TERMS OF USE
These Terms of Use (“Terms”) govern your use of the websites and mobile applications provided by Dellsons Foohub. The services we provide or make available include (a) the Platforms, and (b) the services provided by the Platforms and/or by Foodah and made available through the Platforms (collectively, “Services”). Any new features added to the Services are subject to these Terms. These Terms govern your use of Services provided by Foodah.
By accessing and using the Platforms, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platforms, including specifically the consent to the processing of your personal data in accordance with the terms set out in the Privacy Policy. If you do not agree to or fall within the Terms, please do not access or use the Platforms, or the Services.
The Platforms may be used by (i) natural persons who have reached eighteen (18) years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.
Users below the age of eighteen (18) must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of Meals. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately.
Foodah reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.
All photos and images of the Meals shown on the Platform are also for illustrative purposes only and may differ from the actual Meals.
1. Foodah
1.1. About us
Through our Platforms, Foodah links you to the vendors (“Vendors”) for you to order a variety of Meals including prepared Meals and non-prepared food, (hereinafter collectively referred to as "Meals") to be delivered to you. When you place an order for Meals from our Vendors (“Order”), Foodah 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.
2. Use of the Platforms and Foodah Account
2.1. You will need to register for a Foodah account (“Foodah Account”) for you to use the Platforms. When you register for a Foodah Account, we will ask you to provide your personal information including your full name, a valid email address, a mobile phone number and a unique password (hereinafter collectively referred as “User’s Details”). We reserve the right to request further information or documentation from you to comply with our legal obligations. We reserve the right to transmit a One-Time Pin (“OTP”) via Short Message Service (“SMS”) or through messaging platforms such as Viber, Whatsapp, or any other similar communication applications, at our sole discretion. To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card details. Your unique password should not be shared with anyone and you agree to keep it secret at all times. 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 Foodah Account are your sole responsibility.
2.2. Foodah shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect, or missing information provided by you. You are obliged to provide information that is complete, accurate, and truthful for the proper processing of the Order, including your delivery address and contact information.
2.3. If you wish to delete your Foodah Account, please send us an email requesting the same. We may restrict, suspend or terminate your Foodah Account and/or use of the Platforms, if we reasonably believe that:
2.3.1. someone other than you is using your Foodah Account; or
2.3.2. 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 deem in our sole discretion to be an abuse of the Platforms.
3. Restrictions
3.1. Activities Prohibited on the Platforms
You may not access or use the Platforms for any other purpose other than that for which the Platform makes it available. The Platforms are for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Platforms.
The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. Foodah reserves the right to investigate and take appropriate legal action against anyone who, in Foodah's sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:
3.1.1. using the Platforms for any purpose in violation of local or national regulations;
3.1.2. posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
3.1.3. posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Foodah in its sole discretion or pursuant to local community standards;
3.1.4. posting content that constitutes cyber-bullying, as determined by Foodah in its sole discretion;
3.1.5. posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;
3.1.6. posting telephone numbers, street addresses, or last names of any person;
3.1.7. posting URLs to external websites or any form of HTML or programming code;
3.1.8. posting anything that may be “spam,” as determined by Foodah in its sole discretion;
3.1.9. impersonating another person when posting content;
3.1.10. harvesting or otherwise collecting information about others, including email addresses, without their consent;
3.1.11. allowing any other person or entity to use your identification for posting or viewing comments;
3.1.12. harassing, threatening, stalking, or abusing any person on the Platforms;
3.1.13. engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of Foodah, exposes Foodah or any of its customers, suppliers, or any other parties to any liability or detriment of any type;
3.1.14. encouraging other people to engage in any prohibited activities as described herein; or
3.1.15. any other prohibited activities as may be listed in our Acceptable Use Policy, which is incorporated by reference herein and accessible on our website.
3.2. Foodah reserves the right but is not obligated to do any or all of the following:
3.2.1. investigate an allegation that any content posted on the Platforms does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;
3.2.2. remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
3.2.3. suspend or terminate a user’s access to the Platforms or their Foodah Account upon any breach of these Terms;
3.2.4. monitor, edit, or disclose any content on the Platforms; and
3.2.5. edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.
