Foodosti USA Consumer Terms and Conditions

Last Updated : 13th April, 2024

INTRODUCTION

These Terms of Service (“Terms”) establish a legally binding agreement between you and Foodosti, LLC., along with its subsidiaries, representatives, affiliates, officers, and directors (referred to collectively as “Foodosti”). These Terms govern your utilization of Foodosti’s versatile platforms (“DeliveryDost, Foodosti Partners, Foodosti”), along with any associated content or services, including mobile and/or web applications (referred to as “Applications” or the “Foodosti App”), collectively known as the “Services.”

IMPORTANT: PLEASE BE ADVISED THAT THESE TERMS OF SERVICE CONTAIN PROVISIONS THAT GOVERN HOW YOU CAN BRING CLAIMS BETWEEN YOU AND FOODOSTI, INCLUDING THE ARBITRATION AGREEMENT IN SECTION 2 BELOW. THESE TERMS OF SERVICE OUTLINE HOW SUCH CLAIMS ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS OF SERVICE. PLEASE REVIEW THE ARBITRATION AGREEMENT IN SECTION 2 CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH FOODOSTI ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. BY AGREEING TO THESE TERMS OF SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS OF SERVICE AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Notwithstanding the foregoing, if you choose, now or in the future, to provide transportation (e.g., ride-hailing), logistics (e.g., freight), delivery (e.g., food, packages, and other goods) and other services (collectively, “Third-Party Services”), these Terms of Service do not supersede or otherwise impact the enforceability of any agreements you may have with Foodosti or its subsidiaries regarding such Third-Party Services (e.g., the Platform Access Agreement, the Technology Services Agreement, and/or any similar agreements). To the extent (but only to the extent) any agreement you may have with Foodosti regarding Third-Party Services conflicts with these Terms of Service, those agreements (and not these Terms of Service) will prevail with respect to any disputes arising from your provision of Third-Party Services; otherwise, any relevant provisions in these Terms of Service apply.

AGREEMENT TO TERMS

A party agrees to terms and conditions herein, and those (e.g., Terms related to Consumer, Drivers, Foodosti Partners, etc.) incorporated herein by reference by:

Using any of the Foodosti Platforms (Foodisti, DMS, Partners App);
Clicking to agree to this Agreement on a computer interface; or
Signing an agreement that includes, links to, or incorporates this Agreement.

Authority to bind Consumer – The party that accepts and agrees to this Agreement, by doing so, represents and warrants that they have the authority and capacity to accept and agree to this Agreement on behalf of, and legally bind, the party, and its applicable legal entities(s).
Acceptance of Arbitration – This Agreement contains provisions which will govern any claims that the parties may have against each other, including a mandatory arbitration provision.
These Terms and Conditions (“Terms”) govern your/Consumer’s use of the Foodosti Platform, including any websites, applications, devices, or APIs that are operated by Foodosti or its subsidiaries and affiliates (collectively, the “Foodosti Platform”). This Agreement applies to all visitors, users, and other parties who access the Foodosti Platform (each, hereafter, a “user”).
By using the Foodosti Platform(s), you agree to be bound by these Terms.
THE DISPUTES & ARBITRATION PORTION OF THESE TERMS PROVIDES THAT ANY CLAIMS THAT YOU AND FOODOSTI HAVE AGAINST EACH OTHER, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS, WILL, WITH LIMITED EXCEPTIONS, BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST FOODOSTI ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ALSO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE THE DISPUTES & ARBITRATION SECTION FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
The Foodosti Platform includes a technology platform that presents you with a set of one or more Merchant Parties, via virtual storefronts from which you can: select goods prepared by Merchant Parties and delivery to your location by one or more Delivering Parties, or, if available, for you to pick up in-store. Depending on the Merchant Party from whom you purchase goods through the Foodosti Platform, delivery may be performed by Delivering Parties, which may include Merchant Party personnel, independent contractors, and third-party logistics providers (collectively, “Delivering Parties”).
You acknowledge that Foodosti does not supervise, employ, direct, or control the performance of Delivering Parties or Merchant Parties, and that these Parties and other providers are neither employed by, nor in any partnership or joint venture or agency relationship with Foodosti or Foodosti, LLC.
When you use the Foodosti Platform to place an order for goods, you authorize the purchase of those goods from the Merchant Parties you select and, if you have selected delivery via the Foodosti Platform, the delivery of those goods by Delivering Parties. Unless otherwise specified, you acknowledge and agree that the Delivering Party is acting as your agent in the ordering, picking, packing, preserving, and/or delivery of goods purchased by you, and that the Merchant Party—not the Delivering Party and not Foodosti—is the seller of the goods to you. You agree that your purchase is being made (e.g., cooked, prepared, etc.) by the Merchant Party you have selected, that Merchant Party is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable Merchant Party’s storefront (e.g., a digital storefront available via the Foodosti Platform). You agree that Foodosti or the applicable Merchant Party will obtain an authorization for your credit card, debit card, or other payment method to cover the cost of the goods you have purchased from the Merchant Party and any separate Foodosti fees, Delivering Party fees, and optional tips, and that your payment method will be charged for the goods purchased by you and any applicable fees, taxes and/or tips.
Foodosti may change the fees it charges for the Foodosti Platform, including but not limited to delivery fees, priority fees, service fees (including additional service fees and/or surcharges to help offset specific costs), alcohol service fees, heavy order fees, long distance fees (for deliveries outside the delivery area for a Merchant Party), special handling fees or any additional fees Foodosti sees fit. Foodosti may vary certain fees based on demand, order attributes, and/or other factors. Your payment instrument will be temporarily authorized for an amount greater than the total amount of the purchase appearing in the original check out. This higher authorized amount will be disclosed during the purchase process and is a temporary authorization charge on your order, to deal with situations where your total purchase amount turns out to be higher than the original amount due to special requests, added items, replacement items, weight adjustments, or tips that you may elect to add after delivery. Merchant Parties may set the prices of the goods on the Foodosti Platform, and some Merchant Parties may set prices for goods on the Foodosti Platform that differ from in-store prices, differ between storefronts, or differ from the prices available on other online platforms, in-person stores, or Foodosti Platform. The prices displayed on the Foodosti Platform may not be the lowest prices at which the same goods or items are sold. Individual Merchant Parties may operate multiple storefronts with different pricing, selection, and order fulfillment. You can view each Merchant Party’s pricing policies (which may change from time to time) on their storefront(s) on both the website and in the Foodosti Platform.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement available via Foodosti, Foodosti does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Foodosti Platform.
Unless otherwise indicated, all prices and other amounts may be in the currency of the jurisdiction where the delivery takes place.
Occasionally there may be information on the Foodosti Platform that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotional offers, and product availability. Foodosti reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Foodosti Platform is inaccurate at any time without prior notice (including after you have submitted your order and/or your payment method has been charged).

