As provided in greater detail in these Terms, you agree and acknowledge that the Terms include the following material terms:
● Your use of the Foodeasygo Services may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage, messaging and overage, which are your sole responsibility;
● The Foodeasygo Services are provided “as is” without warranties of any kind and Foodeasygo’s liability to you is limited;
● if you have an Foodeasygo account, you may receive coupons when using the Foodeasygo Service which can only be used on the Foodeasygo Service.
● You may receive Wechat messages from or on behalf of Foodeasygo as a part of the Foodeasygo Services at the Wechat ID provided by you to Foodeasygo, and you consent to receiving such messages.
● Disputes arising hereunder will be resolved by binding arbitration, and BY ACCEPTING THESE TERMS, YOU AND FOODEASYGO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Dispute and Arbitration Section below for the details regarding your agreement to arbitrate any disputes with Foodeasygo; Please note that if you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Website and the Foodeasygo Services, and your parent or legal guardian must read and agree to these Terms prior to your using the Website and the Foodeasygo Services. Notwithstanding the foregoing, however, persons under the age of 13 are not permitted to register for the Website or use the Foodeasygo Services.The Website is owned and operated by Foodeasygo, Corp. (“Foodeasygo”), and is hosted in the United States. Foodeasygo reserves the right to modify or discontinue, temporarily or permanently, and at any time, the Website, mobile app and/or the Foodeasygo Services (or any part thereof) with or without notice. You agree that Foodeasygo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Foodeasygo Services.Please note that Foodeasygo may modify these Terms from time to time, and any change to these Terms will be reflected on the Website (with revisions being indicated by date), and you agree to be bound to any changes to these Terms when you use the Website or the Foodeasygo Services. Foodeasygo may also, in its sole and absolute discretion, choose to alert via email all users with whom it maintains email information of such modifications. It is therefore important that you regularly review these Terms and keep your contact information current in your account settings to ensure you are informed of any such changes. Modifications to these Terms shall be effective 30 days after being posted but shall not apply retroactively. Also, occasionally there may be information on the Website or within the Foodeasygo Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and Foodeasygo reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
The Website and the Foodeasygo Services
The Website and the Foodeasygo Services are a third-party marketplace for customers to view and place orders for food and beverages with participating restaurants. Foodeasygo provides order placement services and partial delivery service. Foodeasygo is not a merchant of food or beverages, or provider of any delivery services in connection therewith, and does not control the Restaurants or the production of any food or beverages.
The Restaurants have entered into agreements with Foodeasygo to comply with federal, state and local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. Foodeasygo, including the Website, Mobile app and the Foodeasygo Services, does not in any way independently verify the credentials or representations of any of the Restaurants, the ingredients or the quality of any their products or services, or any Restaurant’s compliance with applicable laws.
Customers using the Foodeasygo Services must make themselves comfortable through the information provided by the Restaurants on the Website, by contacting the Restaurants directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability and quality of the Restaurants and the Restaurants’ compliance with applicable laws. Foodeasygo, including the Website and the Foodeasygo Services, does not in any way guarantee the quality of any Restaurant or any food or beverage, or any compliance thereof with applicable laws. In addition, a Restaurant may represent certain standards with respect to their food preparation (or other services), such as “organic,” “kosher,” “macrobiotic” or allergen- specific standards such as “nut-free,” “gluten-free,” or “lactose-free”; Foodeasygo does not investigate or verify any such representations. Foodeasygo shall not be liable or responsible for any food or beverages, or any other services, offered by the Restaurants or any errors or misrepresentations made by them (including on the Website and through the Foodeasygo Services).
We do take customer satisfaction very seriously and, in addition to contacting the applicable Restaurant directly, we ask that you notify Foodeasygo of all complaints or concerns that you might have regarding the Restaurants.