3.2.6. The sale or promotion, Alcoholic beverages, Vape products, e-cigarettes, and related accessories, Cigarettes and other tobacco products Foodah reserves the right to delist any vendor found offering such products, without prior notice. Violations may result in account suspension or termination.
4. Intellectual Property
4.1. All trademarks, logos, images, 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 Foodah and/or third parties who have authorised us to use their trademarks, logos, images, and service marks (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Foodah's trademarks on any other website not approved by us is strictly prohibited. Foodah will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Foodah 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 Foodah. Use of any materials on the Platforms is at your own risk.
5. Restrictions on Meals
5.1. Some of the Meals we offer on our Platforms are subject to restrictions for purchase (“Restricted Meals”), depending on the applicable laws of the country you purchase the Restricted Meals from. These restrictions include minimum age requirements for alcohol/alcoholic products and any other Meals that we reserve the right not to deliver to you based on the relevant statutory requirements of the time being in force.
6. Orders
6.1. When you place an Order with Foodah, Foodah will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include delivery, minimum order value and service fees and any applicable tax (e.g. value-added tax, etc.).
6.2. Minimum Order Value - Some of our Vendors require a minimum order value before an Order can be placed and delivered to you. Where an applicable Order fails to meet the Minimum Order Value , you will have the option of paying the difference to meet the Minimum Order Value or adding more Meals to your Order.
6.3. Special Instructions – Foodah and the Vendor (as the case may be) reasonably endeavour to comply with your special instructions for an Order. However, in some cases where this is not feasible, possible or commercially reasonable, Foodah and/or the Vendor reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither Foodah nor the Vendor shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.
6.4. Allergens – Foodah is not obligated to provide ingredient information or allergen information on the Platforms. Further, Foodah does not guarantee that the Meals sold by Vendors are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Vendor before placing an Order on our Platforms.
6.5. Please note that your Order may be subject to additional terms and conditions provided by the Vendor.
6.6. Prior to placing the Order:
6.6.1.1. You are required to provide the delivery address in order for the Platforms to display the Vendors available in your delivery area.
6.6.1.2. Once you select a Vendor, you will be taken to that Vendor’s menu page for you to select and add your Meals to the cart.
6.7. Placing the Order
6.7.1.1. To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’. 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”. An Order is successfully placed when you receive an email confirmation containing your Order receipt from us.
6.8. Cancelling an Order
6.8.1.1. Please contact us immediately via our in-app customer support chat feature if you wish to cancel your Order after it has been placed. You have the right to cancel your Order provided a Vendor has not yet accepted your Order.
6.9. Cancelling Online Payment Orders
6.9.1.1. You have the right to a refund for a cancelled 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 no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order.
6.9.1.2. Cancelling Cash on Delivery (“COD”) Orders
6.9.1.3. 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 COD may be removed from your list of available payment methods for your future orders.
6.10. Refunds
6.10.1.1. If you are entitled to a refund the refund and cancellation policies set out in these Terms, you understand and agree that:
6.10.1.2. the amount approved for refund to you shall be at Foodah’s sole discretion.
6.10.1.3. We may require you to provide additional information or supporting documents prior to processing any refund, including pictures of the physical receipts for Pick-Up Orders. We may, in our sole discretion, refuse to process any refund if you fail to provide such additional information or supporting documents.
6.10.1.4. For Orders paid through Gift Voucher, the approved amount for refund shall be returned to the same Gift Voucher used for the canceled or refunded Order.
6.10.1.5. For Orders in which payments were made through COD and you have opted to receive the refund to the original payment method, we will request you to designate a bank account and the refund will be processed to that account.
6.10.1.6. Refund to the original refund to the original payment method, including refund to credit card or debit card, may take up to forty-five (45) days.
6.10.1.7. The default mode of refund for Orders in which payments were done through a credit card, debit card, Gcash or COD method will be a refund to your Foodah e-Wallet Account. Such refunds will be processed in accordance with our Foodah e-Wallet Terms of Use.