FOODOSTI SERVICES

The Foodosti platform(s) provide you and other consumers with the ability to discover, request, or receive (i) Third-Party Services from third-party service providers, which may include merchants, retailers, grocers, restaurants, independent drivers, and delivery persons; and (ii) various supporting services. These supporting services encompass the ability to express preferences about Third-Party Services or Third-Party Service Providers, payment processing, and customer support. These Services are available exclusively for personal, noncommercial use, unless otherwise agreed upon in a separate written agreement with Foodosti.

Once you make a service request, Foodosti notifies Third-Party Providers of the opportunity to fulfill your request. The decision to offer their services is at the discretion of the Third-Party Provider, and you have the choice to accept or decline such services. It’s important to note that once the service request is initiated, rescheduling or cancellation options may be limited. Any fees incurred or non-refunded items are subject to Foodosti’s discretions.

FOODOSTI IS NEITHER A COMMON CARRIER NOR A MOTOR CARRIER AND DOES NOT PROVIDE TRANSPORTATION FOR YOU OR YOUR GOODS. GENERALLY, THE SERVICES ARE ACCESSIBLE TO REGISTERED USERS OF THE PLATFORM, NOT THE GENERAL PUBLIC. REQUESTING THIRD-PARTY SERVICES FROM THIRD-PARTY PROVIDERS THROUGH THE PLATFORM DOES NOT ATTRIBUTE ANY ROLE TO FOODOSTI OTHER THAN PROVIDING THE SERVICES. THIRD-PARTY PROVIDERS OPERATE INDEPENDENTLY AND ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF FOODOSTI IN ANY CAPACITY. ANY EFFORT, FEATURE, PROCESS, POLICY, STANDARD, OR OTHER INITIATIVE UNDERTAKEN BY FOODOSTI TO FACILITATE THIRD-PARTY SERVICES OR PROMOTE SAFETY AND SECURITY (WHETHER REQUIRED BY REGULATIONS OR OTHERWISE) DOES NOT INDICATE AN EMPLOYMENT RELATIONSHIP, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY STATUS WITH THIRD-PARTY PROVIDERS.

User Use of Foodosti Platform(s)

Foodosti grants you as the Consumer a limited, non-exclusive, non-transferable, and revocable license to use the Foodosti Platform for its intended purposes subject to your compliance with these Terms, the Foodosti US Restaurant Terms and Conditions, and the Foodosti US Driver Terms and Conditions, which are incorporated herein by reference, and any other policy of Foodosti. You may not copy, modify, distribute, sell, or lease any part of the Foodosti Platform. Unless such restriction is prohibited by law or you have Foodosti’s written permission, you may not reverse engineer or attempt to extract the source code of the Foodosti Platform. You may only access the Foodosti Platform through the interfaces that Foodosti provides for that purpose (for example, you may not “scrape” the Foodosti Platform through automated means or “frame” any part of the Foodosti Platform), and you may not interfere or attempt to disrupt the Foodosti Platform.
Some parts of the Foodosti Platform may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). As between you and Foodosti, you retain all rights in any content that you upload or submit, and are solely responsible for that content. By uploading content, you represent and warrant that you either own it or are authorized to grant Foodosti the rights described in these Terms. You are responsible and liable if any of your content violates or infringes the intellectual property or privacy rights of any third party. You grant Foodosti a non-exclusive, royalty-free, worldwide, transferable, sub licensable, perpetual license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Foodosti Platform. Foodosti may, in its sole discretion, remove or take down any content that you upload or submit to the Foodosti Platform for any reason, including violation of these Terms, or any other policies.
You may have the option of accessing the Foodosti Platform through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the Foodosti Platform may be governed by open source licenses. In that case, Foodosti will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.
By using the Foodosti Platform, you represent and warrant that you are of legal age in the jurisdiction in which you reside to form a binding contract with Foodosti. If you are using the Foodosti Platform for its intended purposes on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
In order to use the Foodosti Platform, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Foodosti Platform, and any other applicable Foodosti policies, and you will respect those who you encounter in your use of the Foodosti Platform, including Delivering Parties, Foodosti personnel, and individuals who support Foodosti. Foodosti reserves the right to decline orders, refuse partial or full delivery, terminate or restrict access to accounts or Foodosti Platform, and/or cancel orders at any time in its sole discretion. Foodosti may periodically offer you certain incentives, promotions, or benefits (e.g., a trial Foodosti membership, credit, coupon, promotion code, discount code, etc.). If Foodosti suspects or determines, in its sole discretion, any fraud, tampering, abuse, or violation of our Terms in connection with any such offer, Foodosti reserves the right to withhold, revoke, cancel, and/or terminate the incentive or benefit and to take other remedial measures.
Foodosti constantly modifying and improving the Foodosti Platform. Foodosti may introduce new features, change existing features, or remove features from the Foodosti Platform at any time and without notice. If you provide Foodosti with any feedback on, or comments regarding, the Foodosti Platform, you grant Foodosti the right to use such feedback or comments for any purpose without restriction or payment to you.
If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests or review our policies regarding the same. Please note that once Merchant Party has begun creating your order and/or delivery has begun, you may no longer have the option to reschedule or cancel the order. If you are able to reschedule or cancel your order, you may be charged a fee and/or may not be refunded for items that have been purchased.

