Terms of Service
Noble Idea Solution
LLC.
NOBLE IDEA SOLUTION LLC. (“HUNGRYFOOD.COM”/“WE”/”US”/“OUR”) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.HUNGRYFOOD.COM (“WEBSITE”) AND THE HUNGRYFOOD.COM APPLICATION (THE “APP”). THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE,
INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES
PROVIDED THROUGH THIS WEBSITE, USERS WHO DOWNLOAD THE APP AND USERS WHO SIMPLY
VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.BY USING THIS WEBSITE
AND/OR THE APP YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO
NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE APP OR THIS WEBSITE OR ANY
OF THEIR CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY HUNGRYFOOD.COM
FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE
YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE
TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE
TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.
ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE
SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS
PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.IF YOU ARE ACCEPTING THESE TERMS
OF USE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT
THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF
USE ON BEHALF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY
TO THESE TERMS OF USE.
1.
The Service
The Hungryfood.com service allows users to place orders for
products included but not limited to food delivery, take from restaurants and
stores in select cities as identified on the Website (the “Service”). You can use the Service from a computer or
a personal mobile device if you have downloaded the App. For avoidance of
doubt, Hungryfood.com does not prepare the food or provide delivery services
directly and it will not be liable for the actions or omissions of any
third-party independent courier contractors or restaurants that provide
services through the Service including without limitation for any issues
related to product/food quality or timely delivery.
2.
Registration
By placing an order with us you warrant that you are legally
capable of entering into binding contracts and are at least 18 years old. In
the case of ordering alcohol, you warrant that you are of legal age and are not
buying such products for anyone below the legal age.
In order to place orders through the Service (each an “Order”), you must create an account on the Website
and/or App to enter your delivery and payment information, where you will agree
that Hungryfood.com will store your delivery information in order to provide
the Service to you. By creating an account, you will be able to review your
previous Orders and enjoy other member features of the Service. You must be the
credit card holder in order to place Orders through the Service. Personal
information provided by you on registration is handled by us in accordance with
the terms of our Privacy Policy.
3.
Processing Orders
Once you submit an Order and your payment has been authorized
(cash, credit card, or debit card), your Order will be transmitted to the
restaurant you ordered from. Once you have submitted your Order and your
payment has been authorized, you WILL NOT be entitled to change your order and
you WILL NOT be entitled to a refund (except where prohibited by law). You are
responsible to ensure that all of your restaurant order details, billing,
delivery address, and other relevant personal information is current, complete,
and accurate. Please note that any confirmation page that you may see on the
Website and any Order confirmation e-mail that you may receive each merely
indicate that your Order has been received and is being processed by us, and
does not necessarily mean that your Order has been accepted by the Restaurant.
We encourage all our Restaurants to accept all Orders and to communicate any
rejection promptly, and we will notify you (generally by email) as soon as
reasonably practicable if a Restaurant rejects your Order. However, Restaurants
have the discretion to reject Orders at any time because they are too busy, due
to weather conditions or for any other reason.
Rejected Orders: Because of standard banking procedures, once you have
submitted an Order that you are paying for by credit or debit card and your
payment has been authorised, your bank or card issuer will "ring-fence"
the full amount of your Order. If your Order is subsequently rejected by the
Restaurant or cancelled for any other reason, your bank or card issuer will not
transfer the funds for the Order to us, and will instead release the relevant
amount back into your available balance. However, this may take a period of
typically up to 5 working days (and in some cases up to 30 days, depending on
your bank or card issuer). You acknowledge and agree that neither we nor the
relevant Restaurant will be responsible or liable to you in relation to this
delay by your bank or card issuer in the release of funds back into your
account.
4.
Delivery of Orders
When you place a Pickup or Delivery Order, you may choose the
time you would like your Order to be picked up or delivered to you. This time
is only an estimate and Hungryfood.com offers no guarantee by this time. Hungryfood.com
is not responsible for any delays in receiving your Order for any reason.
If you have ordered alcohol, you must be of legal age to consume alcohol in the
area in which the alcohol is delivered. The right is reserved of Vendors to
require, valid government-issued photo identification, matching the name on the
order, proving your age to the courier and that the recipient will not be
intoxicated when receiving delivery. If you are unable to meet these conditions
to the satisfaction of the Vendor then delivery of the alcohol products will be
withheld, and any refund for such withholding is solely at the discretion of
the Vendor.
5.
