Terms and conditions
- the Foodclub Services are provided “as it is” without warranties of any kind and Foodclub's liability to you is limited;
- you may receive text messages and emails from or on behalf of Foodclub as a part of the Foodclub Services at the cell phone number(s) and email addresses provided by you to Foodclub, and you consent to receiving such text messages.
The Website is owned and operated by Foodclub FZCO, a company incorporated under the laws of United Arab Emirates and Emirate of Dubai, with registered office at UAE, Dubai, Silicon Oasis, Headquarter building, “E” wing, Office 203/204/205, P.O. Box: 341029. Foodclub reserves the right to modify or discontinue, temporarily or permanently, and at any time, the Website and/or the Foodclub Services (or any part thereof) with or without notice. You agree that Foodclub shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Foodclub Services. Please note that Foodclub may modify these Terms from time to time, and any change to these Terms will be reflected on the Website (with revisions being indicated by date), and you agree to be bound to any changes to these Terms when you use the Website or the Foodclub Services. Foodclub may also, in its sole and absolute discretion, choose to alert via email all users with whom it maintains email information of such modifications. It is therefore important that you regularly review these Terms and keep your contact information current in your account settings to ensure you are informed of any such changes. Also, occasionally there may be information on the Website or within the Foodclub Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and Foodclub reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
THE WEBSITE AND THE FOODCLUB SERVICES
Foodclub allows its members ratified the agreement to make the order online from the restaurants through its Website/application.
Foodclub acts as a facilitator or communication between the User and the Restaurant displayed on this Website.
The matters related to purchase and supply of the ordered food is solely between You and the Restaurant, and Foodclub shall not be responsible for any guarantee of the quality or standard of food. This website only offers to the users ability to search for and find convenient restaurants and to make online order of food, as well as to make the restaurants deliver the order to the addresses of the users.
ORDER CANCELLATION OR MODIFYING
An order can be modified and canceled by user up to 5 (five) minutes after placing the request on the website. Any modification with the restaurant will be subject to the same being accepted by the restaurant. Foodclub and/or appropriate restaurant has the right to cancel any order from inaccurate and incorrect information.
MENU ITEMS AND PRICES CHANGE
Menu items and prices might have been changed by the Restaurant since the website was updated last time. Foodclub does not guarantee prices or availibility of menu items.
Once the order has been accepted, this indicates an agreement between the customer and the restaurant. The restaurant has sole responsibility for this order.
The customer is liable to pay by cash upon delivery any extra charges the restaurant might charge as a result of the special request placed by the customer.
Cash payments are made directly to the restaurant upon delivery to fulfill the order. If you have chosen to pay with credit or debit card on the website then the transaction is processed by Telr – as a merchant service provider of Foodclub. Delivery charges are calculated per order and based on the policy of the individual restaurant. Any delivery charges or any other fees will be displayed clearly in your total order amount.
Foodclub accepts payment by Visa or Mastercard debit and credit cards in AED for its products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers.
Customers using the Debit / Credit Cards facility are requested to be available on their respective contact numbers.
The customer would be reimbursed by the restaurant in case the restaurant faced the inconvenience of a missing item (Reimbursement applicable only for the missing item and is subject to the restaurant own reimbursement policy).
Credit or Debit cards used in placing orders through the online payment gateway on Foodclub website or applications must belong to the user. Otherwise, the user must attain the legal permission from the card owner to perform the transaction.
The customer is entirely liable for placing an order using the Debit / Credit Cards facility after carefully reading all the terms & conditions.
The cardholder must retain a copy of transaction records and Merchant policies and rules.
Payment confirmation. Within 5 (five) minutes after order placing Foodclub will send a payment confirmation email to the address mentioned by the Customer during the order placing.
During ordered food delivery made by restaurants, if the customer is not available in the address specified in the system, the meals ordered by the customer shall not be delivered to anywhere else. Within the framework of such a case, the user must accept all legal responsibilities arising from ordering food to an address where he/she does not exist.
Foodclub takes customer satisfaction very seriously. If you have any problems with your order, we ask that you contact the Restaurant directly, but, if you have not been able to resolve your issue with the Restaurant to your satisfaction, please contact Foodclub and we will try to assist you.
