Terms and Conditions

Introduction & Eligibility

FOODNINJA (“foodninja”, “we”, “us”, or “our”) welcomes you! We are excited that you have shown interest to access and use our services. These Terms or Service (“Terms”) govern your use of the websites and mobile applications provided by foodninja (collectively the “Platforms”). Please read our Terms carefully before proceeding to use foodninja.

Binding Agreement. When you browse the public areas or access and use our service means that you have fully read, understood, accepted, and agree to be legally bound by the Terms, including any additional terms and privacy policies referred to these Terms, available on the Platforms or by hyperlink. Depending on which Platform you access and use, these Terms form the contract between you and foodninja (www.foodninja.io).

Please do not use the platforms if you do not agree with the Terms.

Minors. No part of the Platforms is directed to minors. The Platforms may be used only by persons who are of legal age. Minors must secure the consent from parent(s) or legal guardian(s), who by accepting these Terms shall be liable for their actions and any charges associated with the use of the Platforms and/or purchase of Goods. If you are a minor and do not have consent from your parent(s) or legal guardian(s), you must cease from using/accessing the Platforms immediately.

Revisions to Terms. foodninja reserves the right to amend and update these Terms at any time and without prior notice to the public. You are strongly encouraged to read these Terms periodically. Your continued use of the Platforms after the date of the amended Terms are posted will be construed as agreement to all the amendments made.

Foodninja Service

About Us. foodninja is a database of vendors for food order and delivery services. foodninja provides marketing service for the food vendors through a mobile application to allow customers to order products online

Services Offered. The Provider links you to the vendors (“Vendors”) for you to order a variety of goods including prepared meals, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as "Goods") to be delivered to you. When you place an order for Goods from our Vendors (“Order”), foodninja acts as an agent on behalf of that Vendor to facilitate, process and conclude the order and subsequently for either us or the Vendor to deliver your Order to you. Vendors may be owned and operated by third party vendors, our affiliate companies, or us.

Although you are able to place orders through our Platforms, foodninja (“The Provider”) does not sell the products contained in your order. The foodninja Service allows you to browse through menus from local restaurants and order menu for delivery from those restaurants with delivery services. foodninja itself does not sell the products contained in your order, is not a party to any such transaction, and has no control over the quality of safety of the products. Your order is between you and the restaurant that accepts and serves your order.

Customer Support. Customer support is available through email at contact@ism2d.com

Use of the platforms and foodninja account

We provide Guests and Registered Users with access to the Platforms as described in this Agreement

Guests. No login is required for guests to the Website (“Guests”). Guests can (a) view all publicly-accessible content, (b) email us, and (c) chat us.

Registered Users. Login is required for all individuals who register to use the Platforms (“Registered Users”) Registered Users can do all the things Guests can do. They can likewise (a) place orders, (b) search for restaurants based on location and cuisine, (c) research on a particular restaurant, (d) sign up for alerts and other notifications, and (e) blog about their dining experience, including posting to their Facebook wall

How to Register. To use the platform, you will need to register for a foodninja account. To do this, you will be required to provide certain personal information including a mobile phone number, a postal address, a valid email address and a unique password. Depending on which payment method you opt for to purchase an Order, you may need to provide us with your credit card details. You agree to keep your password secret at all times and it should not be shared with anyone. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your foodninja account are your sole responsibility.

foodninja is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion.

Use of the Platforms. It is your obligation to provide complete, accurate, and correct information required for us to process your Order. foodninja shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you.

You may review, update, correct, or delete information from our records. To delete your foodninja account, an email request must be sent to us. Your foodninja account and/or use of the Platforms may be restricted, suspended or terminated your foodninja account and/or use of the Platforms, if we reasonably believe that:

someone other than the Registered User is using your foodninja account; or
where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we consider our sole discretion to be an abuse of the Platforms.

