These Terms of Service govern your use of Foodince, our website located at https://www.foodince.com, and any related services provided by Foodince Technology Limited.
When you create an Foodince account or use Foodince, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app or using any other services provided by Foodince Technology Limited.
If you access or download Foodince from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
We, Foodince Technology Limited, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on 22 February 2024.
Foodince Technology Limited facilitates the reservation of surplus food products (“Products”) through our mobile application. Customers may reserve these Products by placing a reservation order on the platform. A reservation is confirmed when Foodince issues a Reservation Confirmation to the Customer.
Upon the reservation of a Product and its acceptance by the merchant, the Customer is committed to being present at the merchant’s location at the specified pick-up time for collection. Similarly, the merchant is obliged to have the Products available for sale as outlined in the Reservation Confirmation. Both parties, the Customer and the merchant, retain a right of cancellation under specified conditions.
Foodince operates solely as a facilitator for the sale of Products on behalf of merchants. Consequently, there is no contractual relationship between Foodince and the Customer regarding the Products. Foodince’s role extends to collecting the purchase price on behalf of the merchant and acting as a payment agent.
By using Foodince and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:
The intellectual property in the materials in Foodince and on our website are owned by or licensed to Foodince Technology Limited. You may download Foodince to view, use, and display the application on your mobile device for your personal use only.
This constitutes the grant of a licence, not a transfer of title. This licence shall automatically terminate if you violate any of these restrictions or these Terms of Service and may be terminated by Foodince Technology Limited at any time.
When a Customer places an order on the Foodince platform, they confirm their legal capability to enter binding agreements, affirm that they are shopping for personal purposes, and verify that they are at least 18 years old with access to a valid payment method. By accepting these Terms, Customers acknowledge that all agreements and related information for the services are stored by Foodince in line with our privacy policy.
Customers, by accepting these Terms, also consent to receive emails and text messages related to their orders. This is essential for ensuring that Customers receive all critical notifications pertaining to their orders.
Foodince reserves the right to revise and amend these Terms periodically. The Customer’s order will be governed by the Terms in effect at the time when the order was placed.
As a user of Foodince, you retain ownership of any intellectual property rights in the content you submit for publication within our services and on our website. We respect your ownership but require a licence to use your content. By using Foodince or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, distribute, modify, run, copy, publicly display, translate, or create derivative works from your content. This usage aligns with your privacy preferences and our Privacy Policy.
The licence granted to us is revocable by deleting your content or account. However, if your content has been used in connection with commercial or sponsored content, the licence will persist until such content is discontinued by us or our partners. You also permit us to use your username and associated identifying information in line with your privacy settings and our Privacy Policy.
Foodince values the feedback and reviews from our customers. Reviews submitted on the platform must adhere to respectful and lawful standards. They should not contain inappropriate or offensive material, promote harmful or discriminatory actions, infringe upon others’ rights, breach legal duties, or misrepresent your identity or affiliation. While Foodince does not typically modify or edit customer reviews, we reserve the right to remove or edit reviews that violate these guidelines or are found to be fraudulent.
The reviews on Foodince serve an informational purpose, reflecting the views and experiences of customers who have used our services. These reviews do not constitute advice from Foodince, and we are not liable for their content. Users should be aware that the reviews are subjective opinions of the authors and not of Foodince.
Customers are expected to demonstrate respect towards the merchants, their other customers, and Foodince personnel. Inappropriate behaviour towards any of these parties, or any actions that violate the code of conduct or legal statutes, may result in the Customer being banned, excluded, or suspended from the Foodince platform and services. This measure is particularly applicable following complaints from the merchants.
To access Foodince Technology Limited’s services, users must create an account, ensuring all provided information is accurate and current. Users are responsible for all activities under their account and must immediately report any unauthorised access to us. Foodince is not liable for losses due to failure to maintain account confidentiality.
For account setup, users are required to provide financial details relevant to their chosen payment method, including credit card information. Payments are processed via third-party services like PayPal, Stripe, Google Payments, Authorize.net, AsiaPay, Alipay, or Razorpay. Foodince does not retain financial information, and these services manage all transactions in accordance with their terms.