App Stores (Apple or Android App Store)

The availability of Foodosti’s Services may rely on the third-party platform from which you obtained the license to the Foodosti App, such as the Apple iPhone or Android app stores (“App Store”). These Terms establish an agreement between you and Foodosti, independent of the App Store. Foodosti is responsible for providing the Services as outlined in these Terms. If you obtained the Foodosti App from the Apple App Store, Apple and its subsidiaries hold third-party beneficiary status for these Terms. Upon accepting these Terms, Apple is granted the right (and is deemed to have accepted that right) to enforce these Terms against you as a third-party beneficiary. Furthermore, these Terms reference and incorporate Apple’s Licensed Application End User License Agreement, in which you are recognized as the “end-user.” In the event of a contradiction between the terms of the Licensed Application End User License Agreement and these Terms, these Terms will take precedence.

Ownership; License; and Restrictions.

The Services, along with all associated intellectual property rights, remain the property of Foodosti or its licensors. These Terms do not constitute a sale and do not transfer or grant any rights to you concerning the Services or any intellectual property owned by Foodosti, except for the limited license provided above.

In compliance with these Terms, Foodosti grants you a restricted, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and utilize the Foodosti App exclusively for using the Services on your personal device; and (ii) access and utilize any content, information, and related materials available through the Services, exclusively for your personal, noncommercial use. All rights not explicitly conferred within this document are reserved by Foodosti and its licensors. You consent not to employ Foodosti’s copyrights, trademarks, service marks, or trade dress, except in ways incidental to your use of the Services, and without the express written permission of Foodosti. This constraint applies to the use of these elements in domain names, websites, and social media accounts. You are prohibited from: (i) eliminating any copyright, trademark, or other proprietary notices from any part of the Services; (ii) reproducing, modifying, creating derivative works, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting, or otherwise exploiting the Services, except as explicitly permitted by Foodosti; (iii) decompiling, reverse engineering, or disassembling the Services, except as may be allowed by applicable law; (iv) linking to, mirroring, or framing any part of the Services; (v) initiating or deploying any programs or scripts intended to unduly disrupt or hinder the operation or functionality of any aspect of the Services; or (vi) making attempts to gain unauthorized access or impair any element of the Services or its associated systems or networks.

Accessing the Services

User Accounts.

To make use of the majority of Foodosti’s Services, you must register and maintain a live personal user Services account (“Account”). You are ineligible to register or uphold an Account if you have previously faced a ban on accessing or utilizing the Services. The process of Account registration may necessitate the submission of specific personal details to Foodosti, including your name, address, mobile phone number, age, and at least one valid payment method authorized for use and supported by Foodosti. For additional information concerning Foodosti’s handling of your personal data, please refer to our Privacy Notice. It is your responsibility to keep your Account information accurate, complete, and current, encompassing a valid phone number, address, and payment method. Unless otherwise specified below, you must be at least 18 years old or have reached the legal majority age in your jurisdiction (if it differs from 18) to acquire an Account unless a particular Service dictates otherwise. Unless officially permitted in writing by Foodosti, you may possess only one Account, and you cannot assign or transfer your Account to another individual or entity. You are liable for all activities under your Account, and you commit to maintaining the confidentiality and security of your Account credentials at all times.

Minors.

With the exception of the conditions noted below, the Services are primarily intended for individuals who are at least 18 years old. You may not authorize third parties to use your Account, and you may not permit individuals under the age of 18 to utilize the Services, unless they are under your supervision or accompanied by an adult. Nevertheless, Foodosti may offer parents and legal guardians the ability to create Accounts for their children. If you are a parent or legal guardian and you permit your minor child to use the Services, then these Terms are applicable to you, and you are responsible for your child’s activity on the Services. If you are under the age of 18 to obtain an Account (or Minor child), you must have your parent or legal guardian’s consent to acquire an Account and comply with any additional terms relevant to your use of the Services as a minor. Please ensure that your parent or legal guardian reviews these supplementary terms with you.