The customer refund procedure might take 5-14 working days after approval to process on the Debit /Credit Cards payment gateway. Refunds will be made onto the original mode of payment. The customer has to follow on with the bank in case of any delay in crediting back the customer’s account with the amount previously paid by the customer. We will send an email to the customer that contains a printout of the refund advice printed from Debit / Credit Cards bank payment gateway as reference in case the customer wants to revise the bank with.
Only for orders paid online refund is possible done under following conditions:
- Cancellation upon users request for cases as follows, order has not been transmitted to the restaurant, order has been transmitted to the restaurant but has not been prepared or order has been prepared but restaurant confirmed the cancellation of the order.
- Partial or full cancellation of an order due to the absence of ordered product or products in the restaurant
- Cancellation due to user’s address not being within restaurant’s delivery regions
- Cancellation due to failure in order transmission to the restaurant
- Cancelattion after restaurants approval due to dissatisfaction with the ordered product; and
- Cancellation after restaurants approval due to delay on delivery of the ordered product.
You may cancel the order if the delivery time exceeded the restaurant delivery promise time; your paid amount will be refunded back to your account.
Refund for orders with a payment method other than online, will be done by the partner restaurants listed at Foodclub. Foodclub accepts no responsibility for conflicts that might be related with refund conditions done by restaurants.
USER REPRESENTATIONS, WARRANTIES AND COVENANTS
By using the Website and/or the Foodclub Services, you represent, warrant, and covenant that:
- all registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information;
- you will keep your password confidential and will be responsible for all use of your password and your account;
- your use of the Website and the Foodclub Services does not violate any applicable law.
- You are at least 18 years old. The customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website;
If you use Foodclub website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. Foodclub shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
The Website and the Foodclub Services allow users to interact with other users by uploading content to the Foodclub Service, including reviews, comments, photos, images and other types of works (your “Contribution(s)”). You retain copyright and any other proprietary rights that you may hold in the Contributions that you post to the Foodclub Service.
You are entirely responsible for the content of, and any harm resulting from, your use of and uploading of your Contributions. When you publish or post a Contribution, you thereby represent and warrant that:
- the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
- you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Foodclub, the Website, and the Services, and all uses thereof, to use your Contributions as necessary to exercise the licenses granted by you under these Terms;
- your Contribution is not (in all cases as determined by Foodclub in its sole and absolute discretion) obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United Arab Emirates, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
- your Contribution does not constitute, contain, installor attempt to install or promote your Contribution does not contain any viruses, worms, Trojan horses, malicious code, spyware, malware or other or any other computer code or harmful or destructive content, whether on Foodclub’s or others’ computers or equipment, including any computer code designed to enable you or others to gather information about or monitor the activities of another party;
- your Contribution does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;
- your Contribution does not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation; and
- your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Foodclub in its sole and absolute discretion.
By posting Contributions, you automatically grant, and you represent and warrant that you have the right to grant, to Foodclub an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, modify, reformat, translate, excerpt (in whole or in part), create derivative works of and distribute such Contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the Website, the Foodclub Services or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of theforegoing.
Foodclub has the right, in its sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of these Terms.
Foodclub may accept, reject, or remove any Contributions, including restaurant reviews in its sole and absolute discretion, but Foodclub has absolutely no obligation to screen or delete
Contributions, even if someone considers a particular Contribution to be objectionable or inaccurate. If you are posting a review of a restaurant, your review must comply with the following criteria: (1) you should have firsthand experience with the restaurant; (2) you are not affiliated with any competitors of the restaurant; (3) you will not make any conclusions as to the legality of the restaurants products, services, or conduct; and (4) your review must comply with the other Contribution representations, warranties, covenants, and other agreements in these Terms. Reviews are not endorsed by Foodclub (including its Website and the Foodclub Services), and do not represent the views of Foodclub or of any affiliate or partner of Foodclub. Foodclub does not assume liability for any review or for any claims, liabilities or losses resulting from any review.
