The Servicescomprise a platform that presents you with a set of one or more retailervirtual storefronts from which you can select goods for picking, packing, anddelivery by individual personal shoppers(“Personal Shoppers”) to your locationor, if available, for you to pick up in-store. In some cases, picking, packing,or delivery services may be performed by third parties including a retailer orthird party logistics provider (collectively, “Third Party Providers”).
Delivery may beconducted by each individual Personal Shopper’s select method oftransportation. You acknowledge that transportation or logistics services areprovided by third party independent contractors who are not employed by Foodel.
When you use theServices to place an order for products, you authorize the purchase anddelivery of those products from the retailers you select. Unless otherwisespecified, you acknowledge and agree that Foodel and the Personal Shopper areacting as your agents in picking, packing, and/or delivery of goods purchasedby you. You agree that Foodel or the applicable retailer will obtain a creditcard authorization for your credit card on file with Foodel to cover the costof the goods you have purchased from the retailer and any separate Foodel fees,and your card will be charged for the goods purchased by you and any applicablefees. Your card may be temporarily authorized for an amount greater than thetotal amount of the purchase appearing in the original check out. This higherauthorized amount will be disclosed during the purchase process and is atemporary authorization charge on your order, to deal with situations whereyour total purchase amount turns out to be higher than the original amount dueto special requests, added items, replacement items or weight adjustments.
You alsoacknowledge and agree that, except as expressly provided for otherwise in theseTerms or a separate agreement between you and Foodel, Foodel does not form anyemployment or agency relationship with you and does not hold title to any goodsthat you order through the Services.
Unless otherwiseindicated, all prices and other amounts are in the currency of the jurisdictionwhere the delivery takes place.
Occasionally theremay be information on the Services that contains typographical errors, inaccuracies,or omissions that may relate to pricing, product descriptions, promotionsoffers, and availability. Foodel reserves the right to correct any errors,inaccuracies or omissions and to change or update information or refuse orcancel orders if any information on the Services is inaccurate at any timewithout prior notice (including after you have submitted your order and/or yourcredit card has been charged). Please note that prices of products on theServices may be different than prices offered for the same products in-store bythe same retailer.
Your Use of theServices
Foodel grants you alimited, non-exclusive, non-transferable, and revocable license to use theServices for their intended purposes subject to your compliance with theseTerms and Foodel’s policies. You may not copy, modify, distribute, sell, orlease any part of the Services. Unless such restriction is prohibited by law oryou have Foodel’s written permission, you may not reverse engineer or attemptto extract the source code of the Services. You may only access the Servicesthrough the interfaces thatFoodel provides for that purpose (for example, youmay not “scrape” the Services through automated means or “frame” any part ofthe Services), and you may not interfere or attempt to disrupt the Services.
Some parts of theServices may allow you to upload or submit content (such as text, images,video, recipes, lists, links, and other materials). You retain all rights inany content that you upload or submit, and are solely responsible for thatcontent. You grant Foodel anon-exclusive, royalty-free, worldwide,transferable, sub-licensable license to use, store, publicly display, publiclyperform, reproduce, modify, create derivative works from, and distribute anysuch content for the purposes of operating, providing, and improving theServices.Foodel may, in its sole discretion, remove or take down any contentthat you upload or submit to the Services for any reason, including violationof these Terms or any other policies.
You may have the optionof accessing the Services through downloadable software and this software mayupdate itself automatically on your device. Some software or portions ofsoftware, in the Services may be governed by open source licenses. In thatcase, Foodel will make such licenses available to you and, in the case ofconflict between such a license and these Terms, the open source license willcontrol but only with respect to the software, or portion of the software, towhich it applies.
If you are usingFoodelon behalf of a business or other entity, you represent and warrant that youhave the necessary authority to bind that business or entity to these Terms andthat you are agreeing to these Terms on behalf of that business or entity.
In order to use theServices, you may need to create a user account. You agree that you areresponsible for all conduct and transactions that take place on or using youraccount and that you will take precautions to keep your password and otheraccount information secure. You also agree that you will comply with allapplicable laws when accessing rousing the Services and you will respect thosewho you encounter in your use of the Services, including Personal Shoppers andindividuals who support Foodel’sHelp Centre. Foodel reserves the right to declineorders, refuse partial or full delivery, terminate accounts, and/or cancelorders at any time in its sole discretion.