Network Access and Devices.

You are responsible for acquiring the required data network access to use the Services. When accessing or using the Services from your device, you may incur data and messaging costs from your mobile network. It is your responsibility to obtain and keep up-to-date the compatible hardware or devices necessary for accessing and using the Services and any subsequent updates. Foodosti cannot ensure the Services’ functionality on particular hardware or devices. Furthermore, the Services may encounter malfunctions and inherent delays associated with internet use and electronic communication. Foodosti is not liable for any setbacks, delivery failures, or any loss, harm, or injury resulting from these issues.

CONTRACTUAL RELATIONSHIP

In addition to these Terms of Service, your access to and use of the Services is also subject to the relevant terms available on our website. These include, but are not limited to, the Privacy Policy, which outlines the collection, use, and disclosure of your personal information; the Terms within the different Foodosti platform to which you agree when enrolling into the platform; Referral Policies; and Foodosti’s other applicable standards and policies (including, without limitation, Foodosti’s safety standards, accessibility policies, and U.S. Service Animal Policy).

Together, these Terms of Service and the Supplemental Terms constitute the “Terms.” They apply to your access or use of the Services within the United States and its territories and possessions. If you use the Services in another country, you are subject to Foodosti’s terms of service for that country. PLEASE CAREFULLY REVIEW THESE TERMS, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND FOODOSTI. In these Terms, the words “including” and “include” mean “including, but not limited to.”

By accessing or using the Services, you affirm your agreement to be bound by these Terms. If you do not agree with these Terms, please refrain from accessing or using the Services. These Terms explicitly govern the use of the Services within the Territory.

Termination

Foodosti, at its sole discretion, may terminate these Terms or any Services related to you, or cease offering or deny access to the Services, or any part of them, at any time and for any reason.

Modification

Foodosti retains the right to alter these Terms or its policies regarding the Services at any time. These changes become effective upon the posting of an updated version of these Terms on the Services or Foodosti’s website. We encourage you to regularly review these Terms because your continued use of the Services following such changes signifies your acceptance of them.

COMMUNICATIONS, USER CONDUCT & OBLIGATIONS

Communications with Foodosti.

Upon the creation of an Account, you electronically consent to accept and receive communications from Foodosti, Third-Party Providers, or third parties offering services to Foodosti. These communications may be facilitated through email, text messages, WhatsApp, phone calls, in-app messaging, and push notifications delivered to the phone number(s) or email addresses you have furnished to Foodosti. You may also receive communications produced by automatic telephone dialing systems and/or prerecorded messages sent by or on behalf of Foodosti, and/or Third-Party Providers. These messages encompass various subjects, including those related to service requests placed through your Account on the Foodosti platform. Standard message and data rates may be applicable. For comprehensive information regarding how Foodosti may contact you, please consult our Privacy Notice and/or contact Foodosti at [email protected].

If you prefer not to receive promotional emails, text messages, or other communications from Foodosti, you have the option to modify your notification settings by contacting Foodosti at [email protected]. To unsubscribe from receiving text messages from Foodosti, you can contact Foodosti at [email protected]. To clarify, text messages exchanged between you and Third-Party Providers pertain to transactional matters, rather than promotional content. It’s important to acknowledge that opting out of all communications may have an impact on your ability to utilize the Services. However, it’s noteworthy that if Foodosti detects potential fraud or unlawful activities linked to your Account, we may contact you through any of the contact details you have provided (including via text or voice-recorded messages).

Additionally:

By creating a Foodosti user account, you agree to accept and receive communications from Foodosti, Merchant Parties, and Delivering Parties, including via email, text message, calls, and push notifications to the cellular telephone number you provided to Foodosti. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Foodosti, its affiliated companies, and/or Delivering Partys, including but not limited to communications concerning orders placed through your account on the Foodosti Platform. Message and data rates may apply.

User Conduct and Obligations.

In addition to adhering to these Terms, you are expected to observe all relevant laws when accessing or utilizing the Services. Your access or use of the Services should solely serve legal purposes, which excludes any intent to transport unlawful or hazardous materials. Employing the Services to engage in disruptive, troublesome, annoying, destructive, or detrimental conduct that results in harm, discomfort, or losses for Foodosti, Third-Party Providers, or any other entities is strictly prohibited.

Foodosti does not assume responsibility for the safety of the driver or any passenger within the vehicle for transportation of goods during delivery for unlawful driving and/or not abiding my any legal laws for driving. You bear the responsibility of ensuring the correct installation of the child restraint and/or you as the driver, and the proper securing of the child and yourself within the vehicle. To ensure compliance with state regulations regarding specific height, age, and weight criteria for child restraint systems, which can be found and outlined on location-specific web pages, please review your state’s regulations. Foodosti does not bear responsibility for any injuries or incidents arising during pick up, delivery of goods, and/or thereafter. On certain occasions, you may be requested to provide age verification, identity verification, or other means of identity validation to access or use the Services. Refusal to provide such verification may result in denial of access to or use of the Services.

To support our compliance and insurance responsibilities, you commit to notifying us within 24 hours and providing us with all reasonable details related to any incidents or accidents that occur during your use of the Services. You also undertake to cooperate in any investigation and the attempted resolution of such incidents.

