Foodstick Terms & Conditions
Effective Date: April 1, 2022
The Terms of Service ("Terms" or "Terms of Service") set forth below constitute a legal agreement between you ("you" or "your") and Foodstick. ("Foodstick," "we," "us," or "our") and govern your access to and use of our services, which include any websites, apps, digital ordering features, or other ways Foodstick allows you to interact with us directly or through a Merchant that uses Foodstick (collectively, the "Services"). Our Services include but are not limited to, our websites, such as https://www.foodstick.online (our "Websites"); the Foodstick Mobile Applications and related websites and services ("Foodstick Manager App" or "Foodstick User App"); any digital ordering feature that Foodstick provides to Merchants, such as a Merchant's Online Ordering page and Order & Pay(provided by third-party) at the Table features (collectively "Digital Ordering"); and Payment Transactions facilitation.
By accessing and/or using any of the Services, you agree to these Terms as well as any other policies or terms referenced within or posted throughout the Services, such as promotion terms, guidelines, and any rules or terms applicable to specific features or promotions, all of which are hereby expressly incorporated into these Terms by reference. You also acknowledge reading and comprehending our privacy policy (the "Privacy Policy").
Services
Foodstick provides technological services to Merchants that allow dining customers ("Guests") to place orders for food, beverages, and related items and services provided by the Merchants ("Purchases") and to make payments to the Merchants using an authorized Payment Method ("Payment Transactions"). On behalf of each Merchant, Foodstick organizes Purchases with Merchants and processes Guests' payments to Merchants.
1.1 Use of the Platforms and Foodstick Account
In order to use the Platform, you must first create a Foodstick account. When you create a Foodstick account, you will be asked to submit personal information such as a valid email address, a mobile phone number, and a password that is unique to you. Depending on the payment option you choose, you may be required to give us with your credit card information in order to purchase an Order. Your one-of-a-kind password should never be shared, and you agree to keep it private at all times. It is solely your responsibility to keep your password secure. You accept that all Orders placed under your Foodstick account are your full responsibility, save in circumstances of fraud or misuse that are not your fault.
1.2 Confidentiality
Your account is only accessible to you and can be used by you. You are solely responsible for maintaining the confidentiality of your login and payment method information. If you use your login or Payment Method to use the Services, Foodstick will assume that you have the legal authorization to do so. You agree to promptly alert Foodstick via email at support@foodstick.online if you become aware of unauthorized use of your login or Payment Method. Until Foodstick has been contacted and has had the opportunity to take appropriate action, you are responsible for any activity on your account.
1.3 Foodstick is not a Party to Payment Transactions
Purchases and Payment Transactions made through our Services are solely between you and the Merchant, and not between you and Foodstick or any of our affiliates. Foodstick is not a vendor of any Merchant's product or service, and it is not a party to any Payment Transaction performed by the Services.
1.4 Making Use of Your Account
After you've registered an account, you'll be able to use the Foodstick App to make purchases from merchants. By signing into the App, you can make changes to your account information. By entering into your account, you'll be able to see your recent Purchase and Payment Transaction history.
You understand and accept that the Merchant is fully responsible for all parts of Purchases other than the services that Foodstick offers, as well as all engagement and interactions between the Merchant and you.
1.4.1 Digital Ordering
You can make purchases from a participating Merchant using your computer or mobile device using digital ordering tools like Order & Pay at the Table. By logging in, you may also manage your Foodstick account from the Foodstick App. While signed in, you may view your order history from that Merchant.
You may be able to place numerous orders as part of a single purchase using some Digital Ordering options. Prior to completing your Purchase, you may be asked to provide payment information when you open a check. You agree to pay the total amount shown when you complete the final section of your order by entering your payment information for pre-authorization. If you do not complete payment for your Purchase within a specific amount of time, the Merchant may be able to charge your payment method.
1.4.2 Foodstick App
The Foodstick App is a smartphone application that allows you to make purchases for pickup and/or delivery from participating merchants. If your company has a Foodstick Drop location, you can use the Foodstick app to make purchases for delivery to your nearest Drop spot. By logging in, you can manage your Foodstick account and examine your purchase history within the app.