6.10.1.8. You may opt out from receiving refunds to your Foodah e-Wallet Account as the default mode of refund at any time by changing your preferences in the “Settings” on the Platforms and in such cases, the refund will be processed to the original payment method that was used to make the original payment for the Order.
6.10.1.9. If you have not received a refund, you may wish to check your bank account again or contact your credit card company or bank as it may take some time for your refund to be published. If you still have not received your refund, please contact customer support via one of the methods set out in Clause 1.3 above.
6.10.2. Foodah reserves the right to cancel any Order and/or suspend, deactivate or terminate your Foodah account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your Foodah account and/or with your Order.
7. Prices and Payments
7.1. All prices displayed on the Platform are shown in Philippine Pesos (PHP) and are inclusive of applicable taxes. Please note that prices and offers on the Platform may differ from those offered directly by the Vendor through their physical store, website, or other sales channels.
7.2. The way we display the prices of our Meals may vary depending on the Vendor, and the prices reflected on our Platforms may:
7.2.1.1. include VAT or such other equivalent tax; or
7.2.1.2. exclude VAT or such other equivalent tax.
7.3. Before you checkout, you'll see a breakdown of the prices and additional charges. By placing an order, you agree to pay all the amounts, including any extra charges, and the final ‘Total’ amount shown to you.
7.4. Delivery fees are chargeable on every Order unless:
7.5. you opt to collect your Order directly from the Vendor (“Pick-Up”);
7.6. you have a valid promotional or discount voucher and apply it at Checkout; or
7.7. unless stated otherwise.
7.8. Prices and additional charges (including but not limited to Delivery, Minimum Order Value or Service fees) indicated on the Platforms are as at the time of each Order and may be subject to change.
7.8.1.1. A breakdown of the prices and additional charges (including but not limited to Delivery, Minimum Order Value or Service fees) are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final 'Total' amount which is displayed to you.
7.9. You can choose to pay for an Order using any of the different payment methods offered on the Platforms including:
7.10. Our payment partners: Visa, Mastercard, GCash, COD; or
7.11. Such other payment methods we offer from time to time.
7.12. After an Order is successfully placed, you will receive an email confirmation from us with your Order receipt. Delivery fees will not appear in your Order receipt if you opt for Pick-Up.
8. Payment Methods
8.1. Foodah reserves the right to add or remove payment methods at any time, at its sole discretion. If you choose to pay online, our third-party payment service provider(s) will process your payment. With your consent, they will store your credit card or payment information for future orders. Note that Foodah does not store this information itself.
8.2. You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order. Insofar as required, Foodah takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations, and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.
9. Delivery, Pick-Up and Vendor Delivery
9.1. Delivery Areas
9.1.1. You acknowledge that Vendors on the Platform provide their Meals within designated delivery zones, which may vary from one Vendor to another. The availability of Vendors is determined based on the delivery address you provide. These delivery areas may be adjusted, expanded, limited, or temporarily suspended due to weather conditions, traffic disruptions, or other events beyond our reasonable control, including force majeure situations.
9.2. Delivery Time
9.2.1. Foodah shall deliver your Order to the delivery address provided by You. You may have the option to choose for your Order to be delivered “ASAP” or scheduled for a specific time, if these options are made available to you. An estimated delivery time will be provided to you in your email confirmation but delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on ‘Orders’ or ‘My orders’ on the Platforms. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss the delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed. If your Order contains Alcohol or Tobacco (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, Foodah reserves the right not to deliver your Order to you.
9.3. Delivery Options
9.3.1. Foodah offers the following delivery options:
9.3.1.1. Standard Delivery : If you choose standard delivery, you will be shown an estimated delivery time for your Order. However, we will attempt to deliver your Order as soon as possible, and you must therefore be available to accept delivery from the time you place the order.
9.3.2. Scheduled Delivery: The scheduled delivery programmer (the “Scheduled Delivery”) allows you to choose a specific timing to schedule an Order in advance for delivery at a specific time.