ORDERING AND PAYMENT
When you place an order through the Foodeasygo Services, you will be given a choice of payment options, which may include via credit card or cash payment. If you pay for your purchase via credit card, we will ask for a valid credit card as applicable, which will be billed through the Foodeasygo Services, for the purchase price of the applicable order, and “Foodeasygo” will be the name that appears on the credit card, as applicable. As stated above, however, Foodeasygo, including the Website and the Foodeasygo Services, is not and shall not in any manner be considered the seller of any of the food, beverages, and services ordered.
To ensure the most efficent delivery services, you are required to provide us the most accurate delivery information at your knowledge, which includes your phone number, address with correct zip code and email address. The foodeasygo driver will wait no more than five minutes to hand over your order. In any cases when you can not be reached through phone calls or via email, the foodeasygo driver shall leave the order at your front door, apartment hallway or front desk of selected delivery address.
We are committed to call you upon arrival, the foodeasygo services has no responsibilty of any food lost, stolen or food quality problems when your order can not be handed over in person.
USER REPRESENTATIONS, WARRANTIES AND COVENANTS
By using the Website, Mobile app and/or the Foodeasygo Services, you represent, warrant, and covenant that:
1. all registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information;
2. you will keep your password confidential and will be responsible for all use of your password and your account;
3. you are not a minor in the jurisdiction in which you reside, or if you are a minor, that you are above the age of 13 and that you have received the permission of your parents or legal guardian to use the Website and the Foodeasygo Services;
4. your use of the Website and the Foodeasygo Services does not violate any applicable law.
The Website and the Foodeasygo Services are for personal, noncommercial use only (unless specifically endorse or approved by Foodeasygo). You may not access or use the Website for any other purpose other than the legitimate review and request for food and beverage products, and pick-up and delivery services in connection therewith, provided by the Restaurants. Additionally, the following uses and activities of and with respect to Foodeasygo, including the Website and the Foodeasygo Services, are prohibited:
1. Criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
2. Advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by Foodeasygo;
3. Systematic retrieval of data or other content from the Website or the Services to create or compile, directly or indirectly, any collection, compilation, database or directory;
4. Engaging in unauthorized framing of or linking to the Website or the Foodeasygo Services;
5. Transmitting chain letters or junk email;
6. Using any information obtained from the Website or the Foodeasygo Services in order to contact, advertise to, solicit, or sell to any user;
7. Engaging in any automated use of the Website or the Foodeasygo Services, or any system or component thereof, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
8. Interfering with, disrupting, or creating an undue burden on the Website or the Foodeasygo Services or the networks or services connected or linked thereto;
9. Attempting to impersonate another user or person;
10. Using the username of another user;
11. Selling or otherwise transferring your profile;
12. Using any information obtained from the Website or the Foodeasygo Services in order to harass, abuse, or harm another person;
13. Using the Website or the Foodeasygo Service as part of any effort to compete with Foodeasygo, the Website, Mobile app or the Foodeasygo Service or to provide services as a service bureau;
14. Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website, Mobile app or the Foodeasygo Services;
15. Attempting to bypass any measures of the Website, Mobile app or the Foodeasygo Services designed to prevent or restrict access to the Website or the Foodeasygo Services, or any portion of the Website, Mobile app or the Foodeasygo Services;
16. Harassing, annoying, intimidating or threatening any Foodeasygo employees or agents engaged in providing any portion of the Foodeasygo Services;
17. Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website, Mobile app or the Foodeasygo Services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
18. Deleting the copyright or other proprietary rights notice from any Contribution or any portion of the Website, Mobile app or the Foodeasygo Services (including any content therein and thereof); and
19. Using the Website, Mobile app and/or the Foodeasygo Services in any manner inconsistent with any and all applicable laws and regulations.
INTELLECTUAL PROPERTY RIGHTS
As between you and Foodeasygo, all of the content included in and as a part of the Website and the Foodeasygo Services (including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, the “Foodeasygo Content”), including all trademarks, service marks, and logos contained therein (“Marks”), is the property of or is licensed to Foodeasygo, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Foodeasygo reserves all rights in and to the Website, the Foodeasygo Services, and the Foodeasygo Content and Marks. Subject to your agreement to, compliance with, and except as otherwise prohibited by, these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website and the Foodeasygo Services; the license granted hereby does not include any resale or commercial use of the Website, the Mobile app the Foodeasygo Services, or the Foodeasygo Content. If you download or print a copy of the Foodeasygo Content for personal use in accordance with the limited license granted herein, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Foodeasygo Content or enforce limitations on use of the Website, Mobile app or the Foodeasygo Content therein.