You must have a mobile device that is compatible with the Foodstick App in order to use it. Foodstick makes no guarantee that the App will work on your mobile device. You may utilize mobile data in conjunction with the App, and your wireless provider may charge you extra for these services. You acknowledge that any charges are strictly your responsibility. Foodstick now offers you a non-exclusive, non-transferable, revocable license to use the App on a mobile device owned or leased by you for one Digital Ordering Account for your personal use.
1.4.3 Loyalty and Rewards
Foodstick supplies merchants with technology that allows them to offer loyalty and/or rewards programs to their customers. You fully agree to these program rules by registering in any loyalty program offered by Foodstick or by a Merchant using Foodstick's technology services.
You can join a Merchant's loyalty program by signing up at the Merchant or during an order, subject to the Merchant's loyalty program terms and conditions. If you opt to join a Merchant's loyalty program, you agree that the Merchant may contact you with program information, offers, and other marketing and transactional messages using the contact method(s) you designate. Foodstick's sharing of information with merchants is governed by our Privacy Statement. Once a Merchant receives information from Foodstick, the Merchant is responsible for the use and administration of that information, which may be governed by distinct privacy practices and regulations. Merchants are not permitted to send marketing messages to your cellphone number using Foodstick. Merchants are not permitted to send marketing messages to your cellphone number unless you expressly ask them to do so.
Each Merchant is exclusively responsible for the operation and upkeep of its own loyalty program, including selecting the quantity of points you can earn for purchases, setting redemption thresholds, and determining how and when points can be redeemed for rewards. Merchants have the ability to make changes to their loyalty programs and/or the points balances of individual customers. Foodstick is not responsible for notifying you if the Merchant alters any aspect of its loyalty program or stops offering one altogether. The Merchant is exclusively responsible for informing you of any changes to the program or points balance.
Points acquired through any Foodstick or Merchant using Foodstick loyalty program have no monetary value and cannot be transferred, redeemed, or sold for cash. Foodstick reserves the right, in its sole discretion and at any time, to modify, suspend, terminate, revalue, or cancel its own loyalty program and/or the technology services that enable Merchants to offer loyalty programs through Foodstick, subject to notice requirements under Applicable Law and Rules. If Foodstick or a Merchant ends a loyalty program, Foodstick will keep records of the Guest's loyalty points for one year following termination of the loyalty program if the loyalty program is resumed within one year of termination, in compliance with the Applicable Law and Rules. Foodstick maintains the right, in its sole discretion, to resolve any differences or issues about prize allocations or these program terms, and you agree to follow any such decision.
1.5 Responsibilities of the Merchant
You agree that each Merchant is solely responsible for all aspects of its day-to-day operations, including the provision of food and beverages (by any method, including delivery), service, the environment, and overall quality and accuracy.
1.5.1 Compliance
You agree that each Merchant is solely responsible and liable for all marketing, selling, pricing, packaging, and provision of any products or services supplied to Guests through the Services, in accordance with all Applicable Law and Rules. Foodstick makes no representation or warranty as to whether a Merchant has any applicable permit, license, registration, or other credential for its business; whether a Merchant's representations are true and accurate; or whether a Merchant complies with Applicable Law and Rules, and Foodstick is not responsible for the quality of Merchants' products or services.
1.5.2 Alcoholic Beverages
Certain merchants may be in possession of alcoholic beverage licenses and sell alcoholic beverages. Before your Purchase can be completed, the Merchant who holds the alcoholic beverage license must authorize it, and your Payment Method will only be charged once the Merchant has approved it. In accordance with Applicable Law and Rules, a part of the funds charged to your Payment Method for your alcoholic beverage product Purchase may be retained in an account for the benefit of the alcoholic beverage supplier. Foodstick serves as a third-party technology provider to the Merchant and facilitates payment processing on their behalf. Foodstick bears no responsibility or liability to you or any other person for any alcoholic beverage products you may purchase from a Merchant or for any Merchant's compliance with Applicable Law and Rules, including, without limitation, local regulations regarding the sale of alcohol. By purchasing alcoholic beverage items through the Services, you represent and warrant that you are at least twenty-one (21) years old and will submit government-issued photo identification to prove your age.
1.6 Account Termination
You are free to close your Foodstick account at any time, but you will remain liable for any outstanding Purchases, as well as any fees or other costs. Once you close your account, Foodstick will not give refunds for amounts previously incurred through our Services.