Price and Payment
Prices will be as quoted on the Website and App and will have
applicable sales taxes and delivery charges calculated at checkout. You will be
charged at the time of placing your Order. Payment for Orders will be
transacted through our applicable third party payment processor. You consent to
the collection and use of your information (including, if applicable, personal
information) by such payment processing service as necessary to process your
payments. We reserve the right to change, or to stop accepting, any permitted
payment method at any time in its sole discretion. You agree we may charge your
payment card for any order placed and for any additional amounts (including any
taxes) as may be applicable in connection with your purchase. You are
responsible to ensure that all of your billing information is current,
complete, and accurate. We will provide you with an online and/or emailed
billing summary statement which you may review, save, or print at your
discretion. This is the only billing statement that will be provided by us.
6.
Content
All information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials, whether publicly
posted or privately transmitted to the Website and App by viewers or users (“User Content”), is the sole responsibility of such viewers
or users. This means that the viewer or user, and not Hungryfood.com, are
entirely responsible for all such material uploaded, posted, emailed,
transmitted or otherwise made available by using the Service. Hungryfood.com
does not control or actively monitor User Content and, as such, does not
guarantee the accuracy, integrity or quality of such content. Users acknowledge
that by using the Service, they may be exposed to materials that are offensive,
indecent or objectionable. Under no circumstances will Hungryfood.com be liable
in any way for any materials, including, but not limited to, for any errors or
omissions in any materials or any defects or errors in any printing or
manufacturing, or for any loss or damage of any kind incurred as a result of
the viewing or use of any materials posted, emailed, transmitted or otherwise
made available via the Service.
7.
Restrictions on User Content and Use of the Service
Hungryfood.com reserves the right at all times (but will have no
obligation) to remove or refuse to distribute any User Content and to terminate
users or reclaim usernames. We also reserve the right to access, read,
preserve, and disclose any information as we reasonably believe is necessary to
(i) satisfy any applicable law, regulation, legal process or governmental
request, (ii) enforce these Terms of Use, including investigation of potential
violations hereof, (iii) detect, prevent, or otherwise address fraud, security
or technical issues, (iv) respond to user support requests, or (v) protect the
rights, property or safety of our users and the public.
In using the Website, App and/or Service You shall not:
1. copy any content unless expressly permitted to
do so herein;
2. upload, post, email, transmit or otherwise
make available any material that:
1. is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous,
invasive of another's privacy, hateful, or racially or ethnically
objectionable, encourages criminal behavior, gives rise to civil liability,
violates any law, or is otherwise objectionable;
2. You do not have a right to make available
under any law or under a contractual relationship;
3. infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party (including privacy rights);
4. is or contains unsolicited or unauthorized
advertising, solicitations for business, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
5. contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment or data or the Website or that of any users or viewers of the Website
or that compromises a user’s privacy; or
6. contains any falsehoods or misrepresentations
or create an impression that You know is incorrect, misleading, or deceptive,
or any material that could damage or harm minors in any way;
3. impersonate any person or entity or
misrepresent their affiliation with a person or entity;
4. forge headers or otherwise manipulate
identifiers in order to disguise the origin of any material transmitted to or
through the Website or impersonate another person or organization;
5. interfere with or disrupt the Website or
servers or networks connected to the Website, or disobey any requirements,
procedures, policies or regulations of networks connected to the Website or
probe, scan, or test the vulnerability of any system or network or breach or
circumvent any security or authentication measures;
6. intentionally or unintentionally violate any
applicable local, state, national or international law or regulation;
7. collect or store personal data about other
users or viewers;
8. license, sell, rent, lease, transfer, assign,
distribute, host, or otherwise commercially exploit the Website or App; or
9. modify, translate, make derivative works of,
disassemble, decompile, reverse compile or reverse engineer any part of the App
or any software provided as part of the Website, except to the extent the
foregoing restrictions are expressly prohibited by applicable law.
You also agree not to access the Website or App in a manner that utilizes the
resources of the Website or App more heavily than would be the case for an
individual person using a conventional web browser. Notwithstanding the
foregoing, operators of public search engines may use spiders or other bots for
the purpose of creating publicly available searchable indices of the materials
on this Website.
8.
License of Content to Hungryfood.com and other Users
By submitting, posting or displaying User Content on or through
the Service, you grant us (and our agents) a non-exclusive, royalty-free
license (with the right to sublicense) to use, copy, modify, transmit, display
and distribute such User Content. Hungryfood.com will not be responsible or
liable for any use of User Content in accordance with these Terms of Use. You
represent and warrant that you have all the rights, power and authority
necessary to grant the rights granted herein to any User Content that you
submit.