SUBMISSIONS AND FEEDBACK
In addition to the rights granted by you with respect to your Contributions, you acknowledge and agree that all questions, comments, suggestions, ideas, feedback or other information regarding the Website and/or the Foodclub Services (“Submissions”) provided by you to or via Foodclub, the Website, or the Foodclub Services are non-confidential and Foodclub (as well as any designee of Foodclub) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Website and the Foodclub Services are for personal, noncommercial use only (unless specifically endorse or approved by Foodclub). You may not access or use the Website for any other purpose other than the legitimate review and request for food and beverage products, and pick-up and delivery services in connection therewith, provided by the Restaurants. Additionally, the following uses and activities of and with respect to Foodclub, including the Website and the Foodclub Services, are prohibited:
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by Foodclub;
- systematic retrieval of data or other content from the Website or the Services to create or compile, directly or indirectly, any collection, compilation, database or directory;
- engaging in unauthorized framing of or linking to the Website or the Foodclub Services;
- transmitting chain letters or junk email;
- using any information obtained from the Website or the Foodclub Services in order to contact, advertise to, solicit, or sell to any user;
- engaging in any automated use of the Website or the Foodclub Services, or any system or component thereof, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
- interfering with, disrupting, or creating an undue burden on the Website or the Foodclub Services or the networks or services connected or linked thereto;
- attempting to impersonate another user or person;
- using the username of another user;
- selling or otherwise transferring your profile;
- using any information obtained from the Website or the Foodclub Services in order to harass, abuse, or harm another person;
- using the Website or the Foodclub Service as part of any effort to compete with Foodclub, the Website, or the Foodclub Service or to provide services as a service bureau;
- deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website or the Foodclub Services;
- attempting to bypass any measures of the Website or the Foodclub Services designed to prevent or restrict access to the Website or the Foodclub Services, or any portion of the Website or the Foodclub Services;
- harassing, annoying, intimidating or threatening any Foodclub employees or agents engaged in providing any portion of the Foodclub Services;
- displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the
- Website or the Foodclub Services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
- deleting the copyright or other proprietary rights notice from any Contribution or any portion of the Website or the Foodclub Services (including any content therein and thereof); and
- using the Website and/or the Foodclub Services in any manner inconsistent with any and all applicable laws and regulations.
INTELLECTUAL PROPERTY RIGHTS
As between you and Foodclub, all of the content included in and as a part of the Website and the Foodclub Services (including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, the “Foodclub Content”), including all trademarks, service marks, and logos contained therein (“Marks”), is the property of or is licensed to Foodclub, and are subject to copyright and other intellectual property rights under United Arab Emirates and foreign laws and international conventions. Foodclub reserves all rights in and to the Website, the Foodclub Services, and the Foodclub Content and Marks. Subject to your agreement to, compliance with, and except as otherwise prohibited by, these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website and the Foodclub Services; the license granted hereby does not include any resale or commercial use of the Website, the Foodclub Services, or the Foodclub Content. If you download or print a copy of the Foodclub Content for personal use in accordance with the limited license granted herein, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Foodclub Content or enforce limitations on use of the Website or the Foodclub Content therein.
THIRD PARTY WEBSITES AND CONTENT
The Website and Foodclub Services may contain, or you maybe sent through the Website or the Foodclub Service to, links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Foodclub (including the Website and the Foodclub Services), and Foodclub (including the Website and the Foodclub Services) are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you agree that Foodclub (including the Website and the Foodclub Services) shall have no responsibility with respect thereto. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or through the use of the Foodclub Services or as may otherwise relate to any applications that you use or install from the Website or through the Foodclub Services. Any purchases you make through Third Party Websites will be through and from the applicable third party, and Foodclub (including the Website and the Foodclub Services) takes no responsibility whatsoever in relation to such purchases, which you agree are exclusively between you and the applicable third party.
Foodclub reserves the right but does not have the obligation to:
- monitor the Website and the Foodclub Services for violations of these Terms;
- take appropriate legal action against anyone who, in Foodclub’s sole and absolute discretion, violates these Terms, including without limitation, reporting such person to law enforcement authorities;
- in Foodclub’s sole and absolute discretion, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate these Terms or any applicable policy of Foodclub, the Website, and/or the Foodclub Services;
- in Foodclub’s sole and absolute discretion, remove from the Website or the Foodclub Services, or otherwise disable all files and content, that are excessive in size or are in anyway burdensome to the Website’s or the Foodclub Services’ systems; and
- otherwise manage the Website in a manner designed to protect the rights and property of Foodclub and others and to facilitate the proper functioning of the Website and the Foodclub Services.
OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES. Foodclub will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not countryspecific.
TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the Website or the Foodclub Services. You may terminate your use or participation at any time, for any reason, by either ceasing to use the Website and the Foodclub Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, FOODCLUB RESERVES THE RIGHT TO, IN FOODCLUB’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE FOODCLUB SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION, AND FOODCLUB MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE FOODCLUB SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN FOODCLUB’S SOLE AND ABSOLUTE DISCRETION.
Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms, shall be deemed to survive for as long as necessary to fulfill such purposes.
Your use of the Foodclub Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Foodclub Service or certain features of the Foodclub Service that we may post on or link to on the Foodclub Service (the "Additional Terms"), such as end- user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Foodclub Service. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
DISPUTE RESOLUTION AND GOVERNING LAW
These Terms are governed by the laws of the United Arab Emirates. Any controversies or disputes arising out of or relating to this Terms shall be resolved amicably. In case if the disputes can not be resolved amicably it should be resolved by court in accordance with the legislation of the United Arab Emirates.
If there is a dispute between users of the Website, or between users and any third party (including any Restaurant), you understand and agree that Foodclub (including the Website and the Foodclub Services) is under no obligation to become involved. In the event that you have any such dispute between users and any third party (including any Restaurant), you hereby release Foodclub (including the Website and the Foodclub Services), its directors, officers, employees, service providers, affiliates, agents and successors from all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
Foodclub cannot control the nature of all of the content available on the Website or through the Foodclub Services, or the products and services being sold by the Restaurants therein. By
operating the Website and providing the Foodclub Services, Foodclub does not represent or imply that Foodclub endorses any Restaurant, Contributions, or any other content or products available on or linked to by the Website or through the Foodclub Services, or that Foodclub believes any products, Contributions, or other content to be accurate, useful, or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable products or content you may encounter on the Website or through the Foodclub Services or in connection with any Restaurants, Contributions, or other third parties.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND FOODCLUB SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FOODCLUB, ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND FOODCLUB SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FOODCLUB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND FOODCLUB SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE PRODUCTS, SERVICES, OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THROUGH THE FOODCLUB SERVICES. FOODCLUB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FOODCLUB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FOODCLUB OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR FOODCLUB SERVICES, EVEN IF FOODCLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The restaurants shall be solely responsible for compliance with applicable local laws, regulations, rules and standards related to preparation, selling, delivering, marketing and safety of food and its components.
Foodclub will not be held liable for any food provided by the restaurants that are rotten, not valid, causes harm, not acceptable to You or do not meet your expectations in any way. Foodclub does not in any way guarantee matching the menu displayed on the site of what actually provided to the users.
The user is solely responsible person for verifying the accuracy of delivery addresses and related description. Foodclub shall not be responsible for the wrong addresses entered by user.
You agree to defend, indemnify and hold Foodclub, its subsidiaries, and affiliates, and their respective directors, officers, employees, service providers, and agents (collectively, the “Foodclub Indemnitees”) harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any party due to or arising out of your Contributions, your use of the Website, or your use of Foodclub Services, including, without limitation use in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations, warranties, or covenants set forth in these Terms. Notwithstanding the foregoing, Foodclub reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify and Foodclub Indemnitee, and you agree to cooperate, at your expense, with Foodclub’s defense of such claims. Foodclub will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
These Terms constitutes the entire agreement between you and Foodclub regarding the Website and the Foodclub Services. The failure of Foodclub to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operates to the fullest extent permissible by law. These Terms and your account may not be assigned by you without our express written consent. Foodclub may assign any or all of its rights and obligations to others at any time. Foodclub shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Foodclub’s reasonable control. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
FoodClub At Your FingertipsYou can use FoodClub any time, anywhere.
Our mobile app is available free of charge for most devices and can be used anytime, anywhere to order your favorite meal and satisfy your cravings.