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Terms & Conditions

Terms of Use

These Terms and Conditions shall apply to all orders made through the Food to Go mobile app. Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood, and accept: 

  1. these Terms and Conditions and any corresponding changes thereto which we may implement from time to time; and 

  2. our Privacy Policy in connection with how we process your personal information collected from this Site. Terms of Use govern your use of the Food to Go application or herein referred to as the Food to Go App. 

By using the Food to Go App, you agree to these Terms of Use and Food to Go’s General Data Privacy Policy which are incorporated herein by reference. Each time you use the Food to Go application, you reaffirm your acceptance of everything stipulated here.

The Food to Go management may change these Terms of Use at any time in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Food to Go App. You are responsible for staying informed of any changes.

Users below the age of 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 mobile app and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the mobile app immediately. 

If you do not agree and do not wish to be bound by these Terms of Use, your only remedy is to discontinue using the Food to Go App.

Account Creation

By using the Food to Go app, you will be asked to register by creating an account which requires your personal information such as name, complete delivery address, telephone or mobile number, email address and a password. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information. 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 Food to Go account are your sole responsibility. If you believe that your account has been compromised, you must immediately contact us via email at ftgdelivery@gmail.com or through our in-app customer support chat feature. 


Termination Of Account

The Food to Go management has the right to terminate your account and access to the Food to Go App for any reason, including, without limitation, if Food to Go, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Use. Food to Go may, but shall be under no obligation to, provide you a warning prior to termination of your use of the mobile app.

If you wish to delete your Food to Go account, please send us an email requesting the same. We may restrict, suspend or terminate your account, if we reasonably believe that someone other than you is using your account; or where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the mobile app.

Placing Of Order

Once an order has been placed in the Food to Go App, you are authorizing Food to Go to process your online order. Your order shall be processed immediately and is expected to be paid for upon delivery or depending on which payment method you opt for, you may need to provide us with your credit card details.

However, Food to Go 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.

When you place an Order with Food to Go, Food to Go will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.). 

Minimum Order Value - Some of our Vendors require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.

Special Instructions – Food to Go and the Vendor (as the case may be) reasonably endeavor to comply with your special instructions for an Order. However in some cases where this is not feasible, possible or commercially reasonable, Food to Go and/or the Vendor reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither Food to Go nor the Vendor shall be responsible to replace or refund an Order which does not conform to special instructions provided by you. 




Refunds

(i) Online Payment Orders

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. 

(ii) Cash-on-Delivery Orders 

You have the right to cancel your Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that you shall forfeit the delivery of your cancelled Order and cash-on-delivery may be removed from your list of available payment methods for your future orders.

Cancellation Of A Food to Go Order

Orders may be cancelled via the in-app Live Chat as long as the order has not been placed as that will be considered as a final say. We reserve the right to refuse any cancellation in case the order has already been dispatched for delivery prior to receipt of your request.

Delivery Time

We shall exert reasonable efforts to meet the guaranteed delivery time, where applicable. You understand and accept, however, that any delay due to traffic, inclement weather or merchant order fulfillment delays are beyond our control and should not at any time be taken against us.

Delivery Areas

Food to Go offers delivery services only to pre-defined areas. If your address is outside of the pre-defined delivery area, you will be prompted to change your delivery address. Please take that the delivery fee is based on the distance and may vary.

Payment For Orders

Acceptable payment is through the form of cash, wherein payment must be given to our rider upon delivery of your order. [or other payment option]






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:

(i) no one was present or available to receive the Order; or 

(ii) customer was uncontactable despite attempts to reach the customer via the phone number provided; or

(iii) lack of appropriate or sufficient access to deliver the Order successfully; 

(iv) lack of a suitable or secure location to leave the Order; or

(v) in the case of Restricted Goods, customer did not meet the statutory age requirements or delivery did not deem it safe or appropriate for the customer to receive the Restricted Goods.

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, Food to Go reserves the right to cancel the Order without refund or remedy to you. 

Wrong Order, Missing Items, Defective Goods 

Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support via live in chat or email stated above. In some cases, Food to Go 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 Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.

Activities Prohibited on the Platforms

The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. Food to Go reserves the right to investigate and take appropriate legal action against anyone who, in foodpanda's sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:

  1. using the mobile app for any purpose in violation of local, state, or federal laws or regulations;

  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.  posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Food to Go in its sole discretion or pursuant to local community standards;

  4. posting content that constitutes cyber-bullying, as determined by Food to Go in its sole discretion;

  5. posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;

  6. posting telephone numbers, street addresses, or last names of any person;

  7. posting URLs to external websites or any form of HTML or programming code;

  8. posting anything that may be “spam,” as determined by Food to Go in its sole discretion;

  9. impersonating another person when posting content;

  10. harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;

  11. allowing any other person or entity to use your identification for posting or viewing comments;

  12. harassing, threatening, stalking, or abusing any person on the Platforms;

  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 Food to Go, exposes Food to Go to or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or

  14. encouraging other people to engage in any prohibited activities as described herein. 

  15. Food to Go reserves the right but is not obligated to do any or all of the following:

  16. 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;

  17. remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;

  18. suspend or terminate a user’s access to the mobile app or their Food to Go Account upon any breach of these Terms;

  19. monitor, edit, or disclose any content on the mobile app; and

  20. edit or delete any content posted on the mobile app, regardless of whether such content violates these standards.

Trademarks and Copyrights

All trademarks, logos, and service marks displayed on the Food to Go App are registered and unregistered Trademarks of Food to Go and/or third parties who have authorized their use. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these in any way. The use of Food to Go’s trademarks on any other website or mobile application is strictly prohibited. All of the materials contained on the Food to Go App are copyrighted except where explicitly noted otherwise. Food to Go will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Food to Go neither warrants nor represents that your use of materials displayed on the Food to Go App will not infringe rights of third parties not owned by or affiliated with Food to Go. Use of any materials on the Food to Go App is at your own risk.


Governing Law and Severability

“These Terms of Use shall be governed by and construed in accordance with the laws of Philippines, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Food to Go App resides in the courts of Philippines, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

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

Warranties

The Food to Go App and the Content are provided on an “as is” basis. To the fullest extent permitted by law, Food to Go, its parent company, their agents, representatives and service providers, disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights, and fitness for particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The Food to Go management cannot and do not guarantee or warrant that: (a) the Food to Go App will contain menus that are always accurate, complete, or updated on a timely basis as these are dependent on merchant product availability; (b) the Food to Go app will be free of human and machine errors, omissions, delays, interruptions or losses, including loss of data; (c) any files available for downloading from the Food to Go App will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; (d) the functions or services performed on the Food to Go App will be uninterrupted or error-free or that defects in the Food to Go App will be corrected.

Limitation of Liability 

To the extent permitted by law, Food to Go (which shall include its employees, agents, representatives, affiliates and service providers) exclude 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 Food to Go App, our services, and any website linked to the mobile app and any content or material posted on it. Your exclusive remedy with respect to your use of the mobile app is to discontinue your use. Food to Go shall also not be liable for any loss, expense, cost or damage arising directly or indirectly out of or in connection with the delay beyond the estimated time or date of delivery; availability of Products at any given time; force majeure, any circumstances beyond our control, and other events which we could not have avoided even with the exercise of reasonable care; or any indirect or unforeseeable loss suffered or incurred by customers or third parties. In any event, our liability for any given transaction shall not exceed the total price charged for the relevant items.