THIRD PARTY WEBSITES AND CONTENT
The Website and the Foodeasygo Services may contain, or you may be sent through the Website or the Foodeasygo Service to, links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Foodeasygo (including the Website and the Foodeasygo Services), and Foodeasygo (including the Website and the Foodeasygo Services) are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you agree that Foodeasygo (including the Website and the Foodeasygo Services) shall have no responsibility with respect thereto. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or through the use of the Foodeasygo Services or as may otherwise relate to any applications that you use or install from the Website or through the Foodeasygo Services. Any purchases you make through Third Party Websites will be through and from the applicable third party, and Foodeasygo (including the Website, the Mobile app and the Foodeasygo Services) takes no responsibility whatsoever in relation to such purchases, which you agree are exclusively between you and the applicable third party.
Foodeasygo reserves the right but does not have the obligation to:
1. Monitor the Website, the Mobile app and the Foodeasygo Services for violations of these Terms;
2. Take appropriate legal action against anyone who, in Foodeasygo sole and absolute discretion, violates these Terms, including without limitation, reporting such person to law enforcement authorities;
3. In Foodeasygo’s sole and absolute discretion, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate these Terms or any applicable policy of Foodeasygo, the Website, and/or the Foodeasygo Services;
4. In Foodeasygo’s sole and absolute discretion, remove from the Website or the Foodeasygo Services, or otherwise disable all files and content, that are excessive in size or are in anyway burdensome to the Website’s or the Foodeasygo Services’ systems; and
5. Otherwise manage the Website in a manner designed to protect the rights and property of Foodeasygo and others and to facilitate the proper functioning of the Website and the Foodeasygo Services.
TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the Website or the Foodeasygo Services. You may terminate your use or participation at any time, for any reason, by either ceasing to use the Website, Mobile app and the Foodeasygo Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, FOODEASYGO RESERVES THE RIGHT TO, IN FOODEASYGO’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE, THE MOBILE APP AND THE FOODEASYGO SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION, AND FOODEASYGO MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE FOODEASYGO SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN FOODEASYGO’S SOLE AND ABSOLUTE DISCRETION.
Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms, shall be deemed to survive for as long as necessary to fulfill such purposes.
Your use of the Foodeasygo Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Foodeasygo Service or certain features of the Foodeasygo Service that we may post on or link to on the Foodeasygo Service (the "Additional Terms"), such as end- user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Foodeasygo Service. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
These Terms are governed by the laws of the State of Massachusetts without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and Foodeasygo agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Suffolk County, MA for the purpose of litigating any dispute. We operate the Foodeasygo Service from our offices in Boston, and we make no representation that the Foodeasygo Services are appropriate or available for use in other locations.
Foodeasygo cannot control the nature of all of the content available on the Website or through the Foodeasygo Services, or the products and services being sold by the Restaurants therein. By operating the Website and providing the Foodeasygo Services, Foodeasygo does not represent or imply that Foodeasygo endorses any Restaurant, Contributions, or any other content or products available on or linked to by the Website, the Mobile app or through the Foodeasygo Services, or that Foodeasygo believes any products, Contributions, or other content to be accurate, useful, or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable products or content you may encounter on the Website or through the Foodeasygo Services or in connection with any Restaurants, Contributions, or other third parties.
YOU AGREE THAT YOUR USE OF THE WEBSITE, THE MOBILE APP AND FOODEASYGO SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FOODEASYGO, ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND FOODEASYGO SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FOODEASYGO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, OUR MOBILE APP AND FOODEASYGO SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE PRODUCTS, SERVICES, OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THROUGH THE FOODEASYGO SERVICES. FOODEASYGO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FOODEASYGO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.