9.4. Foodah shall not be liable for any claim, loss or damage whatsoever incurred by you arising from you voluntarily opting in, to Saver Delivery, Priority Delivery and/or Scheduled Delivery.
9.5. Unsuccessful or Failed Deliveries; In cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:
9.5.1. no one was present or available to receive the Order;
9.5.2. customer was uncontactable despite attempts to reach the customer via the phone number provided;
9.5.3. lack of appropriate or sufficient access to deliver the Order successfully;
9.5.4. lack of a suitable or secure location to leave the Order; or
9.5.5. in the case of Restricted Meals, the customer did not meet the statutory age requirements or delivery did not deem it safe or appropriate for the customer to receive the Restricted Meals.
9.6. No-show Cancellations: If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, Foodah reserves the right to cancel the Order without refund or remedy to you.
9.7. Wrong Order, Missing Items, Defective Meals;
Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support via one of the methods indicated in Clause 1.3 above immediately. In some cases, Foodah may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Meals you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.
9.8. Order Pick-Up
Where available, you will have the option of collecting your Order in-person directly from the Vendor’s premises instead of having the Order delivered to You. Your email confirmation will indicate the time for you to Pick-Up the Order (“Preparation Time”). The Vendor will prepare the Order by the Preparation 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 Preparation Time (“Pick-up Time”) and shall not be obliged to provide the Order to you if you fail to Pick-Up your Order within the Pick-up Time.
9.9. In the event of any unreasonable delay in Pick-Up caused by you, you shall assume full responsibility for any damage, loss, deterioration in quality, or change in condition of the Meals (including but not limited to temperature changes affecting fitness for consumption). In such cases, you shall not be entitled to any refund, replacement, or compensation for the Meals. You are solely responsible for inspecting your Meals/Order at the time of Pick-Up and must immediately report any issues or defects directly to the Vendor prior to leaving the Vendor’s premises.
10. Promotional Vouchers, Gift Vouchers, Discounts and Promotions
10.1. From time to time, Foodah may run marketing and promotional campaigns which offer cashbacks, voucher codes, discounts, and other promotional offers to be used on the Platforms (“Promotional Vouchers”).
10.2. Foodah also allows for the purchase and redemption of electronic gift vouchers (“Gift Vouchers”), which may be used to purchase Meals and services from the Platform.
10.3. Promotional Vouchers and Gift Vouchers are subject to validity periods, and redemption periods, use restrictions, limits and/or other availability. All Promotional Vouchers and Gift Vouchers are offered on a ‘while stocks last’ basis.
10.4. Promotional Vouchers and Gift Vouchers may not be valid when used in conjunction with other promotions, discounts, or other vouchers.
10.5. Additional terms and conditions (including vendor-specific terms) may apply to Promotional Vouchers and Gift Vouchers.
10.6. Promotional Vouchers and Gift Vouchers can only be used on our Platforms. Promotional Vouchers and Gift Vouchers can be redeemed by selecting the payment mode as Promotional Vouchers and/or Gift Vouchers respectively.
11. Vouchers and Gift Vouchers are non-transferrable, non-exchangeable, non-refundable, and cannot be exchanged for cash.
11.1. Foodah does not warrant the quality or performance of the Gift Vouchers and shall not be responsible for any damages including, but not limited to, the loss of life, injury to person and/or damage to property arising from or in connection with the promotion and/or use of the Gift Vouchers.
11.2. Foodah is not responsible if your Gift Voucher is stolen, lost, destroyed or used without your permission. Foodah shall not be responsible, and assumes no liability to you for any unlawful conduct or fraud by any third party associated with any Gift Voucher.
11.3. Foodah may withdraw, amend, and/or alter any applicable terms and conditions of the Promotional Vouchers and Gift Vouchers at any time without prior notice.
11.4. Foodah further reserves the right to void, discontinue or reject the use of any Promotional Voucher and/or Gift Voucher without prior notice. for reasons including but not limited to:
11.4.1. any liquidation, administration or winding-up of your company or (ii) voluntary arrangement with your creditors; and
11.4.2. any suspension of payment due to Foodah in relation to the Gift Vouchers.
