BEFORE YOU CHECK “I ACCEPT”, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING “I ACCEPT” OR USING THE WEBSITE IN ANY MANNER, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE OUR SERVICES. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO YOUR USE OF THE WEBSITE AFTER THE DATE OF SUCH CHANGE.
We further reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Materials and/or Services (or any part thereof) with or without notice. You agree that, unless we have agreed otherwise in writing, we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Materials and/or Services (or any part thereof).
All restaurant-supplied content (including menus), information, materials, files, communications, documents, text, videos and images are referred to collectively as “Restaurant Content.” “Our Content” or “Company Content” means all materials provided by us. The terms and conditions expressed in this agreement apply to all users and visitors of this Site and the App, and we may refer to all Site and App users as “you” or “your/s” in this Agreement.
In order to access or to make use of the App, Materials and/or Services (including to place orders and request deliveries) you will need to register and create a user account (an “Account”). You also agree:
In addition to the Materials and Services offered by us, this Site and the App also make available materials, links, information, products and/or services provided by local restaurants (collectively, the “Restaurant Products and Services”). The Restaurant Products and Services may be governed by separate agreements that accompany such products or services. We offer no guarantees and assume no responsibility or liability of any type with respect to the Restaurant Products and Services. You understand and agree that we merely provide you with a platform through which to order from local restaurants and have the food delivered directly to you. We do not represent any of the restaurants we feature on our Site or App and take no responsibility for the quality of food ordered through the Site or App. You agree that you will not hold us responsible or liable with respect to Restaurant Products and Services or seek to do so, even if we recommended the particular restaurant. You further understand and agree that all dealings with restaurants accessed through the Site or App is at your own risk. We are not a party to any transactions between you and restaurants accessible through the Site or App; you understand that we merely facilitate the transaction.
Except as expressly indicated to the contrary elsewhere on this Site, you may use, view, and download Our Content and Restaurant Content available on this Site and App subject to the following conditions:
The rights specified above to view, use and download Our Content and Restaurant Content available on this Site and App are not applicable to the design or layout of this Site and the App. Elements of this Site and the App are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
The trademarks, logos, and service marks, including the “foodinghub” trademark, (the “Marks”) displayed on this Site and the App are the property of the Company or other third parties. You are not permitted to use the Marks without the prior written consent of the Company or such third party that may own the Marks.
You understand and agree that by placing an order with a restaurant through the Site or App, the particular restaurant will charge your provided credit card for the amount of the order and we will charge your credit card for the delivery charge. By placing an order you expressly authorize us and our partners (including restaurants) to charge your debit/credit card in accordance with your order and in accordance with this Agreement and any other applicable policies on our Site or on the App.
VAT and delivery costs: Prices will be as quoted on the Website. These prices include VAT but may exclude delivery costs (if you opt for delivery instead of collection) and any online payment administration charge imposed by the Restaurant (if you pay for your Order online). These will be added to the total amount due where applicable.
Incorrect pricing: This Website contains a large number of menus and it is possible that some of the menus may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you before the relevant Order is dispatched. In such an event, neither we nor the relevant Restaurant is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
Payment methods: Payment for Orders must be made by an accepted credit or debit card through the website or in cash to the Restaurant or delivery driver at the point of order collection.
Card payments: If you pay by credit or debit card, you may be required to show the card to the Restaurant at the time of delivery as proof of identification and so that they can check that the card conforms with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the Website and endorsed by foodinghub, and you pay for any balance by credit or debit card.
Please note that because of standard banking procedures, your bank or card issuer will initially "ring-fence" the full amount of the Order (before any credit or discount) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period.
Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by the Restaurant or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
7. MANAGING USER CONDUCT
Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you can check your order status by providing your order ID or alternatively you can contact our Customer Care Team as described above and one of our Customer Care Advisers will attempt to contact the Restaurant in order to follow up on your query.
Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact our Customer Care team as described above and they will attempt to contact the Restaurant or Driver (Courier) in order to communicate your requests. However, there is no guarantee that we will be able to reach the Restaurant/Driver (Courier) or that the Restaurant will agree to your requests as they may have already started processing your Order.
Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by a Restaurant/Driver (Courier), please consider providing feedback in the form of ratings, comments and reviews on the Website (together, "Reviews") to reflect your experience. The Reviews are an important part of our quality control process.
Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Restaurant/ Driver (Courier) and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Restaurant directly or local foodinghub area manager (if the restaurant is catagorised as powered delivery by foodinghub) lodge your complaint and, where appropriate, follow the Restaurant's own complaint procedures. You will receive contact details in the form of email or sms once the order is successfully submitted. If you are unable to contact the Restaurant, or the Restaurant refuses to deal with your complaint, you can contact our Customer Care Team as described above within 48 hours of placing your Order and one of our Customer Care Advisers will attempt to contact the Restaurant in order to request compensation on your behalf. Please note that we have no control over Restaurants and the quality of the Products or service that they provide, and we not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Restaurant.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND US, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES OR MATERIALS OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE OR SOFTWARE APPLICATIONS WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES OR MATERIALS OBTAINED THROUGH THE SITE OR APP, OR ANY DEFECTS IN THE SITE OR APP, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT COMPANY IS NOT AN AGENT OF ANY OF THE RESTAURANTS FEATURED ON THE SITE OR APP AND MAKES NO REPRESENTATIONS WHATSOEVER ABOUT SUCH RESTAURANTS’ FOOD OR SERVICE. YOU UNDERSTAND AND AGREE THAT THE COMPANY MERELY OFFERS A DELIVERY PLATFORM TO ENABLE YOU TO OBTAIN DELIVERY SERVICES FROM LOCAL RESTAURANTS. BECAUSE THE SERVICES RELY ON THIRD PARTIES FOR THE DELIVERY SERVICES, COMPANY MAKES NO REPRESENTATIONS AND EXPRESSLY DISCLAIMS ANY WARRANTIES WITH RESPECT TO THE TIMING OF THE DELIVERIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL COMPANY OR ITS OFFICERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE AND ANY OF THE MATERIALS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, COMPANY SHALL HAVE NO LIABILITY TO YOU FOR THE QUALITY OF FOOD/DRINK DELIVERED THROUGH USE OF THE SITE/APP OR FOR ANY PERSONAL INJURY RESULTING FROM POOR FOOD QUALITY, ALLERGIES OR ANY OTHER FEATURE OR INGREDIENT OF FOOD/DRINK OBTAINED THROUGH THE DELIVERY SERVICES PROVIDED BY THE SITE/APP. YOU UNDERSTAND THAT THE COMPANY MERELY OFFERS A DELIVERY PLATFORM AND THAT IT TAKES NO RESPONSIBILITY WHATSOEVER WITH RESPECT TO FOOD ORDERED THROUGH THE SITE/APP. YOU FURTHER UNDERSTAND AND AGREE THAT FOOD/DRINK ORDERED THROUGH THE SITE/APP IS DELIVERED TO YOU BY THIRD PARTY INDEPENDENT CONTRACTORS. WE DO NOT HAVE LEGAL CONTROL OVER THESE INDIVIDUALS AND THEY ARE NOT OUR EMPLOYEES. WHEN YOU PLACE AN ORDER FOR DELIVERY, THE DELIVERY PERSON/DRIVER BECOMES YOUR AGENT IN PICKING UP THE FOOD/DRINK AND DELIVERING TO YOU; WE ARE NOT A PART OF THAT TRANSACTION OTHER THAN FACILITATING THE INTERACTION BETWEEN THE PARTIES. ACCORDINGLY YOU AGREE THAT COMPANY WILL NOT BE LIABLE TO YOU FOR ANY ACTION OR OMISSION BY A DELIVERY PERSON/DRIVER, INCLUDING PHYSICAL INJURY CAUSED BY ANY SUCH INDEPENDENT CONTRACTOR.
11. INDEMNITY AND LIABILITY
This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. You agree that any dispute, claim or controversy arising out of or relating to your use of the Site or Services, these Terms or the breach, termination, enforcement, interpretation or validity thereof (collectively, “Disputes”) will be settled by binding arbitration between you and Company, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. This “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect. The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitration proceedings shall take place in San Diego County, California
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.