Product prices on Foodince are listed in the local currency of Hong Kong and Malaysia, including applicable VAT but may exclude online payment charges, clearly indicated during the booking process. The platform allows payments through various methods, and upon reservation, the purchase price is authorised or reserved on the user’s account. This amount is charged upon product reservation or pick-up, with provisions for refund or cancellation under certain conditions.
Foodince acts as a collector for the purchase price on behalf of merchants, using PCI-compliant payment providers to ensure secure transactions. For any payment issues, users should verify their information and may need to contact their bank. If users have complaints about a product or service, they can contact Foodince’s customer service for resolution.
Foodince acts exclusively as an intermediary in arranging contracts between the Customer and the merchant. Consequently, Foodince bears no responsibility regarding the Products or the fulfillment of the contract between the merchant and the Customer. Our platform does not engage in the manufacturing, selling, purchasing, storing, preparing, producing, processing, packaging, delivering, or handling of the Products. The responsibility for the Products, including their quality, ingredients, allergens, and compliance with applicable legislation, lies solely with the merchants.
Customers can find information about the Products on the Foodince platform. This information is intended to provide a basis for evaluating the Products before making a reservation. However, there may be instances where the platform’s information does not reflect the current product range or availability. In such cases, Foodince is not liable. It is the merchants’ responsibility to provide accurate and up-to-date information about the Products.
If Customers have concerns regarding allergies, ingredients, or other product information, they should contact the merchant directly before placing an order. The merchant’s contact information is provided on the platform. Customers have the right to cancel their reservation order if it relates to concerns about ingredients, allergens, or other labeling information.
Upon pick-up, the merchant is expected to provide the Customer with detailed information about ingredients, allergens, and other labeling related to the Product. Foodince will not assume any liability for adverse reactions to Products, including those consumed inconsistently with labeling or information provided by the merchant.
Customers can browse a list of active merchants on the Foodince app, which shows stores near the Customer’s location if location services are enabled. The list is based on geographical criteria, and Customers can filter the results based on availability, pick-up hours, and the nature of Products contained in the Surprise Bags.
The appearance of Products on the platform constitutes an invitation to Customers to place a reservation. A reservation order made by a Customer is considered an offer to the merchant to purchase a Product. The order becomes final and binding upon pick-up of the Product, subject to the limitations in the cancellation rights due to the perishable nature of the Products.
Complaints concerning Products, including contents of Surprise Bags, should be directed to Foodince Customer Service at info@foodince.com. Foodince will address all claims as deemed appropriate, and any decisions regarding the Products will be at the discretion of Foodince.
Customers dissatisfied with Foodince’s resolution may seek recourse through the relevant consumer protection authority. However, complaints should be directed exclusively to Foodince and not the merchant.
Upon receiving a Product, Customers are advised to verify its contents. In case of a complaint, Customers should contact Foodince via the complaint link on the platform, providing relevant information about the Products and the nature of the dissatisfaction.
Given the perishable nature of the Products and Foodince’s commitment to avoiding food waste, the merchant may cancel a reservation order up to two hours before the agreed pick-up time if there are no excess Products available. In such cases, Customers will be notified via email, SMS, or platform notification.
Customers can cancel their reservation order up to two hours before the pick-up time. However, cancellation due to concerns over ingredients, allergens, or labeling information can be made until the time of pick-up. If the Customer cancels the reservation order outside the specified rights, they will not be entitled to a refund.
You give us permission to download and install updates to Foodince on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting Foodince from your device.
Foodince, including all materials on our website and mobile application, is provided “as is”. To the fullest extent permissible under applicable law, Foodince Technology Limited disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights.
Foodince Technology Limited, nor its suppliers, shall be liable for any consequential loss arising from or in connection with the use, or inability to use Foodince, our website, or any services provided. This includes, but is not limited to, any loss of profit, loss of business, business interruption, loss of business opportunity, loss of data, or any indirect or consequential loss or damage, even if we have been advised of the possibility of such damage.