Send an email to support@foodstick.online to cancel your account. Please review our Privacy Policy statement for more information on how we handle your personal information.
We may not allow you to close your account in certain circumstances, including but not limited to:
- to avoid being investigated;
- Purchases or Payment Transactions are open or pending; or
- if you owe Foodstick or a Merchant money as a result of your usage of the Services.
Data Security and Privacy
We value the privacy and security of your personal information. The Foodstick Privacy Policy explains what information we gather about you, how we may use that information, and the security measures we've put in place to keep it safe. We strongly advise you to carefully read the Privacy Policy statement, as it is a legally enforceable section of these Terms & Conditions and contains crucial information about your rights.
Purchases
Foodstick provides the Services and executes Payment Transactions for Purchases on behalf of Merchants as their agent through payment networks, either directly or through a third-party service provider. When you make a Purchase, you authorize Foodstick to charge your Payment Method in the amount of the Purchase (including any gratuities, fees, or taxes), as well as any credits in connection with chargebacks, reversals, refunds, or adjustments, as agent for the Merchant. Foodstick, acting as the Merchant's agent, will help the Merchant in submitting and processing the Payment Transaction to the payment network. Your payment obligation to the Merchant will be deemed complete once Foodstick receives the transaction money (except in the case of a later chargeback or reversal).
To pay for Purchases made through any of the Services, you must provide a valid Payment Method. You give Foodstick permission to check with the issuing financial institution to see if your Payment Method is in good standing. Foodstick may get authorization to charge your Payment Method for a Payment Transaction in order to do so. Until the Payment Transaction is actually charged to your Payment Method and the proceeds are processed and paid, this authorization may reduce your available funds balance by the authorization amount. If you have any questions about the status of an authorization or a charge to your Payment Method, please contact the issuer. In the event that a previous Payment Transaction was denied or returned, you agree that Foodstick, on behalf of the Merchant, may resubmit a Payment Transaction for processing to a payment network.
If you choose to store Payment Method information with Foodstick via any of the Services for future transactions, you agree that Foodstick may receive up-to-date information on your Payment Method information (such as card number or expiration date) through card network services and may update your Payment Method credentials stored with Foodstick (if you choose to store your Payment Method credentials) from time to time.
We may impose restrictions on how you use the Services, such as individual or aggregate transaction limits on the dollar amount or number of Payment Transactions you can make in a given time frame. We reserve the right to refuse to process any Payment Transaction without prior notification. We may hold or cancel any Payment Transaction at the Merchant's request or if we determine, in our sole judgment, that the transaction is fraudulent, suspicious, involves misconduct or fraud, or otherwise violates Applicable Law and Rules, these Terms & Conditions, or other policies.
Payments made using the Services are also bound by the terms of your Payment Method issuer's agreement. Any costs or fees imposed by your Payment Method issuer as a result of using the Services are completely your responsibility.
Activities That Are Allowed
By using the Services, you agree that:
- You will not use the Services in any way that is inconsistent with Applicable Law and Rules, these Terms & Conditions, or other policies.
- You may only use the Services to make purchases from a Merchant of a valid product or service. The Services may not be used to send money or execute a Payment Transaction that is not related to a Merchant's purchase of a product or service.
- The information you upload or post in connection with the Services does not infringe on the intellectual property or proprietary rights of others or otherwise violate the law or others' rights.
- You will not use the Services to upload, post, or otherwise send any content that contains viruses, trojan horses, time bombs, or other harmful programs or elements.
- You will not give us false information about yourself, impersonate another person, collect information about other users, or otherwise try to deceive others about your identity or the veracity or accuracy of anything you communicate through the Services.
- You will not attempt to gain unauthorized access to any portion of our Services, computer systems, servers, or networks, or any other person's use and enjoyment of the Services, by causing damage, disablement, disruption, overburdening or interfering with them.
- Foodstick reserves the right to suspend or terminate your use of the Services at any time if you violate these limitations or any other applicable policies or rules stated in these Terms & Conditions.
Fees
Foodstick does not charge you a fee to make Purchases from Merchants using Foodstick Services as of the date of these Terms. We reserve the right to charge fees in the future, and any fees that apply to a Purchase or Payment Transaction you make will be properly disclosed to you before your Purchase is completed.
