TERMS AND CONDITIONS

Last updated: [07/30/21]

1. INTRODUCTION

Welcome to the Localfoods2go (hereby referred to as the “Localfoods2go” “we”, “us”, “our”). Please read these Terms and Conditions (the “T&Cs”) and our Privacy Policy carefully because they govern the use of our website, and application for mobile and handheld devices and our web app (collectively the “Platform”). To make these Terms easier to read, the Platform and our services are collectively called the “Services”.

2. AGREEMENT TO TERMS

By using the Services, you the user (hereinafter referred to as “you” “your” throughout the T&Cs) hereby agree to be bound by these T&Cs.

By accessing and using the Platform, opening an account or by clicking to accept or agree to the T&Cs when this option is made available to you, you accept and agree to be bound and abide by these T&Cs and our Privacy Policy.

3. PRIVACY POLICY

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

4. CHANGES TO TERMS OR SERVICES 

We may modify the T&Cs at any time, in our sole discretion. If we do so, we will let you know either by posting the modified T&Cs on the Platform or through other communications. It’s important that you review the T&Cs whenever we modify them because if you continue to use the Services after we have posted modified T&Cs on the Platform, you are indicating that you agree to be bound by the modified T&Cs. If you disagree to be bound by the modified T&Cs, please do not access or use the Services.

5. ACCESS TO THE PLATFORM

5.1 These T&Cs apply to all users of the Platform. The Platform may include content, information or links to third parties or third-party websites. By accepting these T&Cs, you agree to hold us harmless and relieve us from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.

We recommend that before you disclose any personal information to a third party that you first read and accept the third party's privacy policy and terms and conditions of use (if applicable) of their respective website.

5.2 We hereby provide permission for you to access our Platform in accordance with these T&Cs, provided that (i) your use of the Platform is solely for your individual, personal, commercial and non-commercial use, and (2) you will not copy, distribute or publish any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purpose, and (3) you will otherwise comply with the T&Cs.

5.3 You agree not to use or launch, or cause to be used or launched, any automated system or program in connection with the Services, including without limitation, publishing or distributing vouchers or codes, "robots", "spiders", "offline readers" and the like.

5.4 You agree that you shall not to collect or harvest any personally identifiable information from the Platform or use the communication systems provided by the Platform for any commercial solicitation purposes. 

5.5 You agree not to solicit for any reason whatsoever any users of the Platform with respect to their submissions to the Platform.

6. THE SERVICES

6.1 The following Services may be available to you through the Platform; (i) View the restaurant menu; (ii) Order food; (iii) Use coupons (subject to availability and expiry); (iv) View any ongoing or future events; (v) Reserve a table; (vi) Create an account.

6.2 Localfoods2go is only providing an online place through the Platform, which you can use to communicate with the Restaurant and use the Services. It is agreed that any orders, communications or other transactions made through the Platform is strictly a bipartite contract between you and the restaurant.

6.3 The prices mentioned in the menu, delivery terms, and the cancellations, refunds terms are not set by Localfoods2go. These T&Cs provide general guidelines that should be followed only with respect to the cancellations, refunds terms.

6.4 In case you have any complaints with respect to the efficacy of the food, quality or any other such issues, we shall not be liable for redressing your complaints. Our liability only extends with respect to the operation of our Platform. 

6.5 All orders you place through the Platform are not fulfilled by us. Localfoods2go does not have any control over the same.

6.6 Localfoods2go is not responsible for any delays with respect to your order for any reason. Localfoods2go is not responsible for providing any refunds to in any case.

6.7 We do not warrant that the coupons available on the Platform will work. The coupons present on the Platform may be removed at any time. 

6.8 Localfoods2go does not warrant that the events will be as described in the Platform or according to your reasonable expectations.

6.9 We shall not be held liable if you are not able to access or use or access the Services due to any technical error.

7. ELIGIBILITY

7.1 In order to use the Services, you must 1) be at least eighteen (18) years old and able to enter into contracts; 2) complete the registration process; 3) agree to these T&Cs including our Privacy Policy; and 4) provide true, complete, and up to date legal and contact information. If you sign up on behalf of a company or other entity, you represent and warrant that you have the authority to accept these T&Cs on their behalf.

7.2 You may have the option to use the Services as a guest without signing up on the Platform (“Guest”). As a Guest you will be able to use the Services in a limited capacity. Some features available to registered users of the Platform may not be available to Guests.

7.3 By using the Services, you represent and warrant that you will use the Services only for non-commercial purposes.

By using the Services, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Services in a way that violates any laws or regulations. we may refuse service, close accounts of any users, and change eligibility requirements at any time.