Guidelines and Restrictions

By accessing and/or using our Platforms, you hereby agree to comply with these rules, which include but not limited to, and shall not:

use the Platforms for any unlawful purpose, including any fraudulent activity
use the Platforms to engage in any commercial activities including but not limited to raising money, advertising or promoting a product service or company
use the Platform to engage in any pyramid or other multi-tiered marketing scheme
use or access the Platform to collect any market research for a competing business
upload, post, email, transmit, or otherwise make available any content that:

infringe the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
contain unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by foodninja in its sole discretion or pursuant to local community standards;
constitute cyber-bullying, as determined by foodninja in its sole discretion;
depict any dangerous, life-threatening, or otherwise risky behavior;
show telephone numbers, street addresses, or last names of any person;
contain URLs to external websites or any form of HTML or programming code;
contain anything that may be “spam,” as determined by foodninja in its sole discretion;
impersonate another person when posting content;
harvest or otherwise collects information about others, including email addresses, without their consent;
allow any other person or entity to use your identification for posting or viewing comments;
harass, threatens, stalks, or abuses any person on the Platforms;
infringe any copyright, trademark, or other proprietary rights of any person or entity;

impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Platform, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
create multiple accounts for yourself for any reason, including, without limitation, in order to obtain the same promotion multiple times; and
interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means.
engage in any other conduct that restricts or inhibits any one person from using or enjoying the Websites, or which, in the sole discretion of foodninja, exposes foodninja or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
encourage other people to engage in any prohibited activities as described herein.

foodninja reserves the right to investigate any complaints or allegations that an act has been committed in violation of the Terms and it shall, in our sole and absolute discretion, to deny you (or any device or IP address) access to the Services, or any portion of the Services, without notice.

Restrictions on Products

Our Platforms may offer some goods or products that are subject to restrictions for purchase which include minimum age requirements for alcohol/alcoholic products and any other goods. You may not use the Services to purchase alcohol products unless you and the recipient meet the minimum age requirements under applicable laws in the country and present a valid photo identification verifying your age at the time you pick up or receive delivery of your order. We reserve the right not to deliver to you based on the laws applicable, and relevant statutory requirements enforced at the time of use.

Restaurants on our Platform are expressly prohibited from selling or offering for sale to any customer, regardless of age, any tobacco or nicotine products including, but not limited to, cigarettes and e-cigarettes. You may not attempt to purchase any such products on our Platform. We reserve the right to immediately deny you access to our Services, without notice, if we determine, in our sole discretion, that you violated or have attempted to violate this policy.

Orders

You pay for orders through the Platforms. As soon as you place an Order with foodninja, we will confirm it by sending you a confirmation email including the Order receipt. Orders will include delivery fees and any applicable taxes.

Minimum Order Value – A minimum order value may be required by some of our Vendors before you can place an order and have it delivered to you. You may be required to add more goods or products to your Order in order to meet the minimum order value
Special Instructions – foodninja and the Vendor will try to accommodate your special instructions or request for an Order under reasonable circumstances. However in some cases where this is not feasible or commercially reasonable, foodninja and/or the Vendor reserve the right to proceed in preparing the Order in accordance with standard operating procedures. Neither foodninja nor the Vendor shall be responsible to replace or refund an Order which does not directly follow the specific instructions provided by you.
Allergens – Vendors may state ingredients or represent allergen or food preparation standards through the Platforms. We do not investigate or verify the menus, ingredients, food preparation standards, or any descriptions, statements, or representations made by the restaurants. Hence, if you or anyone else has any food allergies or specific preparation requirements, you are strongly advised to contact the restaurant directly to address your specific needs. By using the Platforms, you agree that you understand that foodninja is not responsible for any statements or omissions concerning the products contained in your order.

Furthermore, please be informed that the Vendor may subject your Order to additional terms and conditions provided by the Vendor.

Before Placing the Order

You must enter the delivery address into the Platform in order for the Platform to display the Vendors available in your delivery area.
Once you select a Vendor, you will be taken to that Vendor’s menu page for you to select and add your Goods to the cart.

Placing the Order

Please follow the onscreen instructions after clicking ‘Checkout’ to complete the Order. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “PLACE ORDER”. When you receive an email confirmation containing your Order receipt from us this means an Order has been successfully placed.

Cancelling an Order

Please contact us immediately if you wish to cancel your Order after it has been placed. You have the right to cancel your Order provided the Vendor has not yet accepted your Order.

Price & Payments

Prices

Prices shown on the Platform shall be displayed in the applicable country’s national currency and subject to applicable tax. Prices indicated on the Platforms are as at the time of each Order and may be subject to change at any time. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred.

A breakdown of the prices and additional charges will be displayed before Checkout. You agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you when you place an Order.

Payments and Payment Methods

You can choose to pay for an Order using any of the different payment methods offered on the Platforms including:

Credit/Debt card - Our payment partners are Visa, Mastercard, Paypal, and Razorpay
Cash-on-Delivery; and
Other payment methods we may subsequently offer.