In addition to the price of the goods or services you purchase, merchants may charge you fees and taxes. A gratuity may also be allowed. You agree to pay all costs, including gratuities, fees, and taxes, when making a Purchase through the Services. Before you finish your Purchase, all amounts that will be charged to your Payment Method will be presented to you.
Order Changes, Cancellation, Refunds and Customer Service
Each merchant has their own cancellation and refund policies. Once you've made a Purchase using the Foodstick App, any Digital Ordering tool, or a Point of Sale function, you'll need to contact the Merchant directly to see if you can change or cancel it, or if you can get a refund.
Please contact the Merchant directly with any queries or customer service concerns about a Purchase or the goods or service supplied by the Merchant. Each Merchant's customer care contact information is available on the Foodstick App's listing. Foodstick is not liable for any Merchant service issues, as well as any content errors or inaccuracies in a Merchant's store, menu, or other materials.
Please email support@foodstick.online with any technical questions about the Foodstick app.
Promotions
You may be eligible to use codes ("Promotion Codes") at checkout to receive discounts or other promotional offers on purchases ("Promotions") when you use the Foodstick App, Digital Ordering, or other Foodstick Services, subject to any terms and conditions of the specific Promotion Code or Promotion, as displayed on our Websites, on the App, or related print, social media, or digital marketing materials. Foodstick or a Merchant may provide the promotional value. Promotion Codes are non-refundable and non-transferable and cannot be exchanged for cash. At any time, Foodstick maintains the right to modify, suspend, terminate, or change the terms of any Promotion Code or Promotion. In the event of a cancellation or refund, promotional codes cannot be used again.
Warranty Disclaimer, Waiver, and Liability Limitation
8.1 Disclaimer of Warranties
You expressly understand and agree that your use of the Services, As well as all information, products, and other content (including third-party content) included in or accessible from the Service, is at your sole risk. the service is provided "as is," "as available."
Neither Foodstick nor its third-party providers will be liable or responsible for any merchants' products or services that cause injury, are unacceptable, or do not meet your requirements or expectations.
Foodstick and its third-party providers disclaim all express and implied warranties with regard to the services and all information, products, and other content (including third-party content) included in or accessible from the services, including but not limited to any implied warranties of merchantability, fitness for a particular purp Foodstick depends on merchants for accurate allergen and dietary information, as well as general product safety.
Foodstick does not represent or warrant that the information available through the services is accurate, complete, reliable, current, or error-free, including, but not limited to, menus, nutritional and allergen information, photos, food quality, or descriptions, pricing, operation hours, or reviews. all content is provided solely for the purpose of information. the use of any information provided through the service, including, but not limited to, nutritional and allergen information, is at your own risk.
Foodstick and its third-party providers make no representations or warranties in regard to (i) if the services are suitable for your needs; (ii) the services' reliability, availability, timeliness, suitability, accuracy, and completeness; (iii) the results that you may get from the services; (iv) if the services will be uninterrupted or error-free in their operation or use; or (v) if the service, products or services, information or other material purchased or obtained through the services will meet your expectations in quality.
You are solely responsible for any damage to your computer system or device or loss of data that results from the download of any such material. No advice or information obtained from Foodstick or a third party through or from the services, whether oral or written, will create any warranty not expressly stated in these terms.
You acknowledge that neither Foodstick nor its third-party providers control the transfer of data over communications facilities, including the internet, and that neither Foodstick nor its third-party providers are responsible for any limitations, delays, or other problems incurred as a result of the use of neither Foodstick nor its third-party provider's warrants or guarantees that any or all security breaches or attacks will be discovered, reported, or remedied, or that there will be no security breaches by third parties, without limiting the foregoing.
8.2 Waiver of Liability
You understand and agree that the Merchant is the seller of the food, beverages, and related products and services that you can order and pay for using the Foodstick App. Any and all losses, claims, obligations, costs, injuries, or illnesses caused in whole or in part by the Merchant are completely the responsibility of the Merchant. Merchant is also exclusively responsible for any unclaimed property liabilities arising from Purchases made but not received by you, including gift cards.
8.3 Limitation of Liability
In no event will Foodstick be liable for any direct, indirect, special, punitive, indirect, incidental, exemplary, or consequential damages, including but not limited to damages for lost profits, goodwill, use, data, or other intangible losses, whether or not Foodstick has been advised of the possibility of such damages.