8. PAYMENT TERMS

You agree to pay for all products ordered through the Platform using the payment methods mentioned on the Platform and you hereby provide us express authorization to charge the amount(s) due indicated through the Platform using the services of our partner payment service provider(s). Payment of fees shall not be contingent on any events other than the delivery of the ordered food products. If you issue any charge backs with the intent to defraud us, we may immediately cease to provide Services to the Customer. The menu prices or billing methods may be changed at any time. It will be your duty to check any changes in the menu prices or billing methods. It is your responsibility to promptly provide us with any contact or billing information changes or updates (including email address, credit card numbers, etc.). Localfoods2go shall not be liable for any fees or additional costs imposed by any payment processors and other service providers on the Platform. Localfoods2go does not collect, store or share your credit card information. We shall not be responsible, and we hereby disclaim all liabilities, damages, costs and disputes that may arise in this regard. If you notice that your payment method has been wrongly charged, please contact the applicable payment processor and follow the instruction issued by such payment processor. You may also contact the appropriate authorities in case you feel that you may have been defrauded.

9. ALLERGEN STATEMENT

Foods which may cause allergies include (without limitation) wheat and gluten-based products, dairy products including milk, fish, Crustacean shellfish, peanuts, tree nuts, soybeans, etc. (“Allergens”). Please provide information with respect to any food allergies you may have while placing an order through the Platform (“Allergen Information”). Such Allergen Information can be provided through the “Notes Section” of the Platform. If for any reason, you are unable to provide us Allergen Information, please do not place any orders through the Platform or through any other methods. We shall not be liable for any harm caused to you due to any allergies in case you fail to provide us Allergen information as specified in this Section 9.

10. DELIVERIES

Localfoods2go shall not be responsible for delivering any food products you order through the Platform. We, including without limits disclaim all liabilities, claims, disputes and damages that may arise in this regard.

11. CANCELLATIONS AND REFUNDS 

Orders once placed through the Platform cannot be cancelled unless otherwise permitted. We, including without limits disclaim all liabilities, claims, disputes and damages that may arise in this regard.

12. PERSONAL DATA

To provide you with the Services as mentioned in these T&Cs, it is required that we collect your basic Information which may include (without limits) your name, e-mail address, phone number, your location , your year of birth, (“Personal data”). You agree that your Personal data is collected by us through your consent.

13. INTELLECTUAL PROPERTY

13.1 The Platform contains Intellectual Property of Localfoods2go or its affiliates and other service providers in the form of content, graphics, videos, audios, text and any other digital content (“Platform Content”) as applicable. This is an agreement for the use of Platform, and you are not granted a license to any Platform Content under these T&Cs. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Platform; (ii) remove any proprietary notices or labels from the Platform Content; reproduce or copy the Platform Content or any part thereof; (iii) modify, translate, or create derivative works based on the Platform Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Platform so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Platform; or (vii) allow third parties to gain access to the Platform or to Platform Content in any manner other than as expressly permitted in these T&Cs.

13.2 You acknowledge and agree that the Platform, the names and logos and all related product and names, design marks and slogans, and all other material comprising the Platform, are the property of the Localfoods2go its affiliates and other service providers as applicable (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written our consent. Your use of the Platform confers no title or ownership in the Platform or the Marks and is not a sale of any rights in the Platform or the Marks. All ownership rights remain in Localfoods2go or its affiliates, or the service providers as the case may be.

13.3 It is our policy to limit access to our Services of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your account. If you find that anything on our Services infringes any copyright that you own, or control please contact us using the information provided in Section 26.

14. FEEDBACK 

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at info @ Localfoods2go.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

15. CONTENT SUBMISSIONS

The Platform may now or in the future permit the submission of written works, photos, audio files, videos or other communications submitted by you and other users of the Platform ("Submissions") and the hosting, sharing and/or publishing of the Submissions. Once the Submissions are submitted to our Platform, the Submissions become our property. You understand that whether or not such Submissions are published on the Platform, We do not guarantee any confidentiality with respect to any Submissions. You agree that we may publish your name and Submissions on the Platform, advertising, print material or in any other press releases of media items.

16. THIRD PARTY SERVICES. 

The Services provided by us may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Services. Also, Platform Content may contain links to other websites, services, or resources on the Internet. When you access third party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between us and their operators. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.

