Terms of Use

Terms and Conditions of Use of Foodo App and www.gofoodo.com (Nov. 2012)

The Foodo App enables users to pre-order food from local restaurants using their mobile devices.

Please read these Terms carefully. If You do not agree with them OR are not at least 18 years old, You cannot register as a Foodo Member but as a visitor are still bound by these User Terms of Service.

These Terms of Service ("Terms" or "Agreement") are a legal agreement and apply to all users of the Foodo App (“Users”, “You” and “your”) in connection with the Foodo App and Web Sites located on the Apple App Store and at www.gofoodo.com (the “Sites”) and all sub-directories or sub-extensions and any updates collectively (the "Service"), owned by Foodo Inc., a company and any of its related entities or authorized agents, with offices in Toronto, Ontario, Canada (the “Company” “us” and “we”).

By accessing the Sites and using the Service and in consideration for the rights and licenses granted, you agree to comply with and be bound by this Agreement and the Privacy Policy, whether You are simply browsing the Sites (as a “Visitor”) or You are registered or plan to register as a buyer or seller “Foodo Member” (“Member”) (collectively “Users” below).

1 Status of Agreement

1.1 Modifications

Foodo may modify these Terms from time to time and any changes are effective upon posting them on the Sites. You will be bound by any changes when You use the Sites and the Service after changes are posted. You should review these Terms regularly as we will highlight changes for a month after we post them. If You don’t agree with the altered Terms your sole remedy is to stop using the Sites and the Service.

1.2 Term

This Agreement comes into force on launch of the Sites in November 2012 and remains in effect indefinitely (as modified from time to time), so long as the Sites and Service continue in existence.

1.3 Termination

Foodo may terminate a feature of the Service or a User’s access to the Sites and Service at any time, for any reason in its sole discretion, or may shut down the Sites and terminate the Service without notice and without any liability to You.

1.4 Third Party Sites

You may be able to link and share Content with users outside the Sites by clicking on the links. These linked websites are not owned or controlled by the Company and we have no control over and assume no responsibility for the practices, policies or content of any third party websites. The Company takes no responsibility for advertisements which are posted on or through such services.

1.5 Restaurant Listings

The Company is not responsible for the accuracy of listings created by subscribing Restaurants – be that advertising specials, loyalty programs, pricing, menus, parking facilities or other details. If a restaurant aggregator posts menus there may be a mark-up and this might appear as a pricing discrepancy. Reports or problems with Restaurant representations should be directed to help@gofoodo.com and we will do our best to reach a resolution for you.

2 Uses and Conduct

2.1 Use

We encourage You to not just purchase your food order, but to upload your personal reviews, comments and endorsements along with any photos of the Restaurants You visit for the benefit of the community of Foodo Members.

You confirm that:

  1. You will own or have written permission to post the content You upload to the Sites including: your comments and endorsements, your photos and videos (collectively “Content”);
  2. You will not copy and redistribute the Content owned by the Company or Content posted by third parties on the Sites;
  3. You will not resell or license the Content posted on Sites that does not belong to You or link to commercial sites directly from your comments;
  4. You will accept responsibility for what You publish on the Sites and be respectful and courteous to all Users of the Sites in particular when You post comments in reply to other people’s food experiences;
  5. You will respect the confidentiality and privacy of the Users of the Sites;
  6. You are fully and solely responsible for any activity that occurs under your name generated from your password or account and are responsible for keeping your access confidential. Your responsibility extends to any violation of this Agreement, your own conduct and your interactions with other Users and for any Content, material or information that You upload, create, post, display, publish, e-mail, communicate, transmit or otherwise make available, or which You share or transmit to other Users through social media and any damages to any party that may occur as a result. You must notify us immediately if You believe your account has been hacked and postings that have not been authorized by You are on the Sites and Service.