9.
End User License
Except for User Content, the App, this Website, and the
information and materials contained therein, are the property of Hungryfood.com
and its licensors, and are protected from unauthorized copying and
dissemination by copyright law, trademark law, and other intellectual property
laws. Subject to these Terms of Use, Hungryfood.com grants you a
non-transferable, non-exclusive, license to (a) use the Website for your use,
and (b) download, install and use one copy of the App on a mobile device that
you own or control for your use (the “License”). The App is licensed to you and not sold.
Nothing in the Terms of Use gives you a right to use the Hungryfood.com names,
trademarks, logos, domain names, and other distinctive brand features without
our prior written consent. You shall not attempt to override or circumvent any
of the usage rules or restrictions on the Website. Any future release, update,
or other addition to functionality of the Website or App shall be subject to the
terms of these Terms of Use.
10.
Apple App Store and Google Play Store Additional Terms and
Conditions
The following additional terms and conditions apply to you if
you are using the App from the Apple App Store and/or Google Play Store. To the
extent the other terms and conditions of this Terms of Use are less restrictive
than, or otherwise conflict with, the terms and conditions of this Section, the
more restrictive or conflicting terms and conditions in this Section apply, but
solely with respect to the App from the Apple App Store and/or Google Play
Store. You acknowledge and agree that:
o These Terms of Use are concluded solely
between Hungryfood.com and You and not with Apple or Google, and Hungryfood.com
not Apple or Google, is solely responsible for the App and the content thereof.
To the extent that these Terms of Use provide for usage rules for the App which
are less restrictive or in conflict with the Apple App Store Terms of Service
or Google Play Store Terms of Service, the more restrictive or conflicting
Apple or Google term will take precedence and will apply;
o Apple and Google have no obligation whatsoever
to provide any maintenance and support services with respect to the App. Hungryfood.com
is solely responsible for any product warranties, whether express or implied by
law, to the extent not effectively disclaimed. In the event of any failure of
the App to conform to any applicable warranty, you may notify Apple or Google,
and Apple or Google will refund the purchase price for the App to you and to the
maximum extent permitted by applicable law, Apple and Google will have no other
warranty obligation whatsoever with respect to the App, and any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure to
conform to any warranty will be Hungryfood.com’ sole responsibility;
o Hungryfood.com, not Apple and Google, is
responsible for addressing any claims of you or any third party relating to the
App or your possession and/or use of the App, including, but not limited to:
(i) product liability claims; (ii) any claim that the App fails to conform to
any applicable legal or regulatory requirement; (iii) claims arising under
consumer protection or similar legislation.; and/or (iv) intellectual property
infringement claims; and
o Apple and Google, and their subsidiaries, are
third party beneficiaries of this Agreement, and that, upon your acceptance of
these Terms of Use, Apple and Google will have the right (and will be deemed to
have accepted the right) to enforce these Terms of Use against you as a third
party beneficiary thereof.
You represent and warrant that (i) you are not located in a
country that is subject to a Canada or U.S. Government embargo, or that has
been designated by the Canada or U.S. Government as a “terrorist supporting”
country; and (ii) you are not listed on any Canada or U.S. Government list of
prohibited or restricted parties.
11.
Feedback
If You provide Hungryfood.com with any suggestions, comments or
other feedback relating to any aspect of the Website, App and/or Service
("Feedback"), Hungryfood.com
may use such Feedback in the Website, App, Service and/or in any other Hungryfood.com
products or services (collectively, "Hungryfood.com Offerings"). Accordingly, You agree that: (a) Hungryfood.com
is not subject to any confidentiality obligations in respect to the Feedback,
(b) the Feedback is not confidential or proprietary information of You or any
third party and You have all of the necessary rights to disclose the Feedback
to Hungryfood.com, (c) Hungryfood.com (including all of its successors and
assigns and any successors and assigns of any of the Hungryfood.com Offerings)
may freely use, reproduce, publicize, license, distribute, and otherwise
commercialize Feedback in any Hungryfood.com Offerings, and (d) You are not
entitled to receive any compensation or re-imbursement of any kind in respect
of the Feedback.
By posting, uploading or transmitting any Feedback, you warrant and represent
that you own or otherwise have all necessary intellectual property and moral
rights in and to such Feedback including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit such
Feedback.