We’re constantlymodifying and improving the Services. Foodel may introduce new features, changeexisting features, or remove features from the Services at any time and withoutnotice. If you provide Foodelwith any feedback on or comments regarding theServices, you grant Foodel the right to use such feedback or comments for anypurpose without restriction or payment to you.
If you have anyrequests for order cancellations, refunds, or returns, please visit youraccount to initiate such requests or review our Help Centre articles for ourpolicies regarding the same.
By creating anFoodeluser account, you agree to accept and receive communications from FoodelorPersonal Shoppers, including via e-mail, text message, calls, and pushnotifications to the cellular telephone number you provided to Foodel. Youunderstand and agree that you may receive communications generated by automatictelephone dialling systems and/or which will deliver pre-recorded messages sentby or on behalf of Foodel, its affiliated companies and/or Personal Shoppers,including but not limited to communications concerning orders placed throughyour account on the Services. Message and data rates may apply. If you do notwish to receive promotional emails, text messages, or other communications, youmay opt out of such communications at any time in Your Account Settings. Youmay also opt-out of receiving text messages from Foodel by replying “STOP” fromthe mobile device receiving the messages.
Foodel Coupons aremanufacturer’s coupons that are automatically applied to qualifying productsupon purchase to help users save money on the products they love. Coupons areavailable for a limited time only and may be subject to certain restrictions.Coupons are subject to change, cancellation, or expiration at any time. If youdo not purchase the qualifying items added to your cart while the Coupon isstill in effect, the Coupon’s offer will not apply. Coupons apply only toqualifying items displaying the offer and may not be combined with otherpromotional offers or mail-in rebates The user is required to pay anyapplicable sales tax related to use of the Coupon; you acknowledge that Foodelhasno obligation for payment of any tax in conjunction with the distribution oruse of such Coupons. When Coupons are redeemed, sales tax may be charged on theundiscounted original price of the product(s). Coupons may not be sold, copied,modified, or transferred. A Coupon has no cash value. Coupons good whilesupplies last. Void where restricted or prohibited by law.
You may have theoption to order delivery of alcohol products in some locations and from certainretailers. You agree that you will comply with all applicable laws and notcause Foodel, your Personal Shopper, or any retailer to contravene anyapplicable laws. You agree that you are of legal drinking age for purchasing,possessing, and consuming alcohol. If you order alcohol products, you agreethat, upon delivery of alcohol products, the recipient will provide validgovernment-issued identification proving their age to the Personal Shopperdelivering the alcohol products and that the recipient will not be intoxicatedwhen receiving delivery of such products. You agree that if any applicablelegal requirements for the delivery of alcohol are not met, Foodel reserves theright to cancel the alcohol-related portion of your order.
You agree thatFoodeldoes not assume responsibility for any products, content, services, websites,advertisements, offers, or information that is provided by third parties andmade available through the Services. If you purchase, use, or access any suchproducts, content, services, advertisements, offers, or information through theServices, you agree that you do so at your own risk and that Foodel will haveno liability based on such purchase, use, or access.
THE SERVICES AREPROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLELAW, FOODEL DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS,LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OFMERCHANT ABILITY,QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE,AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, FOODEL MAKES NO REPRESENTATION, WARRANTY,CONDITIONS, ORGUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY,SUITABILITY, ORAVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONALSHOPPERS ORTHIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROMRETAILERS,OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FOODEL DOESNOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF PERSONAL SHOPPERS,THIRD PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUTOF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS ORTHIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TOYOU,REMAINS SOLELY WITH YOU.
TO THE MAXIMUMEXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER FOODEL NOR ITSAFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THEFITNESS OR CONDUCT OF ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER OR FOR ANYSERVICES PROVIDED BY ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER. NEITHER FOODELNOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FORANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONSOFANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER.
If you have adispute with one or more Personal Shoppers or Third Party Providers, you agreeto release Foodel (includingFoodel’s affiliates, and each of their respectiveofficers, directors, employees, agents, shareholders, retail partners,licensors, and suppliers) from any claims, demands and damages of every kindand nature, known and unknown, suspected and unsuspected, disclosed andundisclosed, arising out of or in any way connected to such disputes.
THISPROVISIONAPPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL FOODEL(INCLUDING ITS AFFILIATES,AND EACH OF THEIR RESPECTIVE OFFICERS,DIRECTORS,EMPLOYEES, AGENTS,SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BELIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE,CONSEQUENTIAL, OR INDIRECTDAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION,LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHERCONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, ORFOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR INCONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDINGNEGLIGENCE, EVEN IF FOODEL OR FOODEL’S AGENTS OR REPRESENTATIVES KNOW OR HAVEBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL FOODEL(INCLUDING ITS AFFILIATES,AND EACH OF THEIR RESPECTIVE OFFICERS,DIRECTORS,EMPLOYEES, AGENTS,SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, ANDSUPPLIERS) BELIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARYAND/ORCONSEQUENTIAL DAMAGES(INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES,BODILYINJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OFYOUR USEOF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRDPARTYPROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IFFOODELOR FOODEL’S AGENTSOR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OFTHEPOSSIBILITY OF SUCH DAMAGES.
FOODEL, ITSAFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BELIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANYSERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR ANYPRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF £100OR THE AMOUNTS PAID BY YOU TO FOODEL FOR THE PAST 12 MONTHS OF THE SERVICES.
You agree todefend, indemnify and hold harmlessFoodel and its officers, directors,employees, agents, shareholders, affiliates, and retail partners (each, an“Indemnified Party”) from and against any losses, claims, actions, costs,damages, penalties, fines and expenses, including without limitation attorneys‘and experts’ fees and expenses, that may be incurred by an Indemnified Partyarising out of, relating to or resulting from your unauthorized use of theServices or from any breach by you of these Terms, including without limitationany actual or alleged violation of any law, rule or regulation.
You can stop usingthe Services at any time and without notice to us. Similarly, Foodel mayterminate access to the Services to you or any other users or stop offering theall or part of the Services at any time without notice. In the event ofTermination, Section 1 and Sections 4-15survive and continue to apply to you.
These Terms,subject to any amendments, modifications, or additional agreements you enterinto with Foodel, shall constitute the entire agreement between you and Foodelwithrespect to the Services and any use of the Services. If any provision of theseTerms is found to be invalid by a court competent jurisdiction, that provisiononly will be limited to the minimum extent necessary and the remainingprovisions will remain in full force and effect.
Foodel’s failure tomonitor or enforce a provision of these Terms does not constitute a waiver ofits right to do so in the future with respect to that provision, any otherprovision, or these Terms as a whole.
You may not assignany of your rights, licenses, or obligations under these Terms. Any suchattempt at assignment by you shall be void. Foodel may assign its rights,licenses, and obligations under these Terms without limitation.
We may make changesto these Terms from time to time. When Foodel does so, Foodel will post themost current version of the Term son Foodel’s website and, if a revision to theTerms is material, Foodel will notify you of the new Terms (for example, byemail or notification on the Services). Changes to these terms will not applyretroactively. If you do not agree to the modified terms, you shoulddiscontinue your use of the Services.
Foodel respects theintellectual property rights of others and has implemented a copyright policyin accordance with the Digital Millennium Copyright Act and other relevantlaws. Foodel will respond to valid notices of copyright infringement andreserves the right to terminate any users, at Foodel’s sole discretion andwithout notice, who repeatedly infringe copyrights or other intellectualproperty rights.
If you believe anycontent posted or made available on the Services constitutes infringement ofyour copyright rights, you may send a written notice of infringement to Foodel’sdesignatedCopyright Agent using the contact information listed below. In your notice,please specify the nature of the copyright infringement and include thefollowing information: (a) an electronic or physical signature of the owner ofthe copyright in question or a person authorized to act on behalf of the ownerof the copyright; (b) a description of the claimed infringing material as wellas identification of the claimed infringing material, including the location ofsuch material on the Services (e.g., the URL of the claimed infringing materialif applicable or other means by which Foodel may locate the material);(c)complete contact information, including the name of the owner of thecopyright and your name, title, address, telephone number, and email address;(d) a statement that you have a good faith belief that the disputed use is notauthorized by the copyright owner, its agent, or the law; and (e) a statement,made under penalty of perjury, that the information provided in your notice isaccurate and that you are the copyright owner or authorized to act on behalf ofthe owner.
If you have anyquestions, complaints or comments about the Services contact Foodel at:
Or use the contactform on our “ContactUs” page