11.5. Foodah may, at its sole discretion forfeit, exclude, disqualify or refuse your use of Promotional Vouchers and/or Gift Vouchers redemption from certain Vendors, at any time without prior notice.
11.6. If the order value is less than the amount of the Gift Voucher, the outstanding balance (after deduction of order value) will reflect under the same Gift Voucher and can be used for subsequent transactions.
12. Representations, Warranties and Limitation of Liabilities. You acknowledge and agree that the content on the Platforms is provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platforms and any content, Meals, products or services accessed or obtained thereby is at your sole risk and discretion. While Foodah 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, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platforms due to scheduled or regular system maintenance work, downtimes attributable to the internet or electronic communications or events of force majeure. You agree that all risks arising from online transactions will be borne by you.
12.1. of Liability
12.1.1. To the extent permitted by law, Foodah (which shall include its employees, directors, agents, representatives, affiliates and parent company) excludes all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third-party may incur in connection with our Platforms, our services, 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 Foodah entities, their agents, representatives, 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 including, without limitation, damages for lost profits, lost data, loss of Meal will, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Foodah entities, their agents, representatives, 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, in such states or jurisdictions, Foodah, the Foodah entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law.
12.2. Vendor’s representations
12.2.1. Foodah shall neither be liable for actions or omissions of the Vendor nor you in regard to provision of the Meals and where the Vendor delivery applies to your Order. Foodah does not assume any liability for the quantity, quality, condition or other representations of the Meals and/or services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Meals) displayed on the Vendor’s listing/offering on the Platforms. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct.
13. Vendor Liability. Vendors are responsible for the preparation, condition and quality of Meals. In cases of Vendor Delivery, Vendors are responsible for delivery of the Meals and/or Orders. Foodah shall not be liable for any loss or damage arising from your contractual relationship with the Vendor.
14. Personal Data (Personal Information) Protection. You agree and consent to Foodah and any of its affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy: https://order.foodah.ph/privacy/policy
15. Indemnity. You agree to indemnify, defend, and hold harmless Foodah, its directors, officers, employees, representatives, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including but not limited to, legal fees) arising out of or in connection with any of the following:
15.1. your use of the Platforms, Services, and/or Foodah e-Wallet Account in your dealings with any third parties, including, but not limited to, the Vendors, delivery agents, and other users of the Platforms;
15.2. your breach of these Terms or any applicable law or regulation;
15.3. your violation of any rights of any third-party; or
15.4. your misuse of the Services and/or the Platforms.
16. Third-Party Links and Websites. The Platforms may contain links to other third-party websites and by clicking on these links, you agree to do so at your own risk. Foodah does not control or endorse these third-party websites or links and shall not be responsible for the content of these linked pages. Foodah accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third-party links and websites.
17. Termination. Foodah has the right to terminate, suspend or delete your Foodah Account and access to the Platforms, including any delivery service we provide to you in respect of an Order, with immediate effect for any reason, including, without limitation, if Foodah, in its sole discretion, considers your use to be unacceptable, or in case of noncompliance or serious suspicion of non-compliance with the applicable laws, including, but not limited to, anti-money laundering and terrorist financing laws and regulations, or in the event of any breach by you of the Terms and/or the Foodah e-Wallet Terms. Foodah may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Platforms.
18. Amendments. Foodah may amend these Terms at any time in its sole discretion. 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.
19. Assignment. These Terms, as may be modified from time to time, may not be assigned by you without the prior written approval of Foodah. Foodah may assign these Terms, whether in whole or in part, to any third-party, including its affiliates or related entities, without your consent.
20. Severability. If any provision of these Terms 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 which shall remain in full force and effect. No waiver of any provision in these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
21. Governing Law.These Terms shall be governed and construed in accordance with the laws of the Republic of the Philippines. Any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Republic of the Philippines and you agree to submit all disputes and claims arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the appropriate court in Quezon City, Philippines, to the exclusion of all other courts.