Unauthorized Inappropriate Content

You will only post relevant Content (personal reviews of restaurants) and won’t post any prohibited Content which includes statements that are inaccurate, false, misleading, deceptive, abusive, profane, vulgar, offensive, disrespectful, inflammatory or malicious;

Private Content

You agree not to post or share Content that contains any personal information of others, such as photos, videos, telephone numbers, street addresses, last names, personal preferences, age, or email addresses of any other person without their explicit consent. For more information see Privacy Policy;

Illegal Content

You agree not to post any illegal Content to the Sites including or any other content that breaches all applicable local, state, provincial, national and international laws and regulations including:

  1. obscene material;
  2. content that counsels or assists people to commit an offence;
  3. defamatory or libellous material;
  4. violations of the property rights of others, such as copyrights, trademarks, service marks, trade names and secrets.

Illegal Activity

You agree to NOT engage in the following conduct:

  1. copying, modifying, translating, publishing, broadcasting, transmitting, distributing, displaying, selling, trading, or reselling, licensing or otherwise exploiting any Content appearing on the Sites, except for Content owned by You.
  2. selling access to the Sites or advertising or sponsorships connected to the Sites including on any Blog, without the express permission of the Company.
  3. making available on the Sites any material that contains software viruses, worms, any other code, files or programs of a destructive nature (including those designed to interrupt, destroy or limit the functionality of the Sites, the Service or of a User’s software or hardware);
  4. interfering with, disrupting or creating an undue burden on the Sites or the Service or the networks or services connected to the Service;
  5. acting in a manner that negatively affects the ability of other Users to use the Sites and the Service features;
  6. uploading or posting commercial solicitations to the Sites or transmitting by e-mail or otherwise sending unsolicited messages to other Users of the Sites;
  7. using any information obtained from the Sites or Service in order to contact, advertise to, or solicit any User without their prior explicit consent;

2.2 Company’s Rights Regarding Content.

The Company reserves the right to remove Content that does not fit the theme or purpose of the Sites. The Company also reserves the right to remove Content based on relevance, length of content, duration on the Sites, or illegality and may at any time set limits on the number of photos or videos You may upload to the Sites.

2.3 Company’s Rights Regarding Conduct

The Company can and may investigate and take appropriate action against any User who, in its sole discretion violates or may have violated the provisions of these Terms regarding prohibited conduct, as set out above. You agree that the Company may report illegal activity to law enforcement authorities, block access to the Sites or the Service, or terminate User Membership for breaches of this Agreement or otherwise.

2.4 Disclaimer Regarding Conduct and Content.

From time to time Users might violate some or all of the Terms of this Agreement. Foodo does not endorse and has no control over the conduct of, or Content posted or shared by Users of the Service. The Company assumes no responsibility or liability for monitoring the Sites or for User conduct or Content posted to the Sites and makes no warranties, express or implied, as to User conduct or Content, including the truthfulness or reliability, or of any material or Content that Users or Restaurants communicate using the Sites. The opinions expressed on the Sites are those of the Users and not of the Company. The availability of Content on the Sites is not an endorsement by the Company of the individual, product or Restaurant that is a subject of the Content. Although the Company will not and has no obligation to conduct regular or extensive reviews of the Content posted by or linked to through its Sites, it will remove Content in good faith based on complaints and will ultimately refuse to accept Content based on verifiable evidence of a violation. If a dispute or claim arises about ownership of posted Content or the truthfulness of Restaurant description, the Company may remove the Content until a resolution has been reached through the appropriate channels. Removal of any Content in good faith is done without notice and without any liability or obligation to any party in a dispute.

2.5 Account Access

In cases of a repeat infringer (being a person with two or more repeated infraction notices related to these Terms), the Company may restrict, suspend, or terminate access to all or any part of the Service, deactivate or delete a Membership account and all related information and Content associated with an account.

2.6 Abuse Reports

If You become aware of an abuse, infringement, infraction or misuse of the Service or the Sites by any person, including any inappropriate User conduct or Content, please contact the Company at help@gofoodo.com.

2.7 Deletion of Content

You agree that the Company may access, preserve, disclose or delete your information and Content if required to do so by law or in a good faith belief that such act is reasonably necessary to comply with legal process, enforce this Agreement, respond to claims that Content violates the rights of third-parties, respond to your requests for removal or protect the rights, property, reputation or personal safety of employees and contractors of the Company, its Users, its subscribing Restaurants and the public. You should keep a backup copy of your Content if it is important to You that it be preserved.