FOODOSTI MEMBERSHIP

Foodosti may provide a membership program for scheduled deliveries. Service fees (including additional fees and surcharges to help offset specific costs), priority fees, direct-to-consumer shipping fees, long distance fees, alcohol service fees, heavy order fees, special handling fees, taxes, and/or other fees. For combinations with other offers or promotions, restrictions may apply.
UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR FOODOSTI MEMBERSHIP WILL AUTOMATICALLY RENEW FOR THE AGREED UPON MONTHLY OR ANNUAL TERM, AND THE APPLICABLE MEMBERSHIP FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL WITH AN ACTIVE PAYMENT METHOD ON FILE IN YOUR ACCOUNT.
The billing date will depend on the type of subscription that you choose when you sign-up for a Foodosti membership (monthly or yearly) and will be charged on the billing date indicated on your membership page. In certain circumstances, your billing date may change. For instance, if we are unable to successfully charge your Payment Credit or Debit (card) for the Foodosti membership fee on a given day (e.g., a Federal holiday or technical failures). Foodosti membership fees are fully earned upon payment.
If your payment details change, your card or other payment method provider may provide us with updated payment details. We may use these new details or details from other payment methods on file in order to help prevent any interruption to your Foodosti membership. If you do not want to have your card or other payment method automatically updated, you can opt out of the Foodosti Platform by contacting your financial institution. If you would like to use a different payment method or if there is a change in payment method, please update your billing information on your membership page. All billing information you provide to us must be truthful and accurate and you represent that you are authorized to use the payment method in the manner contemplated here. If the payment method you provided to us for payment is declined or if a payment was not successfully made by you, you remain responsible for any uncollected amounts. If a payment is not successfully made and you do not cancel your account, we may suspend your access to the Foodosti Platform, including without limitation your Foodosti membership, until we have successfully charged a valid payment method.
If you cancel, you may not receive a full refund, but you may enjoy the benefits of your Foodosti membership through the end of your paid membership term.
From time to time, Foodosti may offer some users trial or other promotional memberships to Foodosti. Such trial or promotional memberships are subject to these Terms except as otherwise stated in the promotional offer, including which users are eligible for the promotional memberships. Only one trial or promotional membership is available per household and may not be combined with any other promotion. Prior to the end of your free trial period or promotional membership period, Foodosti will notify you that your free trial period is coming to an end and will automatically charge you the applicable Foodosti subscription fee to the payment method on file with Foodosti. If you cancel your Foodosti membership before the free trial or promotional membership period has expired, Foodosti will not charge you for the subsequent Foodosti membership term. Foodosti may change the monthly or annual fee charged for membership at any time, but any such fee change will not apply to current Foodosti members until such time as their current memberships expire and their memberships are renewed for another term. Where the fee has increased, Foodosti will notify you prior to the renewal of your membership of the relevant fee increase.

TRANSACTIONS INVOLVING ALCOHOL

You may have the option to order alcohol products in some locations and from certain Merchant Parties. You agree that you will comply with all applicable laws and not cause Foodosti or any Delivering Party (including any Merchant Party Personnel) to contravene any applicable laws. If you order alcohol products from a Merchant Party through the Foodosti Platform, you agree that you are of legal drinking age for purchasing, possessing, and consuming alcohol (i.e., 21 years of age or older in the United States). You also agree that, upon delivery of alcohol products by the Delivering Party, the recipient will provide to the Delivering Party valid government-issued identification proving their age, and that Delivering Party may scan this identification and may require a signature from the recipient. You also agree that the recipient will not be intoxicated when receiving delivery of alcohol products, and that you will not purchase alcohol with the intent to resell or provide it to someone who is not of legal drinking age. If the recipient is unable to present valid photo identification upon delivery, your order will be canceled. You agree that if any applicable legal requirements for the delivery of alcohol are not met, Foodosti reserves the right to cancel the alcohol-related portion of your order. Special requests or substitutions for the purchase of alcohol products will not be honored; all requests for the purchase of alcohol products must be made through the catalog available through the Foodosti Platform at the time of submitting the order. Terminate membership if falsely order alcohol.

TRANSACTIONS INVOLVING OTHER RESTRICTURED PRODUCTS

You may have the option to order other restricted products in some locations and from certain Merchant Parties. You agree that you will comply with all applicable laws and not cause Foodosti or any Delivering Party (including any Merchant Party Personnel) to contravene any applicable laws. If you order an item that requires delivery certification, you agree the recipient will provide valid government-issued identification which may be scanned by the Delivering Party proving their identity to the Delivering Party delivering such products. If you order age-restricted products from a Merchant Party through the Foodosti Platform, you agree that you are of legal standing for purchasing, possessing, and/or consuming such age-restricted products and agree that, upon delivery of restricted products by the Delivering Party, the recipient will provide to the Delivering Party valid government-issued identification proving their standing, and that the Delivering Party may scan this identification. You also agree that the restricted products have not been purchased with the intent to resell or provide to someone who is not of legal standing. You agree that if any applicable legal requirements for the delivery of restricted products are not met, Foodosti reserves the right to cancel the restricted portion of your order. Special requests or substitutions for the purchase of restricted products will not be honored; all requests for the purchase of restricted products must be made through the catalog available through the Foodosti Platform at the time of submitting the order.