22. Prevailing Language.In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.
23. Delivery Partner Tip
23.1. Delivery Partner Tip is applicable for all orders except for COD orders and orders delivered by Vendor Delivery. When you place an order on the Platforms and/or after your order is delivered, you will have the option to pay a tip to the Foodah Delivery Partner assigned to deliver your order. Foodah will collect payment for the tip using the payment method chosen by you for the order. The Delivery Partner will receive the full amount of any tip you choose to make once the delivery is completed.
23.2. For orders cancelled before delivery, Foodah will process a refund of any Delivery Partner tip paid by you to the payment method used for the order. Refunds will require time to be processed by us, your credit card company and/or your bank. It can take anywhere from 5 to 10 business days (or even up to 30 days for overseas banks) for your refund to be processed and reflected in your account.
23.3. Tips are not refundable once the order has been delivered by the Delivery Partner and/or once you agree to pay after your order is delivered.
23.4. If you have any questions or concerns regarding your Delivery Partner tip, you may contact our customer support team through email or via the in-app chat feature available on the Platform.
24. Application of Platform Terms. The terms and conditions relating to the use of the Platform shall continue to apply.
25. Variation. Foodah may at its sole and absolute discretion modify, withdraw or discontinue, temporarily or permanently, the service or any part thereof at any time without prior notice. Any decisions made by Foodah in relation to this service shall be final and conclusive. All changes or updates will be made available on the Platform.
Section B - Foodah e-Wallet Terms of Use
By accessing or using the Services, the Foodah Account, or the Platforms, you signify your acknowledgment and agreement to be legally bound by these Foodah Terms and Conditions. You are strongly encouraged to read these Terms carefully prior to any use. Your continued access or use of the Services shall constitute either an express or implied acceptance of these Terms. Furthermore, by accepting these Terms, you likewise acknowledge and agree to be bound by Foodah’s applicable policies, including but not limited to its Privacy Policy, as published on the official Foodah website and as may be amended from time to time.
1. Use of Foodah e-Wallet
1.1. The balance maintained in the Foodah e-Wallet Account shall not be withdrawable in cash, nor shall it be transferrable to any bank account, debit card, or credit card. Said balance may exclusively be utilized for the purchase of goods and/or services from authorized Vendors available on the Platforms.
1.2. The Foodah e-Wallet Account, including any monetary value stored therein, is strictly non-transferable and shall not be assigned, conveyed, or otherwise transferred to any third party, whether for consideration or otherwise.
1.3. No interest, dividend, rebate, reward, or other form of return shall accrue or be payable on the available balance in the Foodah e-Wallet Account, regardless of the period during which such balance is maintained.
1.4. Each User shall be permitted to maintain only one (1) Foodah e-Wallet Account. Any indication or reasonable suspicion of a violation of this provision shall constitute sufficient cause for the suspension and/or termination of the User’s access to any and all Foodah e-Wallet Accounts under said User’s control or ownership.
1.5. The User shall bear sole responsibility for all activities conducted through their respective Foodah Account and Foodah e-Wallet Account. Foodah shall not be held liable for any loss or damage resulting from access to, or use of, said accounts by any third party authorized—whether expressly or impliedly—by the User. Any and all actions undertaken by such third party shall be conclusively deemed to be actions authorized by the User. Moreover, the User hereby agrees to hold Foodah free and harmless from, and to indemnify it against, any and all liabilities, claims, damages, or losses arising from, or in connection with, the acts or omissions of said third party.
1.6. Foodah reserves the right to require, at any time and from time to time, additional information from the User concerning the User’s identity, use of the Foodah e-Wallet Account, transaction history, and/or the number of e-Wallet accounts registered under the User’s name. The User undertakes to provide such information accurately, completely, and in good faith. Failure to comply with such request may, at the sole discretion of Foodah, result in the immediate suspension or termination of the User’s Foodah e-Wallet Account and/or Foodah Account.