3 Proprietary Rights in Content that You Post to Service

3.1 You Have All Necessary Rights

For all Content that You upload or post to the Sites You represent and warrant that You own or have the rights, approvals, licenses and/or consents necessary to submit the Content, and that use of the Content on the Sites does not violate the privacy rights, data protection rights, publicity rights, copyrights, trade-marks, contract rights or any other rights of any person, organization or enterprise.

3.2 Licensing Uploaded Content To Company

By displaying, uploading or publishing any Content on the Sites or through the Service, You grant to the Company a perpetual, unrestricted, non-exclusive, paid-up, sub-licensable, transferable, world-wide licence (with the right to sublicense through unlimited sub licensees) to use, reproduce, modify formats, digitally display, excerpt and (generally) distribute such Content (in whole or in part) on the Sites (the “Licence”) and on subscribing Restaurant sites and to allow You and others to link that Content to other online resources. The Licence includes the right to grant users of the Sites a non-exclusive licence to access and share the Content posted on the Sites. Additionally, my making your Content available to other Users or by sharing your Content to other online Web and mobile Sites the Licence includes a grant to all who can access your Content through unlimited levels of redistribution, an unrestricted, perpetual, non-exclusive, fully-paid and royalty-free licence to copy, display, and distribute such Content in online resources. No compensation will be paid with respect to the Content that You submit, upload, post, transmit or otherwise make available through the Service. You should only upload Content to the Sites that You are comfortable sharing with others. Always remember that Users of the Service and anyone the Content is shared with will be able to view any Content You post to the Sites.

3.3 Content Removal

You can remove your Content at any time by deleting your posting. Deletion of your Content will not automatically terminate any Content Licence granted to the Company prior to deletion of that Content and be advised that the Company may retain a server copy of the Content that has been removed or deleted. In addition, what has already been shared to other sites cannot be retrieved or recalled by the Company and remains available for public viewing indefinitely and without any liability on the part of the Company.

3.4 Company's Ownership Of Proprietary Rights

You acknowledge that the Sites and the Service contains copyrighted material, software, technology, trade-marks in its logos and trade names as well as other proprietary information of the Company and its third party licensors and any and all applications, renewals, extensions and restorations of such rights in force and effect worldwide. You agree that, except for the limited licence granted by these Terms, all right, title and interest to the Sites, the Service and its contents remains with the Company or third party owner licensees.

3.5 Company Software

All proprietary software that forms part of the Service is the property of the Company or its software licensors and is protected by Canadian and international copyright and/or patent laws. You agree not to translate, reverse engineer, decompile, disassemble, modify or create derivative works based on any of the software provided through the Sites and Service. You agree not to circumvent any technology used by the Company or its licensors to protect access rights to the Service.

3.6 Limited License Of Foodo Content To User

The Company grants You a limited, revocable personal license to use the Service to order food, and to publish your Content on the Sites including comments, endorsements and messages in connection with Restaurants or the posts of other Users on the Sites. No other rights in the Company’s own Content are granted to You.

4 Service Terms

4.1 Fees

While currently free, You acknowledge that Foodo reserves the right to charge for some or all of the features of the Service and to change any such fees from time to time in its discretion. Foodo may grant You a user account (Membership) and may terminate your account for non-payment of your food account, among other reasons.

4.2 Availability

The Company may change, suspend, delay or discontinue all or any feature of the Foodo Service at any time, with or without reason or notice. You acknowledge that the operation of the Sites and Service on any platform may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors.

4.3 Service Issues

We aim to keep our Members happy and fed! If there is any problem with the Service, or with one of our subscriber Restaurants please let us know. Our Customer help line is available 24/7 at 1-855-GO-FOODO (1-855-463-6636) or email us at help@gofoodo.com

4.4 Your Obligations

You are responsible for the orders you place. If you place a food order and a problem arises with pick-up you must contact the Restaurant to inform them. If you order food and don’t collect or pay for it we have the right to restrict your use of the Service.

5 Warranty Disclaimer, Liability and Indemnity

5.1 Warranty Disclaimer

THE COMPANY PROVIDES THE SITES AND SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE, ACCESS TO THE SITES OR ANY ERRORS IN THE INFORMATION OR CONTENT PROVIDED BY RESTAURANTS OR USERS UNDER THIS AGREEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING OR RELATING TO THE SITES AND SERVICE AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES RELATED TO THE SITES OR SERVICE “FITNESS FOR A PARTICULAR PURPOSE”.

