Foodee App End User License Agreement
This End User License Agreement (“Agreement”) is between you and Foodee and governs use of this app made available through the Apple App Store. By installing the
Foodee App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Foodee App.
In order to ensure Foodee provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content.
1. Parties
This Agreement is between you and Foodee only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Foodee, not Apple, is solely responsible for the Foodee App and its content.
2. Privacy
Foodee may collect and use information about your usage of the Foodee App, including certain types of information from and about your device. Foodee may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Foodee App.
Location Data and its use by Foodee: Foodee and FoodeeDriver apps share user location data to provide core functionality of the service, which are: showing nearby restaurants and vendors for customers, allow users to add delivery addresses, allow drivers using FoodeeDriver app to receive delivery orders based on their location, and allow users and vendors to track drivers performing deliveries in real-time. Location data are not stored on Foodee servers, and are only processed in real time.
3. Limited License
Foodee grants you a limited, non-exclusive, non-transferable, revocable license to use the Foodee App for your personal, non-commercial purposes. You may only use the Foodee App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
5. Age Restrictions
By using the Foodee App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Foodee App does not violate any applicable law or regulation. Your access to the Foodee App may be terminated without warning if Foodee believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the Foodee App, you agree to be bound by this Agreement in respect to your child's use of the Foodee App.
5. Objectionable Content
Policy Content may not be submitted to Foodee, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
6. Warranty
Foodee disclaims all warranties about the Foodee App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Foodee, not Apple, shall be solely responsible for such warranty.
7. Maintenance and Support
Foodee does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Foodee, not Apple, shall be obligated to furnish any such maintenance or support.
8. Product Claims
Foodee, not Apple, is responsible for addressing any claims by you relating to the Foodee App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Foodee App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
9. Third Party Intellectual Property Claims
Foodee shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Foodee App. To the extent Foodee is required to provide indemnification by applicable law, Foodee, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Foodee App or your use of it infringes any third party intellectual property right.