1.7. Foodah reserves the right, at its sole discretion and without prior notice, to suspend, restrict, or permanently discontinue the User’s access to the Foodah e-Wallet Account at any time and for any reason deemed appropriate, including but not limited to the following circumstances:
1.7.1. In the event of any suspected breach or violation of applicable laws, rules, regulations, circulars, directives, or guidelines issued by competent governmental authorities, including the Bangko Sentral ng Pilipinas (BSP), or non-compliance with any instructions, advisories, or terms of use issued by Foodah from time to time, including these Foodah e-Wallet Terms and Conditions;
1.7.2. Where there exists any reasonable suspicion of discrepancy, falsity, misrepresentation, or material inaccuracy in the User’s personal data, financial information, identity documents, or any other supporting documentation submitted to Foodah;
1.8. As may be necessary to address or prevent suspected fraud, sabotage, money laundering, terrorism financing, malicious activity, or in response to force majeure events and similar threats to the integrity of the system;
1.9. Whenever Foodah, in its sole and exclusive discretion, determines that such suspension or discontinuation is warranted in furtherance of a legitimate business interest, regulatory compliance, or the protection of its services, systems, users, or reputation.
2. Mode of Refunds
2.1. If you are entitled to a refund in accordance with the refund and cancellation policies set out in the Refund policies, the default mode of refund for Orders in which payments were done through a credit card, debit card or COD method will be a refund to your Foodah e-Wallet Account. The amount approved for refund (“Refund Amount”) to you shall be at Foodah’s sole discretion.
2.2. If your original payment method is through a credit card or debit card, you have the option to transfer the Refund Amount to your original payment method within thirty (30) days (“Decision Period”) from the date the refund is made to your Foodah e-Wallet Account.
2.3. You will be deemed to have purchased Foodah e-Wallet load using the Refund Amount in the following instances:
2.3.1. During the Decision Period and you:
2.3.1.1. use the Refund Amount to pay for your subsequent Order; or
2.3.1.2. select to transfer the Refund Amount to your Foodah e-Wallet Account;
2.4. Upon the expiration of the Decision Period and you did not take any action. In such case, the Refund Amount will be added to your Foodah e-Wallet Account.
2.5. Pending any action or decision on your part during the Decision Period, you understand and agree that Foodah is merely holding the Refund Amount in trust, on your behalf.
2.6. You may opt out from receiving refunds to your Foodah e-Wallet Account as the default mode of refund at any time by changing your preferences in the “Settings” on the Platforms and in such cases, the refund will be processed to the original payment method that was used to make the original payment for the Order. For Orders in which payments were made through COD, we will request you to designate a bank account and the refund will be processed to that account. Please note that the refund to the original payment method, including refund to credit card or debit card, may take up to forty-five (45) days.
3. Change to Wallet in case of COD
3.1.1. In case of COD (i.e., cash payment made through the Delivery Partner to Foodah at the time of delivering the order), you have the option of receiving the exact change of your cash payment into your Foodah e-Wallet Account instantly and in a contactless manner, instead of handling cash. The change will be reflected in your Foodah e-Wallet Account, and the aforementioned amount can be redeemed immediately on your next Order. Should you wish for the change to be processed to your bank account, then we will request you to designate a bank account and the change will be processed to that account.
3.2. Validity of Balance in Foodah e-Wallet Account:
3.2.1. The balance reflected in your Foodah e-Wallet Account which came from refunds, online top-ups, and change for payments made by COD does not expire as long as you have a valid Foodah e-Wallet Account.
3.2.2. The balance reflected in your Foodah e-Wallet Account which came from cashback or other incentives rewarded by Foodah may have an expiry date, subject to the applicable cashback or incentive terms and conditions.
3.2.3. In the event that your Foodah e-Wallet Account terminates or you wish to close your Foodah e-Wallet Account, you may redeem the entire outstanding balance in your Foodah e-Wallet Account by making a purchase on the Platforms before closing your Foodah e-Wallet Account. Any outstanding balance in your Foodah e-Wallet Account at the time you close your Foodah e-Wallet Account will be forfeited. However, if your Foodah e-Wallet Account is terminated by Foodah pursuant to Paragraph (d), (g) or (m), the termination may take place with immediate effect and you may not be permitted to utilize any remaining balance in your Foodah e-Wallet Account, which will be forfeited.