5.2 Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITES OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, SERVICE INTERRUPTIONS; DAMAGE TO MOBILE DEVICES, COMPUTERS OR OTHER PROPERTY ARISING FROM USE OF THE SITES; DAMAGES FOR LOSS OF BUSINESS OPPORTUNITIES; LOSS OF GOODWILL, BUSINESS REPUTATION OR PROFIT (WHETHER DIRECTLY OR INDIRECTLY); LOSS OF ADVERTISING REVENUE; LOSS OR CORRUPTION OF DATA (INCLUDING CUSTOMER MEMBERSHIP DATA); OR DAMAGE TO EQUIPMENT DUE TO SOFTWARE BUGS, OR MALWARE GENERATED BY AN OUTSIDE PARTY; LOSSES ARISING FROM DISCLOSURES OR INACCURACIES ASSOCIATED WITH THE CONTENT OR RESTAURANT LISTINGS; GENERALLY, ERRORS OR OMISSIONS IN THE CONTENT; ALL OF THE ABOVE IS DISCLAIMED EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. USERS SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR CONDUCT OF A DEFAMATORY, OFFENSIVE OR ILLEGAL NATURE GENERATED BY ANY USER OR FROM A FAILURE TO KEEP ACCESS INFORMATION SECURE AND CONFIDENTIAL AND THAT THE RISK OR HARM OF PARTICIPATING IN THE SITES AND SERVICE RESTS ENTIRELY WITH EACH USER. WE MAKE ABSOLUTELY NO CLAIMS ABOUT FOOD OR BEVERAGE QUALITY OR SUITABILITY FOR YOUR TASTES OR PURPOSES. YOU AGREE THAT THESE LIMITATIONS ARE FAIR GIVEN THE BENEFITS MADE AVAILABLE TO YOU BY THIS OFFER

5.3 Indemnity

To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless Company, its officers, directors, employees or agents, successors and assigns from any and all claims, losses, costs, liabilities, obligations, damages, and expenses (including but not limited to legal fees) relating to, or arising out of your use of the Service and Sites, the posting of YOUR Content to the Sites, including any breach by You of the terms of this Agreement, and any claims arising from the Content You submit, post, share or make available through the Sites and its related links including but not limited to, violations of privacy, copyright and defamation.

6 General Provisions

6.1 Choice Of Law And Forum

These Terms, the relationship between You and the Company, and any dispute involving the Sites and the Service shall be governed by and construed and interpreted in accordance with the laws of Ontario, Canada, without regard to conflict of law provisions or your actual jurisdiction of residence. You hereby irrevocably submit to the personal and exclusive jurisdiction and venue of the courts or tribunals having jurisdiction in Toronto, Ontario, Canada, other than for actions to enforce any order or judgment entered by such courts, in the event of any dispute arising out of or relating to this Agreement. If You use this Sites or Service from outside of Canada You do so knowing that we are not responsible for compliance with local laws in your jurisdiction.

6.2 Survival and Assignment

These Terms will survive the expiration or deletion of your Foodo Member Account and Content for any reason. These Terms are not assignable by You as they relate to personal (and repeated) use. The Company may assign any or all of its rights and obligations under this Agreement in the event of a merger or acquisition of the Company if the assets involved include the Sites or Service to which this Agreement relates.

6.3 Enire Agreement

This Agreement contains the entire agreement between You and the Company operating as Foodo at www.gofoodo.com regarding the use of the Sites and Service. If any terms or portions of them are found to be unenforceable, the remainder shall survive.

6.4 Waiver

The Company’s agreement or failure to assert a right or provision under these Terms shall not be considered a waiver of these rights or provision and shall not also constitute a continuing waiver.


BY USING THIS SERVICE AND SITES YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT (AS AMENDED) ARE AT LEAST 18 YEARS OLD IF SIGNING UP FOR MEMBERSHIP AND YOUR USE INDICATES THAT YOU AGREE WITH ALL OF THE TERMS OF SERVICE ABOVE.