THIRD-PARTY PRODUCTS AND CONTENT

You agree that Foodosti does not assume responsibility for any products, content, Foodosti Platform, websites, advertisements, offers, or information that is provided by third parties and made available through the Foodosti Platform, nor does Foodosti assume responsibility for your interactions with any Delivering Party (including a Merchant Party). You further agree that Foodosti does not warrant or guarantee that any product information contained on the Foodosti Platform is accurate, complete, reliable, current, or error-free. All health and wellness information, nutritional content, and nutritional information is provided for informational purposes only and is not a substitute for the diagnosis, treatment and advice of a qualified health-care provider. Foodosti does not warrant or guarantee that any such health, wellness, or nutritional information is accurate, complete, reliable, current, or error-free. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Foodosti Platform or you engage with any Delivering Party, Merchant Party, or other user, you agree that you do so at your own risk and that Foodosti will have no liability based on such purchase, use, access, or engagement.

Foodosti LLC is not responsible for the taste and health of food delivered from a restaurant/home chef/caterer.
The customer (person ordering food via the Foodosti Platform) is solely responsible for the selection of the items from the menu of the vendor they select.
Foodosti is not responsible for the pricing the vendor chose to charge.
Foodosti will collect all necessary local state and federal tax.
Foodosti will not entertain return of the food/goods of the vendor.
The vendor (restaurant, home Chef, grocery store, local caterer) will be solely responsible for the items delivered to the customer.
Customer should not solicit the vendors or drivers on Foodosti.
Customers agree not to get involved physically or verbally with the vendor or driver.
The customer will send a complaint to Foodosti before going to any other authority.
Customer would not develop physical or emotional relationships with Foodosti, or any entity related to Foodosti.
The customer would not bodily harm any entity or person attached to Foodosti.
The customer is solely responsible for selecting the bids from drivers and others on platform.
Customer will not use this platform to write or say derogatory or sexual verbiage to anyone.
Customer would not tamper or attempt to tamper the Foodosti platform.

SERVICE PROVIDES AS-IS RELEASE OF CLAIMS

THE FOODOSTI PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” FOODOSTI DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON INFRINGEMENT. IN ADDITION, FOODOSTI MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE FOODOSTI PLATFORM, ANY FOODOSTI PLATFORM PROVIDED BY DELIVERING PARTIES, OR GOODS REQUESTED THROUGH THE USE OF THE FOODOSTI PLATFORM FROM MERCHANT PARTIES, OR THAT THE FOODOSTI PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. FOODOSTI DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SKILLS, SAFETY, OR ABILITY OF DELIVERING PARTIES, OR MERCHANT PARTIES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE FOODOSTI PLATFORM, ANY SERVICE PROVIDED BY DELIVERING PARTIES, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU. THE FOODOSTI APPLICATIONS, WEBSITES, AND SOFTWARE ARE SUBJECT TO PERIODIC CHANGES, WHICH MAY BE MADE AT ANY TIME AND WITHOUT NOTICE TO YOU.
FOODOSTI DOES NOT GUARANTEE THAT THE FOODOSTI PLATFORM, APPLICATION, WEBSITE, AND SOFTWARE WILL OPERATE WITHOUT ERRORS OR THAT THE FOODOSTI PLATFORMS, APPLICATIONS, WEBSITES, AND SOFTWARE ARE FREE OF COMPUTER VIRUSES OR OTHER MALWARE. YOU AGREE THAT FOODOSTI WILL NOT BE RESPONSIBLE FOR ANY ECONOMIC COSTS RELATING TO YOUR USE OF THE FOODOSTI PLATFORMS, APPLICATIONS, WEBSITE, OR SOFTWARE.
YOU AGREE THAT NEITHER FOODOSTI NOR ITS SUBSIDIARIES, OR AFFILIATES IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY OTHER DELIVERING PARTIES OR MERCHANT PARTIES, OR FOR ANY PRODUCT OR SERVICE PROVIDED BY ANY MERCHANT PARTY OR DELIVERING PARTY. NEITHER FOODOSTI NOR ITS SUBSIDIARIES, OR AFFILIATES, WILL BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY MERCHANT PARTY, DELIVERING PARTY, OR OTHER PERSON ASSOCIATED WITH THE FOODOSTI PLATFORMS.
If you have a dispute with one or more Delivering Parties or Merchant Parties, or other Users, you agree to release Foodosti (including Foodosti’s subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
Furthermore, where applicable, you expressly waive any rights you may have under California Civil Code Section 1542 or analogous laws of other jurisdictions that have similar language to: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her must, would have materially affected his or her settlement with the debtor or released party.”
U.S. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

LIABILITY

Foodosti shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Services, regardless of the negligence (either active, affirmative, sole, or concurrent) of Foodosti, even if Foodosti has been advised of the possibility of such damages.

Foodosti shall not be liable for any damages, liability, or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between you and any Third-Party Provider, even if Foodosti has been advised of the possibility of such damages. Foodosti shall not be liable for delay or failure in performance resulting from causes beyond Foodosti’s reasonable control. You acknowledge that Third-Party Providers providing transportation services requested through some Foodosti Services may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted. You acknowledge that Third-Party Providers are not ostensible agents, apparent agents, actual agents, or employees of Foodosti.

The Services may be used by you to request and schedule transportation, goods, or logistics services with Third-Party Providers, but you agree that Foodosti has no responsibility or liability to you related to any transportation, goods, or logistics services provided to or not provided to you by Third-Party Providers other than as expressly set forth in these Terms.

Foodosti shall not be liable for any damages, liability, or losses arising out of the lack of or improper installation or use of child restraint systems for guests on rides requested through the Services for whom a child restraint system is legally required.

