can diminish the integrity of the review and rating process we shall delete such review and rating without notification to the user.
By using Foodango’s Services, you agree that:
You will not use the Services to cause nuisance, annoyance or inconvenience.
You will not abuse our services.
You will not attempt to gain unauthorized access to any part of our site and/or to any service, account, resource, computer system and/or network connected to any Foodango server.
You will not conduct any systematic retrieval of data or other content from our site, software or services.
You will not use the Services for illicit purposes.
You will not use the Services for sending or storing any illicit material or for duplicitous purposes.
You will not copy or dispense the software, or any content displayed through the site without prior written consent from Foodango.
You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the site except for your personal use.
The information you provide to us when you register an account or otherwise communicate with us is precise. You will promptly inform us of any alterations to such information, and you will provide us with whatever proof of identity we may reasonably request.
You will not use our Services, or any content accessible through our Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Restaurant, user, unless the Foodango has given you a written authorization to so do.
You are aware that when requesting our services by SMS text messages, standard messaging charges will apply.
You will keep secure and confidential your account password or any identification credentials which allows you access to our Services.
You will only use our services for your own use and will not resell either the software or services to a third party.
You will not use our site or software in any way that could damage, disable, overburden or impair any Foodango server, or the networks connected to any Foodango server.
You will not deep-link to our site or access our site manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of our site or any content on our site, unless with the written permission of Foodango.
You will not copy any content displayed through our services, including but not limited to Restaurants’ menu content and reviews, for republication in any format or media.
You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of our site or services.
Violations of any of these Terms of your use of our site and services may result in termination of your account. We reserve the sole right in our discretion to modify these limitations.
Foodango shall provide you with interactive opportunities through it site such as the ability to rate and review a restaurant or delivery services or to write a comment or send a feedback. You warrant that you are the owner of, or otherwise have the right to provide, all contents that you submit, upload and/or otherwise transmit through our site.
By uploading contents, you grant Foodango a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute content to you in connection with such uses, without approval by you or notice to you.
You further grant Foodango a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the content in connection with Foodango’s business and in all forms now known or hereafter invented (“uses”), without notice to and/or approval by you.
These Terms of Service shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. The parties submit to the exclusive jurisdiction of the courts in New York.