If you have valid promotional or discount vouchers or existing credit in your foodninja account, you can use it to pay for part or all of your Order, as the case may be.

You will receive an email confirmation with your Order receipt after an Order is successfully placed. Delivery fees will not appear in your Order receipt if you decide to pick up your order.

You must keep your Password strictly confidential. You are responsible for all activities and charges that occur under your Password. Your liability for such charges shall continue even after termination of this Agreement.

foodninja reserves the right to offer additional payment methods and/or remove existing payment methods at any time at its sole discretion. If you pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third party payment service provider(s) for future orders. foodninja does not store your credit card or payment information. foodninja makes use of the services of PayPal Holding Inc,. Stripe and Razorpay Software Private Ltd for the handling and processing of payments transactions for your purchase on the Platforms and for customer support issues related to these payments such as refunds cancellations and returns, dispute management, and if applicable, relevant provisions in existing local consumer law.

You must ensure that you have sufficient funds on either your credit or debit card to meet payment of an Order. Insofar as required, foodninja takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations and dispute resolution, if it is justifiable and in accordance with these Terms.

Delivery & Refunds

Delivery and Pick-up

Vendors or Restaurants available through the Platforms do not deliver to every location. We use third-party delivery companies to deliver your orders. If you are not available to receive your order or you are not at the delivery location when your order arrives, the delivery person will leave your package for you at your door, or, if applicable, with the doorman or at the delivery center, and you will be charged the applicable fee for the order. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. In the case of inclement weather, your order will be delivered as soon as reasonably possible when the conditions permit.

Delivery fees are chargeable on every Order unless:

you opt to collect your Order directly from the Vendor (“Pick-Up”);
you have a valid promotional or discount voucher and apply it at Checkout; or

Please note carefully that foodninja, not being the restaurant or the delivery service or its agent, makes no express or implied warranty of any kind whatsoever with respect to the delivery services or pickup services, and disclaims any such warranties that might otherwise exist.

Delivery Time

When placing your Order, you will be required to enter a delivery address where your Order will be delivered by the Vendor. You may choose for your Order to be delivered “ASAP” or scheduled for a specific time. An estimated delivery time will be provided to you in your email confirmation but delivery times shall vary depending on factors that are not within our control, such as, but not limited to, order quantity, distance, time of day (peak periods), weather conditions, traffic conditions. You can check the status of the order in the application. You understand that the delivery time we provide is only an estimate and Orders may arrive earlier or later than the time shown when you placed your Order. You should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed to ensure that you do not miss a delivery of an Order. If your Order contains Alcohol (if applicable) and you or the recipient is or appears to be below the legal age, or fails to provide a valid proof of ID, foodninja reserves the right to withhold your order.

No-show Cancellations

If you cannot be contacted or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, foodninja reserves the right to cancel the Order without refund to or reclaim from you. The order will be canceled and no commissions will be charged by foodninja. No refund will be submitted if payment has been made by the customer. foodninja is not liable for returned orders that have not been paid for. The order will be returned to the Vendor and the Vendor will forfeit the value of the order.

Wrong Order, Missing Items, Defective Goods

Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) you need to contact the Vendor, who will arrange a driver to amend your order.

Order Pick-Up

Where available, you will have the option of collecting your Order in-person directly from the Vendor’s premises ("Pick-Up") instead of having the Order delivered to You. The Order Pick-Up time will be stated in your email confirmation (“Collection Time”). The Vendor will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The Vendor agrees to hold the Order for you at the Vendor’s premises for no more than a reasonable period of twenty (20) minutes from the Collection Time (“Holding Time”) and shall not be obligated to issue the Order to you if you fail to Pick-Up your Order within the Holding Time.

In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in state of the Goods (e.g. changes in the temperature fit for consumption). If this is the case, you shall not be entitled to a replacement or refund of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall inform of any issues and/or defects to the Vendor before leaving the Vendor’s premises.

Refunds

All refunds are subject to the refund policies of the restaurants serving your order. If you contact us seeking a refund, we cannot – and will not – process any refund until we receive the approval from the applicable restaurant. We will use reasonable efforts to request and obtain refunds when appropriate.