The limitations and disclaimers in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. Because some states or jurisdictions do not allow the exclusion of or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Foodosti’s liability shall be limited to the extent permitted by law. This provision shall have no effect on Foodosti’s choice of law provision set forth below.

IN NO EVENT SHALL FOODOSTI (INCLUDING ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE FOODOSTI PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE FOODOSTI PLATFORM) ARISING OUT OF OR IN CONNECTION WITH THE FOODOSTI PLATFORM, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF FOODOSTI OR FOODOSTI’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL FOODOSTI (INCLUDING ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF FOODOSTI, ANY SERVICE OR PRODUCT PROVIDED BY MERCHANT PARTIES, DELIVERING PARTIES, OR OTHER USERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF FOODOSTI OR FOODOSTI’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FOODOSTI, ITS SUBSIDIARIES, AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE FOODOSTI PLATFORM, ANY PRODUCT OR SERVICE PROVIDED BY MERCHANT PARTIES OR DELIVERING PARTIES, OR ANY PRODUCTS REQUESTED BY YOU.
U.S. FEDERAL LAW, SOME STATES, TERRITORIES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATION OF CERTAIN LIABILITIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE EXCLUSIONS AND LIMITATIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Foodosti and its officers, directors, employees, agents, shareholders, subsidiaries, affiliates, and retail partners (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from: (i) your unauthorized use of the Foodosti Platform or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation; (ii) any third party’s access or use of the Foodosti Platform using your Foodosti user account; or (iii) any dispute or issue between you and any third party, including without limitation any Merchant Party or other Delivering Party.

ARBITRATION AGREEMENT

Acceptance of Arbitration: This Agreement contains provisions which will govern any claims that the parties may have against each other, including a mandatory arbitration provision.

By accepting these Terms, you acknowledge your obligation to address any potential claim against Foodosti through individual arbitration, as outlined in this Arbitration Agreement. This means that such claims should be pursued individually, without the possibility of collective, coordinated, consolidated, mass, or representative actions. Both you and Foodosti are relinquishing the right to a trial by jury. This Arbitration Agreement prohibits you from initiating any form of class, collective, coordinated, consolidated, mass, or representative action against Foodosti and precludes your involvement in any ongoing or future class, collective, coordinated, consolidated, mass, or representative action initiated against Foodosti by another party. Consequently, the parties concur that the Arbitrator will not conduct any class, collective, coordinated, consolidated, mass, or representative arbitration, nor combine, coordinate, or consolidate claims from multiple individuals against Foodosti in a single proceeding. To clarify, this Arbitration Agreement prevents you from commencing or participating in any type of class, collective, coordinated, consolidated, mass, or representative action, or other group, multi-plaintiff, or joint action against Foodosti, apart from participation in a classwide, collective, coordinated, consolidated, mass, or representative settlement of claims.

THE DISPUTES & ARBITRATION PORTION OF THESE TERMS PROVIDES THAT ANY CLAIMS THAT YOU AND FOODOSTI HAVE AGAINST EACH OTHER, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS, WILL, WITH LIMITED EXCEPTIONS, BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST FOODOSTI ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ALSO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE THE DISPUTES & ARBITRATION SECTION FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

Disputes and Arbitration

This Section (the “Disputes and Arbitration” Section) applies to and governs any dispute, controversy, or claim between you and Foodosti, including but not limited to those that arise out of or relate to:

These Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, scope, or enforceability thereof;
Access to or use of the Foodosti Platform, including receipt of any advertising or marketing communications or any information contained on the Foodosti Platform;
Any transactions through, by, or using the Foodosti Platform, including any goods or Foodosti Platform purchased or sold through, by, or using the Foodosti Platform or your consumption or use of those goods or Foodosti Platform; or
Any other aspect of your relationship or transactions with Foodosti as a consumer. You and Foodosti agree that the Merchant Parties and Delivering Parties from which orders may be placed and goods may be purchased through the Foodosti Platform and/or through white label sites that are powered by Foodosti are intended third party beneficiaries of this Arbitration Agreement.

Informal Dispute Resolution: You and Foodosti agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. Therefore, before initiating formal proceedings, you and Foodosti agree to first attempt to work out any such dispute amicably. The initiating party must give notice to the other party in writing of its, his, or her dispute, including a written description of the dispute. For any dispute you initiate, you agree to provide written notice to Foodosti, LLC of Kentucky via certified mail ([email protected]).
Your written description must be on an individual basis and personally signed, and also provide at least the following information: your name; the email address associated with your account; a detailed description of the nature and basis of the dispute, including any transaction details; and the specific relief sought and how it was calculated. For any dispute that Foodosti raises, we will send our written description of the dispute (including the information listed above), signed by an authorized Foodosti representative, to the most recent delivery address associated with your account. The initiating party must allow the other party 60 days to respond and attempt to resolve the dispute amicably before initiating an arbitration or other proceeding per the terms set forth below.
You and Foodosti agree that this informal dispute resolution process is a requirement that must be fulfilled prior to initiating an arbitration proceeding. The applicable statute of limitations period and any filing fee deadlines shall be tolled from the time the initiating party sends their written notice through the 60 day period set forth above.
For residents of the United States, you agree to the following mandatory arbitration provisions:

Mandatory Arbitration: If we are unable to work out a solution amicably, both you and Foodosti agree to resolve through binding arbitration, rather than in court, any dispute, controversy, or claim arising at any time, including but not limited to those arising out of or relating to:
1. These Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, scope, or enforceability thereof.
2. Access to or use of the Foodosti Platform, including receipt of any advertising or marketing communications and/or any information contained on the Foodosti Platform.
3. Any transactions through, by, or using the Foodosti Platform, including any goods or Foodosti Platform purchased or sold through, by, or using the Foodosti Platform and any consumption or use of those goods and Foodosti Platform; or
4. Any other aspect of your relationship or transactions with Foodosti as a consumer.
A Claim under this Section also includes all claims or disputes between you and any Merchant Party and/or any Delivering Party arising out of or related to the Foodosti Platform performed under this Agreement and/or Foodosti Platform in connection with any sites and/or applications that may be facilitated by Foodosti. Any disputes or claims in this regard shall be resolved exclusively by an arbitrator.

Notwithstanding this mandatory arbitration provision, (a) you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis, and (b) you and Foodosti each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of a party’s intellectual property rights.
This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms.
The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), governs the interpretation and enforcement of this Arbitration Agreement and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to this Arbitration Agreement, then that issue shall be resolved under and governed by the law of the claimant’s state of residence.
TRIAL BY JURY WAIVER: BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND FOODOSTI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
CLASS, COLLECTIVE, REPRESENTATIVE ACTION WAIVER: BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND FOODOSTI ARE EACH WAIVING THE RIGHT TO BRING, JOIN, OR PARTICIPATE IN, EITHER AS A PLAINTIFF OR CLASS MEMBER, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU ALSO ACKNOWLEDGE AND AGREE THAT, UNLESS YOU AND FOODOSTI OTHERWISE AGREE IN WRITING, ANY ARBITRATION OF ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU FURTHER ACKNOWLEDGE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY IN YOUR FAVOR AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY YOUR INDIVIDUAL CLAIM(S), AND ANY RELIEF AWARDED CANNOT AFFECT OTHER FOODOSTI USERS. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION.
Opt-out of Mandatory Arbitration: You can reject and opt-out of this Arbitration Agreement within 30 days of first accepting these Terms by emailing Foodosti ([email protected]) with your first and last name and the email address associated with your account and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
Changes to Agreement to Arbitrate: If Foodosti changes this Section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice via email as set forth above, within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent or any earlier agreements to arbitrate any dispute between you and Foodosti and/or Merchant Parties and/or Delivering Parties.
You and Foodosti agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
The arbitration will be held in the United States county where you live or use the Foodosti Platform, or a location you and Foodosti mutually agree upon in writing. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Foodosti submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by applicable rules.
The Rules will govern the payment of all filing, administrative or arbitrator fees (“Arbitration Fees”) and each party will be responsible for their own Arbitration Fees under those Rules or to the maximum extent permitted by law.

SERVICE OF ARBITRATION AGREEMENT

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class, Collective, Representative Action Waiver above is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.

SURVIVAL OF ARBITRATION AGREEMENT

Except as otherwise provided herein, this Arbitration Agreement will survive any termination of the Terms or of your access to the Foodosti Platform. This Arbitration Agreement will continue to apply even if you or we close your Foodosti account.

TERMINIATION

Foodosti reserves the right, at its discretion, to promptly terminate these Terms or any Services concerning you, or generally cease offering or limit access to the Services or any part thereof, without prior notice.

You may discontinue your use of the Foodosti Platform at any time without the need to inform us. Similarly, Foodosti can terminate access to the Foodosti Platform for you or any other users or discontinue offering all or part of the Foodosti Platform at any time without notice. In the event of termination, the relevant sections of this agreement will continue to apply to you.

CONTROLLING LAW

To the extent permitted by applicable law, these Terms will be governed by the laws of Kentucky, without respect to its conflicts of laws principles, except the Arbitration Agreement, which is governed by the laws outlined in these Terms.

Entire Agreement & Severability

These Terms, subject to any amendments, modifications, and any additional agreements available from Foodosti such as the Driver Terms and Conditions and Restaurant Terms and Conditions, which are incorporated herein by reference, shall constitute the entire agreement between you and Foodosti with respect to the Foodosti Platform and any use of the Foodosti Platform. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

No Waiver

Foodosti’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.

Assignment

You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Foodosti may assign its rights, licenses, and obligations under these Terms without limitation or notice.

Changes to the Terms

We may make changes to these Terms from time to time. When Foodosti does so, Foodosti will post the most current version of the Terms on Foodosti’s website and, if a revision to the Terms is material, Foodosti will notify you of the new Terms (for example, by email or a notification on the Foodosti Platform). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Foodosti Platform.

Copyright and Trademark Policy

Foodosti respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with the Digital Millennium Copyright Act and other relevant laws. Foodosti will respond to valid notices of copyright or trademark infringement and reserves the right to terminate any users, at Foodosti’s sole discretion and without notice, who infringe copyrights or other intellectual property rights ([email protected]).
If you believe any content posted or made available on the Foodosti Platform constitutes infringement of your copyright rights, you may send a written notice of infringement to Foodosti. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Foodosti Platform (e.g., the URL of the claimed infringing material if applicable or other means by which Foodosti may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
If you believe any content posted or made available on the Foodosti Platform constitutes infringement of your trademark rights, you may also send your notice to Foodosti. Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s).