You are prohibited from posting, uploading or transmitting any Feedback that:
o breaches any applicable local, national or
international law;
o is unlawful or fraudulent;
o amounts to unauthorised advertising; or
o contains viruses or any other harmful
programs.
In particular (but without limitation), any Feedback that you
submit through the Website must not:
o contain any defamatory, obscene or offensive
material;
o promote violence or discrimination;
o infringe the intellectual property rights of
another person;
o breach any legal duty owed to a third party
(such as a duty of confidence);
o promote illegal activity or invade another’s
privacy;
o give the impression that they originate from
us; or
o be used to impersonate another person or to
misrepresent your affiliation with another person.
We reserve the right and have the sole discretion to remove or
edit at any time any Feedback posted, uploaded or transmitted to the
Website/App that we determine breaches a prohibition detailed above, is
otherwise objectionable or may expose us or any third parties to any harm or
liability of any type, or for any other reason.
The Feedback contained on the Website/App are for information purposes only and
do not constitute advice from us. Feedback reflects the opinions of customers
who have ordered through the Website/App and any statements, advice or opinions
provided by such persons are theirs only. Accordingly, to the fullest extent
permitted by law, we assume no responsibility or liability to any person for
any Feedback, including without limitation any mistakes, defamation, obscenity,
omissions or falsehoods that you may encounter in any such materials.
12.
Advertising
You acknowledge and agree that the Website and App may contain
advertisements. If You elect to have any business dealings with anyone whose
products or services may be advertised on the Website or App, You acknowledge
and agree that such dealings are solely between You and such advertiser and You
further acknowledge and agree that Hungryfood.com shall not have any
responsibility or liability for any losses or damages that You may incur as a
result of any such dealings.
13.
Links & Third-Party Websites
The Website and App (including User Content) may contain links
to other websites that are not owned or controlled by Hungryfood.com. In no
event shall any reference to any third party, third party product or service be
construed as an approval or endorsement by Hungryfood.com of that third party,
third party product or service. Hungryfood.com is also not responsible for the
content of any linked websites. Any third-party websites or services are
subject to the terms and conditions of those websites and or services and You
are responsible for determining those terms and conditions and complying with
them. The presence of a link to any other website(s) does not imply that Hungryfood.com
endorses or accepts any responsibility for the content or use of such websites,
and You hereby release Hungryfood.com from all liability and/damages that may
arise from Your use of such websites or receipt of services from any such
websites.
While Hungryfood.com does not prohibit linking to third party websites and
content, it does not wish to be linked to or from any third-party web site
which contains, posts or transmits any of the prohibited content in Section 3
of these Terms of Use. Hungryfood.com reserves the right to prohibit or remove
(or require You to remove) any link to the Website, including, without
limitation, any link which contains or makes available any content or
information of the foregoing nature, at any time.
14. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND
CONDITIONS. THE WEBSITE, SERVICE, APP AND ALL MATERIALS PROVIDED THEREIN ARE
PROVIDED "AS IS." HUNGRYFOOD.COM SPECIFICALLY DISCLAIMS ALL
REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY,
BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY
QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING
OR USING ANY SUCH MATERIAL. HUNGRYFOOD.COM DOES NOT WARRANT, ENDORSE,
GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD
PARTY THROUGH THE WEBSITE OR APP OR IN RESPECT TO ANY WEBSITE THAT CAN BE
REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING ON THE WEBSITE, AND HUNGRYFOOD.COM SHALL NOT BE A PARTY TO ANY
TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. HUNGRYFOOD.COM
WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE. HUNGRYFOOD.COM
WILL NOT BE LIABLE FOR ANY ISSUES RELATED TO FOOD ORDERS OR DELIVERIES
PROCESSED THROUGH THE SERVICE.