8.4 State Exemptions
The following limitations or exclusions may not apply to you because some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages. Foodstick's liability will be limited to the maximum extent permitted by law in such states.
8.5 Reliance on Limitations
Each party understands that the other has entered into these Terms & Conditions relying on the limitations of liability set forth above and that those restrictions are an integral component of the parties' bargain.
Unforeseen Circumstances
Foodstick will not be liable for any failure or delay caused by circumstances beyond its reasonable control, such as government action or acts of terrorism, earthquakes, fires, pandemics, floods, or other acts of God, labor conditions, power outages, or Internet disruptions.
Indemnification
You agree to defend, indemnify, and hold harmless Foodstick and its directors, officers, employees, affiliates, and agents from and against any and all third-party claims, liability, damages, expenses, and costs actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of these Terms & Conditions or any other policy; (b) your access to, use, or misuse of the Third-Party Content or Services, and (c) your breach of any other policy; (c) any infringement of any intellectual property or other rights of another person by you or any other user of your account. Any such claim, suit, or process will be notified to you by Foodstick. Foodstick maintains the right to assume sole defense and control of any issue covered by this Section's indemnification provisions. In this situation, you undertake to comply with any reasonable requests made by Foodstick to aid in the defense of the issue.
Use of Trademarks and Content Ownership
11.1 Ownership
All rights, title, interest, copyright, and other international intellectual property and trade secret rights in and to the Services are owned or licensed by Foodstick (including all derivatives or improvements thereof). At any time, you may voluntarily offer comments, enhancement requests, ideas, thoughts, recommendations, or other input on the Services ("Feedback"). You irrevocably assign to Foodstick all right, title, interest, and other worldwide intellectual property rights in and to the Feedback, and you acknowledge that we are free to use, disclose, reproduce, and otherwise exploit any and all Feedback you provide relating to the Services in our sole discretion, without any obligation or restriction of any kind. Foodstick reserves all rights not expressly granted herein.
11.2 User Content
You maintain all rights, title, and interest in and to any text, graphics, videos, photos, or other material ("User Content") that you contribute to the Services. Foodstick is granted a non-exclusive, royalty-free, fully paid-up, global license to access, use, copy, edit (including the right to create derivative works of), display, and transmit User Content in compliance with our Privacy Statement. You are solely responsible for the accuracy, quality, content, and legality of User Content, as well as the means by which User Content is obtained and any transfer of User Content outside of the Services by you or any third-party you permit. You represent, warrant, and agree that you have all necessary rights to upload User Content to the Services and to have such User Content utilized or shared in connection with the Services, as applicable.
11.3 Third-Party Content
You may be presented with material provided by third parties that are not owned or controlled by us, from our partners, and/or from other users of the Services, such as links to other websites or materials, software, text, graphics, videos, images, or advertising content (collectively referred to as "Third-Party Content"). Intellectual property laws in the United States and abroad safeguard all Third-Party Content and Services. Copyright, trademark, and other laws may be violated if the Services and/or Third-Party Content are used without permission. You have no rights in or to the Services or Third-Party Content, except as specifically stated above, and you will not use, copy, or display the Services or Third-Party Content except as permitted by these Terms. Without our prior written authorization, no further use of the Services or Third-Party Content is authorized. All copyright and other property notices contained in the Services and Third-Party Content must be retained by you. You may not sell, transfer, assign, license, sublicense, or alter the Third-Party Content, nor may you reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use it for any public or commercial purpose other than as expressly permitted below. It is explicitly forbidden to use or post any of the Third-Party Content on any other platform or in a networked computer system for any purpose. Your right to access and/or use the Third-Party Content and Services will be automatically terminated if you violate any section of these Terms & Conditions.
11.4 Content Monitoring and Removal
We do not monitor, pre-screen, or filter all User Content or Third-Party Content, but we reserve the right, in our sole discretion, to delete or refuse to accept any User Content or Third-Party Content. Furthermore, we have the right (but not the responsibility) to reject or delete any content that we reasonably believe is in violation of these Terms or Applicable Law and Rules in our sole discretion.