Online Payment Orders - The right to refund for a cancelled Order is only available if a Vendor has not yet accepted your Order. Any request for refund after an Order has been accepted by the Vendor will not be valid. By completing your Order, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order after it has been accepted by the Vendor.
Cash-on-Delivery Orders - You have the right to cancel your Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that you shall forfeit the delivery of your cancelled Order and cash-on-delivery may be removed from your list of available payment methods for your future orders.

foodninja reserves the right to cancel any Order and/or suspend, deactivate or terminate your foodninja account in its sole discretion if it reasonably suspects, detects, or discovers fraudulent behavior or activity associated with your foodninja account and/or with your Order.

Vouchers, Discounts and Promotions

Occasionally, foodninja may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.

Vouchers cannot be used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to these Vouchers.

Unless otherwise stated, Vouchers can only be used on our Platforms.

Vouchers cannot be exchanged or converted to cash.

foodninja reserves the right to void, discontinue or reject the use of any Voucher without prior notice Individual restaurants terms & conditions apply

We may exclude certain Vendors from the use of Vouchers at any time without prior notice to you.

Representations, Warranties and Limitation of Liabilities

Representations and Warranties

You acknowledge and agree that the content on the Platforms are provided on an “as is” and “as available” basis, and that your use of, or reliance, upon the Platforms and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While foodninja makes reasonable efforts to ensure the provision of the Platforms and the services we offer are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner which is secure, timely, uninterrupted, error-free, devoid of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure or Acts of God.

Limitation of Liability

foodninja, to the extent permitted by law, (which shall include its directors, employees, agents, affiliates, representatives and parent company) exclude all liability (whether arising in negligence, in contract or otherwise) for loss or damage which you or any third party may incur in connection with our services, our Platforms, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The foodninja entities, their representatives, agents, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, computer failure, or malfunction loss of goodwill, work stoppage, or any other commercial damages or losses, even if the foodninja entities, their representatives, agents, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, foodninja, in such states or jurisdictions, the foodninja entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law.

Vendor’s Representations

foodninja shall neither be liable for actions or omissions of the Vendor nor you in regard to provision of the Goods and Vendor Delivery. foodninja does not assume any liability for the quality, quantity, condition or other representations of the Goods and/or services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct.

Vendor Liability

Vendors are responsible for the condition, preparation and quality of Goods ordered using the foodninja Platform. Vendors are responsible for delivery of the Goods and/or Orders. foodninja shall not be liable for delivery, any loss, damage or health issues such as food poisoning, arising from your contractual relationship with the Vendor.

Intellectual Property

All trademarks, images, logos, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of foodninja and/or third parties who have authorized us with its use (collectively the “Trademarks”). You are not allowed to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of foodninja's trademarks on any other website not approved by us is strictly prohibited. foodninja will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution of the violators. foodninja neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with foodninja. Use of any materials on the Platforms is at your own risk.

Personal Data (Personal Information) Protection

You agree and consent to foodninja and any of its affiliate companies collecting, processing, using, and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy will be available on our Platforms, and shall form part of these Terms.

Indemnity

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns, harmless from, and free from any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, your misuse of the Platforms, or your breach of any of the Terms.

External Sites

The Platforms may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. foodninja accepts no liability or responsibility in case of any loss or damage suffered by you in relation to your access and use of these third party links and websites.

Termination

foodninja has the right to terminate, suspend or delete your account and access to the Platforms, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if in its sole discretion foodninja considers your use to be inappropriate, or in the event you breach any of the Terms. foodninja can, but shall be under no obligation to, provide you a warning prior to termination of your use of the Platforms.

We reserve the right, at our sole discretion, to restrict, suspend, or terminate this Agreement and your and any device’s access to all or any part of the Platforms, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platforms at any time without prior notice or liability.

Amendments

At its sole discretion, foodninja may amend these Terms at any time. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately.

Severability

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the country/courts of jurisdiction in which the relevant foodninja entity is incorporated. The Regional Trial Court of Dumaguete City, Negros Oriental, Philippines will have jurisdiction over any dispute or claim arising out of or in connection with the use of the Platforms.

The exclusive exploitation of foodninja is entrusted to:

ISM2D LLC
8865 Commodity Circle
STE 12
Orlando, FL 32819
USA, Florida
Registration Number 32-0636496

contact@ism2d.com
+1 407-612-7700

Director of Publication and Writing: Mr. AUDIBERT Christian

Inalienable property of the website: ISM2D Limited

Contact us

If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support group at contact@ism2d.com

Prevailing Language

In case of dispute as to the Terms in any language, the English version shall prevail. Should these be any inconsistencies with the translated versions, the English language version of these Terms shall supersede in all respects and shall prevail.