3.3. Prohibited Uses of Foodah e-Wallet Account: Without prejudice to the other restrictions and limitations contained above, you shall not under any circumstances:
3.3.1. use the Foodah e-Wallet Account to defraud Foodah, our affiliates or other members or users, or engage in other unlawful activities (including, without limitation, dealing in products or services prohibited by law);
3.3.2. use the Foodah e-Wallet Account in such a manner that violates, or causes Foodah to violate, any law, statute, ordinance or regulation;
3.4. impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signatures or perform any other fraudulent activity;
3.4.1. post or transmit any message, image or data which is pornographic, obscene, abusive, offensive, inappropriate, unlawful, infringing, inaccurate, false, defamatory, violent, or otherwise objectionable in nature;
3.4.2. purchase any products or services using fraudulent, misappropriated, or unlawfully obtained funds;
3.4.3. use the balance in the Foodah e-Wallet Account in a manner that may result in complaints, disputes, imposition of fines, penalties, chargebacks or any other liability to Foodah; or
3.4.4. use the Foodah e-Wallet Account for money laundering, terrorism financing, tax evasion or any other illegal activities.
3.5. Your Responsibilities with Foodah e-Wallet: In connection with your use of the Foodah e-Wallet Account, it shall be your responsibility to adhere to the following:
3.5.1. Promptly inform Foodah of any unauthorized usage of your Foodah e-Wallet Account and any other circumstances which may lead to unauthorized usage of your Foodah e-Wallet Account. The responsibility of any transaction prior to intimation, will solely be on the registered User;
3.5.2. If you receive an erroneous transfer to your Foodah e-Wallet Account and such error is brought to your attention, you agree to return and cooperate with the steps taken by Foodah to return such erroneously-transferred value to Foodah promptly. Please note that it may be an offence to retain and/or use any value that you are aware has been transferred to you in error;
3.5.3. that when you acquire goods and/or services from a Vendor and pay the Vendor through the Foodah e-Wallet Account, you understand that you enter into a contract with the Vendor and we are not a party to the contract between you and the Vendor. Foodah shall not be liable for any loss or damage arising from your contractual relationship with the Vendor. In addition, Foodah is under no obligation to monitor the quality of the Vendor’s service used by you; the Vendor alone will be responsible for all obligations under the contract between you and the Vendor, including, but not limited to, warranties or guarantees. Foodah shall not be responsible or liable for any deficiency in the preparation, condition and quality of goods and/or services purchased from Vendors using the balance in the Foodah e-Wallet Account;
3.5.3.1. to use the Foodah e-Wallet Account in good faith and in compliance with all applicable laws and regulations, all instructions or notifications issued to you by Foodah from time to time, and these Foodah e-Wallet Terms; and
3.5.3.2. to be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any products or services purchased or supplied by a merchant or otherwise arising from transactions
4. Unauthorized Transactions and Redressal of Foodah e-Wallet:
4.1. An unauthorized transaction occurs when a payment is made from or to your Foodah e-Wallet Account that you did not authorise. For example, if someone makes a transaction from your Foodah e-Wallet Account using a stolen password, an unauthorized transaction has occurred. If you provide access to your Foodah e-Wallet Account to a third party (by disclosing your login information or any other information) and they conduct transactions without your knowledge or permission, you are responsible for any resultant use.
4.2. The liability of any misuse is solely yours, until you report the issue to Foodah.
4.3. In the event an unauthorized transaction is made using your Foodah e-Wallet Account, you should immediately notify Foodah if you believe:
4.3.1. there has been an unauthorized transaction or unauthorized access to your account; or
4.3.2. your username and password for your Foodah e-Wallet Account has been compromised
4.4. For unauthorized transactions or errors made using your Foodah e-Wallet Account, you may notify us via our in-app customer support chat feature