11.5 Precautions for Third-Party Content
We make no guarantees about the authenticity, integrity, or quality of any Third-Party Content, regardless of whether such items or services are labeled as "certified," "validated," or something similar. Any interaction or data exchange between you and a third party is strictly between you and that third party. To safeguard your computer from viruses and other damaging applications, take measures when downloading data from any platform. You entirely assume all risks associated with accessing any Third-Party Content. Foodstick will not be liable in any manner for any Third-Party Content, including any errors or omissions therein, or any loss or damage of any kind incurred as a result of the use of or reliance on any Third-Party Content posted, emailed, linked, or otherwise communicated over the Services.
11.6 Trademarks
Foodstick's trademarks, service marks, and logos (collectively, the "Foodstick Trademarks") are registered and unregistered trademarks or service marks of Foodstick. Other Foodstick product and service names in the Services could be trademarks or service marks held by a Merchant or other third parties (the "Third-Party Trademarks," and the "Trademarks" together with the Foodstick Trademarks). Without the prior written agreement of Foodstick for each such use, nothing in these Terms & Conditions should be construed as giving, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in the Services. The Trademarks may not be used to disparage Foodstick or the applicable third-party, Foodstick's or the applicable third-products party's or services, or in any way that could harm the Trademarks' goodwill. Without Foodstick's prior written consent, you may not use any Trademarks except as indicated herein. All goodwill generated by the use of any Foodstick or Third-Party Trademark will benefit Foodstick or the appropriate Third Party, as the case may be.
Termination of the Terms & Conditions
Unless and until you or we terminate your use of any related Service, these Terms & Conditions will continue to apply(s). You will lose access to the relevant Services after termination, and we reserve the right to remove any information we have about you or your transactions on the Services. The termination of your use of any of the Services does not free you of your obligation to pay for any Purchases made as well as any associated fees and charges that have already been incurred. We will not give any refunds for sums previously paid through the Services if your usage of the Services is terminated by you or us.
Foodstick maintains the right to limit, suspend, or terminate your Foodstick account and/or access to all or any portion of the Services at any time and for any reason, without notice or liability to you or any third party. Furthermore, any of the Services, or any feature or component thereof, may be modified, replaced, suspended, or canceled at any time, without notice, and without responsibility, at Foodstick's sole discretion.
Electronic Communications (E-Sign Disclosure and Consent)
These phrases define how Foodstick sends you electronic communications. We reserve the right to change these terms at any time, and if we do, we will provide you reasonable notice by following any communication preferences you have provided to us and by providing notice of the changes on our Website.
13.1 Electronic Communications Consent
All communications, agreements, disclosures, notices, and documents (collectively "Communications") that we send in connection with your Foodstick account and the Services we provide will be communicated to you electronically. We may be obliged to supply you with written communications that you consent to receive electronically rather than on paper, such as by sending an email to the address you designate to us, or by posting notice or engaging with you via the Foodstick app or our website. Payment authorizations and transaction receipts or confirmations, customer support problems, and any other communication connected to your use of the Services are included in communications.
You must maintain your email address current and up to date in order for Foodstick to contact you. By logging in and going to the Profile section of the Foodstick app, you may change the email address linked with your account.
All electronic communications will be deemed "in writing" and will be considered received by you when they are posted on the Website or Foodstick app, or sent to you via electronic email or SMS, regardless of whether you have accessed them.
13.2 Permission to Contact Your Mobile Number
You confirm that you are authorized to disclose your mobile phone number to Foodstick and accept that Foodstick may contact you at that number by voluntarily supplying it to Foodstick. If you submit a mobile phone number, you expressly agree that Foodstick may contact you via automated phone calls, SMS, or MMS messages at that number, and you hereby consent to receiving such communications for transactional, informative, and operational purposes.
13.3 Term of Consent
Unless you cancel your consent to receive electronic Communications, it remains in effect. You have the right to cancel your consent at any time; however, consent to electronic Communications is a requirement of several of our services, and if you renounce it, you will no longer be able to use them. Please contact support@foodstick.online to revoke your consent for electronic Communications.
13.4 Agreement Techniques
You acknowledge and agree that by clicking on the "I Agree," "Submit," "Create Account," or other similar buttons on the website, Online Ordering page, Foodstick App, or other feature offered under our Services and associated with these Terms or any other electronic document authorizing us to provide the Services to you, you are indicating your intent to sign these Terms and/or any other applicable agreement (s). You also agree that by clicking these buttons on the website, using the Digital Ordering feature, or using the Foodstick App, you are electronically signing these Terms or any other document displayed with the button(s) and relevant to the Services. You also agree that your electronic signature on these Terms and any other document will have the same legal effect as if you signed the documents in ink on paper under state and federal law.
