Food Inc Terms Of Service

Welcome to Food Inc.

This page sets out the terms and conditions of use (the “Terms”) which apply when you access our website www.foodinc.app and/or any Food Inc mobile application or related services (together, “Application”).

Please read these Terms carefully before creating a Food Inc account or using our Application. If you have any questions relating to these Terms please contact support@foodinc.app.

By setting up your Food Inc account or ordering products through the Application (whether now or in the future), you confirm that you accept and agree to be bound by these Terms. By accessing any part of the Application, you indicate that you accept these Terms.

If you do not accept these Terms, you should leave the Application immediately.

1. Information About Us

Food Inc is operated by Food Ventures Limited, a company incorporated and registered in Nigeria. You may contact us at support@foodinc.app, or by using the instant messaging facility on our Application.

2. Purpose

Our objective is to link you to our range of restaurant brands and their unique items which you can proceed to order with our Application to get those items delivered to your chosen location.

Delivery of your items ordered on our application are arranged directly by Food Inc except in the event you opt to pick up your order yourself from one of our locations.

3. Your Account

When you open an account you may create a password, or other secure login method, and may also have to provide bank card details. In order to increase the security of accounts, we recommend that you do not use the same login credentials as on other platforms. In any case, Food Inc does not guarantee the security of your account or profile.

In order to complete your registration you must provide certain details, such as: username, e-mail address, telephone number and bank card details, among others.

If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer. You must use your own, valid email address, and can have only one email address per account and only one account per customer.

You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Application (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff or riders, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue with an order, by applying a credit to your registered card, or if that is not possible for any reason, by way of a bank transfer using your bank details (provided you have supplied them to us).

4. Orders

You must be aged 18 or older to use our Application. By placing an order through our Application, you confirm that you are aged 18 or older. The images of the products listed on our Platform may be stock photographs used by us for illustrative purposes only. Although we will make every effort to be as accurate as possible.

The order page will allow you to make your order, review your order and make any corrections before confirmation. The order page leads to the checkout page where your order is to be confirmed and by confirming your order you agree that you have made all necessary corrections.

When you place an order through our Application, it needs to be accepted by us before it is confirmed. You will receive a notification if your order has been accepted. You are responsible for paying for all items ordered using your account, and for related delivery and service charges, and for complying with these Terms, even if you have ordered the item for someone else.

Once you have submitted your order and your payment has been authorised, you will not be entitled to change or cancel your order, nor will you be entitled to a refund. If you wish to change or cancel your order, you may contact our support team. However, there is no guarantee that we will be able to agree to your requests as we may have already started processing your order.

We may use nuts or other allergens in the preparation of certain Items. We will as best we can, display dish by dish allergens information. Where that information is not available or if you have an allergy and have further questions, please contact us prior to ordering. Food Inc cannot guarantee that any of the Items sold on our Application are free of allergens. It’s your responsibility to make us aware of any allergies or food intolerances you may have.

5. Payment

All payments made on our Application are processed by a third-party payment processor which provides a gateway for online payments. Payment for orders can be made in the following ways:

• through a closed-loop electronic wallet feature in the Application which you top up via the available payment channels. or
• through a debit card; or
• through bank transfers; or
• any other payment methods/channels our payment service partners may provide from time to time.

The payment processor is solely responsible for all payment transactions initiated on our Platform. The total price for each order you place is stated in the offer at checkout and is due for payment when the order is placed.

Funds you deposit into your electronic wallet can not be transferred/withdrawn into any Bank Account.

6. Delivery

When you place an order, we will tell you an estimated delivery time for your item before you place the order, but we will attempt delivery as soon as possible; you must therefore be available to accept delivery from the time you place the order.

• For a scheduled Delivery, we will tell you the time when the item is expected to be delivered; you must be available to accept delivery within the estimated arrival time.

We may also talk about delivery timing in our marketing communications. It's important that you always check our app for accurate delivery times, as this can vary for a number of reasons including meal preparation time, traffic and weather conditions and rider availability.

Unfortunately, despite our best efforts, factors may prevent us from delivering your order on time. If your order is more than 15 minutes later than the latest time we communicated to you when you placed the order, we will work with you to understand what occurred. If we think the issue was caused by us, we may offer compensation, at our sole discretion.

We will attempt delivery at the address you provide to us when you place your order. You will still be charged for the item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):

• You do not come to the door, do not provide a handover code, did not pick up the phone when the rider contacted you using the contact information you have provided us with and/or failed to provide access within a reasonable amount of time, and the rider is unable to find a safe location to leave the item.

If you have caused a failed delivery, you may also have to pay for any delivery and service fees paid.

7. Cancellation and Refund Policy

If you wish to cancel an order please contact us immediately, via our Application. Refunds are only issued upon confirmation and in the following circumstances:

• When you place an order for items that are sold out or unavailable
• When your order is not delivered or is lost or damaged in transit
• When some of the items in your order are missing upon delivery

If we confirm the scenarios above or any other reasonable circumstances, we will refund your payment (excluding any discount, or Voucher that was applied to the order).

Food Inc may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us and we will reimburse you for any payment already made.

Confirmed refunds may be credited to your Food Inc wallet or via bank account reversal by our payment processing partners. All refunds made for orders purchased using funds in your wallet will be returned exclusively to your wallet.

8. Data Protection

We process your personal data in accordance with our Privacy Policy which can be found here.

9. Intellectual Property Rights

We are the owner of or the licensee of all intellectual property rights in our Application, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.

10. Electronic Communication

By accessing and using our Application, you consent to receiving electronic communications, and that all notices, disclosures and other communications we provide to you electronically through emails or displayed on our Application satisfy any legal requirement for written communications.

11. Our Liability

We have taken every care in the preparation of our Application. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Application. If we are informed of any inaccuracies on our Application we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Application and any website linked to our Application and any materials posted on it. Food Inc is not liable and you agree not to hold Food Inc liable for any damages or losses resulting either directly or indirectly from:

• delays or disruptions in our services, software, and platform;
• your use or inability to use or access our Application;
• any damage caused by a virus or other technologically harmful material that may infect your electronic devices due to the use of our Application or any website linked to it.
• We will not be liable to you or any third party for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable arising in connection with use of or inability to use our Application.

12. Promotional Codes

We may, at our sole discretion, create promotional codes that may be redeemed for purchase discounts, or other features or benefits related to the Application, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). You agree that Promo Codes:

• must be used for the intended purpose, and in a lawful manner;
• may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise);
• may be disabled by Food Inc at any time for any reason without liability to Food Inc;
• may only be used pursuant to the specific terms that Food Inc establishes for such Promo Code;
• are not valid for cash; and
• may expire prior to your use.
• We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these terms.

13. Term and Termination

These terms of use become effective from the date you start using our Application and continues until it is terminated by either you (through the closing of your account) or us.

14. Variations

We may change these Terms from time to time. If we make any material changes which affect your rights in relation to our Application, we will notify you.

15. Severability

If any of these terms of use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by Nigerian law.

16. Governing Law

These terms of use are governed by Nigerian law. In the event of a dispute regarding the validity, interpretation and/or execution of these terms, the parties submit to the exclusive jurisdiction of the Nigerian courts.

17. Your Concerns

If you have any concerns about material which appears on our Service, please contact support@foodinc.app.