In this context, “consequential loss” refers to any indirect loss, actual or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use, or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Notwithstanding the above, nothing in these terms shall limit or exclude our liability for death or personal injury resulting from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
Users of Foodince should also be aware that while we strive to ensure the accuracy and reliability of the information on our platform, we cannot guarantee this. Users are responsible for making their own assessments of the information within the app and are advised to verify all information provided.
Please note that due to the nature of our services dealing with surplus food, the availability and condition of food items listed on our platform may vary, and we are not responsible for the quality, safety, or legality of the food items provided by merchants.
The limitations and disclaimers in this section may not apply to all users since legal rights vary by jurisdiction. It is important to check local laws for any restrictions or limitations regarding the exclusion of implied warranties or the limitation of liability for incidental or consequential damages.
The content and materials provided on the Foodince platform and its associated website are intended for general informational purposes and are not exhaustive. Foodince Technology Limited makes every effort to ensure the accuracy and reliability of the information provided but does not guarantee that the materials or information on Foodince, or linked resources, are comprehensive, accurate, or up-to-date.
Users are advised not to rely solely on the materials provided on Foodince for making decisions. Instead, it is recommended to consult additional sources of information to gain a more complete understanding. Any reliance on the material on our platform is strictly at the user’s own risk.
Foodince Technology Limited reserves the right to modify, update, or change the information on the app and website at any time without prior notice. It is the responsibility of users to stay informed of any changes by regularly reviewing the content on the platform. We are not liable for any inaccuracies, errors, or omissions in the materials provided, nor for any reliance placed on these materials by the user.
In the context of the platform’s focus on reducing food waste through surplus food sales, it is particularly important for users to verify the information regarding the food products, such as their quality, ingredients, and suitability for consumption. Foodince Technology Limited does not accept liability for any inaccuracies in the product descriptions provided by merchants, and users are encouraged to contact merchants directly for any clarifications regarding the products.
Please note that our app may include third-party tools which are outside of our control. The access to said tools is provided on an ‘as is’ basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of the third-party tools provided on our app. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider’s Terms of Service. Foodince Technology Limited has the right to offer new third-party tools in the future.
Foodince Technology Limited has not reviewed all of the sites linked to Foodince or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Foodince Technology Limited of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Please note that any content available on our app may contain typographical errors, inaccuracies, or mistakes related to the service’s description, pricing, promotion, and availability. We have the right to cancel or update any existing services should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obligated to clarify any of the information related to our service, including pricing information, except as required by law.
Please be aware that Foodince, while generally accessible, may have periods of unavailability. We reserve the right to disable the service from time to time to perform necessary tasks such as scheduled backups, maintenance, or system upgrades, aimed at enhancing your user experience and ensuring the optimal performance of the app.
Although we strive to notify our users in advance of any substantial downtime, please understand that some situations may necessitate urgent maintenance. In such extreme cases, we may need to disable the service immediately and without prior notice. We appreciate your understanding and patience during these periods, as we work diligently to ensure the consistent quality and reliability of Foodince.
To the extent that you are using or accessing Foodince on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and Foodince Technology Limited only, not with Apple Inc. (Apple), and Apple is not responsible for Foodince and any materials available in Foodince.
Apple has no obligation to furnish you with any maintenance and support services with respect to Foodince.
If Foodince fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Foodince and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to Foodince or your use of Foodince, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using Foodince, including any Usage Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service and, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ‘terrorist supporting’ country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) use of the app; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; or (5) your violation of the rights of a third party, including but not limited to intellectual property rights.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We may suspend or terminate your Foodince account and right to use Foodince and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
These Terms of Service and any policies or operating rules constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the app. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
These Terms of Service are governed by and construed in accordance with the laws of Hong Kong and Malaysia. You irrevocably submit to the exclusive jurisdiction of the courts in those locations.
Disputes arising from the use of the Foodince Technology Limited services should first be addressed through the platform’s customer service channels. Foodince Technology Limited is committed to resolving disputes amicably and efficiently. If a satisfactory resolution cannot be achieved, disputes will be resolved through mediation or legal proceedings, subject to the laws of Hong Kong and Malaysia.