Arbitration
14.1 Agreement to Arbitrate
The Arbitration Agreement is referred to as Section 14. You agree that any and all disputes or claims that have arisen or may arise between you and Foodstick, whether arising out of or in connection with these Terms & Conditions or your use of the Services, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, with the exception that you may assert individual claims in small claims court if your claims qualify. By agreeing to these Terms, you and Foodstick are each relinquishing the right to a jury trial or to join a class action lawsuit. A neutral arbitrator, not a judge or jury, will decide your rights. The interpretation and enforcement of this Arbitration Agreement are governed by the Federal Arbitration Act. Despite the foregoing, neither party is barred from filing a court action solely for the purpose of obtaining a temporary restraining order or preliminary injunction in circumstances where such relief is appropriate, provided that any other relief is sought through an arbitration proceeding pursuant to this Arbitration Agreement.
14.2 Non-individualized relief and prohibition of class and representative actions
You and Foodstick agree that you and Foodstick may only pursue claims against each other on an individual basis, not as a plaintiff or class member in any ostensibly class or representative action or proceeding. The arbitrator may not consolidate or join more than one person's or party's claims, and may not preside over any sort of consolidated, representative, or class proceeding unless both you and Foodstick agree otherwise. Furthermore, the arbitrator may only grant relief (including monetary, injunctive, and declaratory relief) to the particular party requesting relief, and only to the degree necessary to satisfy that party's individual claim (s).
14.3 Dispute Settlement Before Arbitration
By emailing Foodstick's Customer Care staff at support@foodstick.online, most issues may be resolved quickly and to everyone's satisfaction. If these attempts fail, the party seeking arbitration must first send a formal Notice of Dispute ("Notice") to the other party by certified mail. Foodstick should be notified by sending a letter to 85 KDA Outer Bypass Road, Sonadanga, Khulna-9100. The Notice must I identify the claim or disagreement and (ii) state the precise relief sought. You or Foodstick may initiate an arbitration procedure if you and Foodstick do not resolve the issue within sixty (60) calendar days of receiving the Notice. The amount of any settlement offer made by Foodstick or you during the arbitration shall not be disclosed to the arbitrator until the arbitrator determines the amount to which you or Foodstick is entitled if any.
14.4 Confidentiality
For the advantage of all parties, all aspects of the arbitration proceeding, as well as any rule, decision, or award by the arbitrator, will be kept totally confidential.
14.5 Severability
If a court or arbitrator rules that any term or provision of this Arbitration Agreement, other than Sub-Section 14.1 above, is invalid or unenforceable, the parties agree to replace it with a term or provision that is valid and enforceable and comes closest to expressing the invalid or unenforceable term or provision, and the Arbitration Agreement will be enforceable as modified. If any of the provisions of Sub-Section 14.1 are found to be unlawful or unenforceable by a court or arbitrator, the entire Arbitration Agreement would be null and void. The rest of these Terms will remain in effect.
Assignment
By operation of law or otherwise, you may not assign these Terms or any rights or obligations herein without our prior written agreement, and any attempted assignment may be void. We reserve the right to assign these Terms, as well as the rights and obligations that come with them, to any third party without notice or approval. The parties hereto, their successors, and permitted assigns shall be bound by and benefit from these Terms, subject to the preceding.
Governing Law
The laws of the Peoples' Republic of Bangladesh will govern any action, claim, or dispute arising out of these Terms of Service.
Miscellaneous
If any term of these Terms is declared to be illegal by a court of competent jurisdiction, the validity of the remaining parts of these Terms will not be affected, and they will remain in full force and effect. Foodstick’s failure to act on or enforce any provision of these Terms will not be interpreted as a waiver of that or any other provision. No waiver against Foodstick will be effective unless it is in writing, and no such waiver will be interpreted as a waiver in any other or subsequent occurrence. These Terms, including any Foodstick policies governing the Services referenced herein, constitute the entire agreement between you and Foodstick with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, whether written or oral, between you and Foodstick with respect to the subject matter. The section headings are supplied for convenience only and have no legal significance.
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