17. WARRANTY DISCLAIMER. 

THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” BASIS. THE USE OF SERVICES AND IS AT THE USER’S SOLE RISK. THE SERVICES AND ARE PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. WE, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES ARE OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE SERVICES IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE SERVICES PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE SERVICES PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE SERVICES SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE SERVICES.

18. INDEMNIFICATION. 

You acknowledge and agree that, you shall at all times defend, indemnify, and hold harmless us, our affiliates including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Services; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or personal data; (d) infringement by you (or any third party using your Account or identity in the Services) of any intellectual property or other right of any person or entity; or (e) otherwise in violation of these T&Cs in any way. It is our right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defenses at your expense, including reasonable attorneys’ fees incurred by us.

19. LIMITATION OF LIABILITY. 

THE USE OF THE SERVICES OFFERED BY US IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE SERVICES FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (III) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE SERVICES, (IV) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE SERVICES, OR (V) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) ANY FEES PAID BY YOU FOR USING OF PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500. REMEDIES UNDER THESE TERMS OF SERVICE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE T&Cs. NOTHING IN THESE T&Cs SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE T&Cs.

20. GENERAL PROHIBITIONS AND OUR ENFORCEMENT RIGHTS 

You agree not to do any of the following: 

20.1 Post, upload, publish, submit or transmit any Submission that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. 

20.2 Use, display, mirror or frame the Services or any individual element within the Services, our name, any of our trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent; 

20.3 Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers; 

20.4 Attempt to probe, scan or test the vulnerability of any of our systems or network or breach any security or authentication measures; 

20.5 Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of of our providers or any other third party (including another user) to protect the Services or Platform Content; 

20.6 Attempt to access or search the Services or Platform Content or download Platform Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers; 

20.7 Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; 

20.8 Use any meta tags or other hidden text or metadata utilizing our trademark, logo URL or product name without our express written consent; 

20.9 Use the Services or Platform Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these T&Cs; 

20.10 Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Platform Content to send altered, deceptive or false source-identifying information; 

20.11 Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Platform Content; 

20.12 Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; 

20.13 Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; 

20.14 Impersonate or misrepresent your affiliation with any person or entity; 

20.15 Violate any applicable law or regulation; or 

20.16 Encourage or enable any other individual to do any of the foregoing. 

Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these T&Cs, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Platform Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Platform Content to be objectionable or in violation of these T&Cs. We have the right to investigate violations of these T&Cs or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

21. COPYRIGHT POLICY 

We respect copyright law and expect you to do the same. It is our policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. 

22. TERMINATION 

We reserve the right to terminate your access to all or any part of the Services or Platform at any point or time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. You may terminate your Account if you wish to do so by sending an e-mail at info @ Localfoods2go.com. Any such termination shall immediately revoke the license granted under these T&Cs, and you shall effective immediately be prohibited from accessing or using the Services or Platform Content for any reason. The provisions of these T&Cs which by their nature should survive termination shall survive.

23. RELEASE

To the maximum extent permissible by applicable law, you hereby absolutely release us and our affiliates as well as all other users of the Services from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence, that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Services, including any disputes which may arise between users and the acts or omissions of third parties.

24. CHOICE OF LAW

The laws of the state of New York, USA will apply to any dispute related to these T&Cs. Any dispute related to the T&Cs, the Privacy Policy, or the Service itself will be decided by the courts in New York, and each party will be subject to the jurisdiction of those courts.

25. MISCELLANEOUS

25.1 Entire agreement and severability. These T&Cs, the Privacy Policy and other documents which are published or may be published from time to time constitute the entire agreement between you and us with regards to the Services. These T&Cs supersede all prior contemporaneous communications and proposals made (whether oral, written or electronic) between you and us with regards to the Services. If any provisions mentioned in these T&Cs are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these T&Cs will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

25.2 Relationship of the parties. You and us are independent contractors. These T&Cs shall not and do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these T&Cs, there are no third-party beneficiaries to the T&Cs. We do not have any special relationship you nor any fiduciary duty.

25.3 Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from (including without limitation): (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, pandemics, terrorism, and governmental action.

25.4 Assignment. You agree that these T&Cs are personal to you, and are not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.

25.5 Notices. All notices under these T&Cs shall be in writing unless otherwise specified in these T&Cs. Notices to us shall be sent by email to info @ Localfoods2go.com. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.

25.6 No waiver. Our failure to enforce any part of these T&Cs shall not constitute a waiver of our right to later enforce that or any other part of these T&Cs. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.

25.7 Interpretation. The headers are provided only to make these T&Cs easier to read and understand.

26. CONTACT. 

You may get in touch with us through our website or email us at  orders(@)LOCALFOODS2GO.COM