15. LIMITATION OF LIABILITY. UNDER NO
CIRCUMSTANCES SHALL HUNGRYFOOD.COM BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR
YOUR INABILITY TO USE THIS WEBSITE, APP OR THE SERVICE, (II) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS,
MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY
OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE
OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA
THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY
HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR APP, (V) ANY ERRORS OR
OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY
KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, APP, OR SERVICE, (VI)
STATEMENT OF CONDUCT, PRODUCT, OR ABILITY OF ANY THIRD-PARTY ON THE SERVICES,
OR VII) ANY OTHER MATTER RELATING TO THE SERVICES. THESE LIMITATIONS SHALL
APPLY EVEN IF HUNGRYFOOD.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HUNGRYFOOD.COM’
LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL
TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS
YOU HAVE PAID HUNGRYFOOD.COM IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING
LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
16. INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD HUNGRYFOOD.COM
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS
FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND
EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH
ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH
THE SERVICE, ANY INTERACTIONS OR TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY
RESTAURANT OR INDEPENDENT COURIER CONTRACTORS THAT PROVIDES SERVICES THROUGH
THE HUNGRYFOOD.COM SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE,
THE RIGHTS OF ANY THIRD PARTY, OR ANY APPLICABLE LAW OR REGULATION.
17. Force Majeure. We will not be liable or
responsible for any failure to perform, or delay in performance of, any of our
obligations under these Website Terms that is caused by events outside our
reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event,
non-occurrence, omission or accident beyond our reasonable control and includes
in particular (without limitation) the following:
o strikes, lock-outs or other industrial action;
o civil commotion, riot, invasion, terrorist
attack or threat of terrorist attack, war (whether declared or not) or threat
or preparation for war;
o fire, explosion, storm, flood, earthquake,
subsidence, epidemic or other natural disaster;
o impossibility of the use of railways,
shipping, aircraft, motor transport or other means of public or private
transport;
o impossibility of the use of public or private
telecommunications networks; and
o the acts, decrees, legislation, regulations or
restrictions of any government.
Our performance under these Website Terms is deemed to be
suspended for the period that any Force Majeure Event continues, and we will
have an extension of time for performance for the duration of that period. We
will use our reasonable endeavours to find a solution by which our obligations
under these Website Terms may be performed despite the Force Majeure Event.
18.
Termination
Hungryfood.com may, under certain circumstances and without
prior notice, immediately terminate Your ability to access the Website or App
or portions thereof. Cause for such termination shall include, but not be
limited to, (a) breaches or violations of these Terms of Use or any other
agreement that You may have with Hungryfood.com (including, without limitation,
non-payment of any fees owed in connection with the website or otherwise owed
by You to Hungryfood.com), (b) requests by law enforcement or other government
agencies, (c) a request by You, (d) discontinuance or material modification to
the website (or any part thereof), (e) unexpected technical, security or legal
issues or problems, and/or (f) participation by You, directly or indirectly, in
fraudulent or illegal activities. Termination of Your access to the Website or
App may also include removal of some or all of the materials uploaded by You.
You acknowledge and agree that all terminations may be made by Hungryfood.com
in its sole discretion and that Hungryfood.com shall not be liable to You or
any third-party for any termination of Your access to the Website or App or for
the removal of any of the materials uploaded by You to the Website. Any
termination of these Terms of Use by Hungryfood.com shall be in addition to any
and all other rights and remedies that Hungryfood.com may have.
19.
Availability & Updates
Hungryfood.com may alter, suspend, or discontinue the Website,
App and/or Service at any time and for any reason or no reason, without notice.
The Website, App and/or Service may be unavailable from time to time due to
maintenance or malfunction of computer or network equipment or other reasons. Hungryfood.com
may periodically add or update the information and materials on this Website
without notice.
While we try to ensure the Website and App is normally available twenty four
(24) hours a day, we do not undertake any obligation to do so, and we will not
be liable to you if the Website is unavailable at any time or for any period.
20.
Security
Information sent or received over the Internet is generally
unsecure and Hungryfood.com cannot and does not make any representation or
warranty concerning security of any communication to or from the Website or any
representation or warranty regarding the interception by third parties of
personal or other information. You are responsible for safeguarding the
password that you use to access the Service and you are responsible for any
activities or actions under your password. You agree to keep your password
secure. Hungryfood.com will not be liable for any loss or damage arising from
your failure to comply with these requirements.
21.
General
These Terms of Use, together with any privacy policy that may be
published on the Website, constitutes the entire agreement between the parties
relating to the Website and Service and all related activities. These Terms of
Use shall not be modified except in writing signed by both parties or by a new
posting of these Terms of Use issued by Hungryfood.com. If any part of these
Terms of Use is held to be unlawful, void, or unenforceable, that part shall be
deemed severed and shall not affect the validity and enforceability of the
remaining provisions. The failure of Hungryfood.com to exercise or enforce any
right or provision under these Terms of Use shall not constitute a waiver of
such right or provision. Any waiver of any right or provision by Hungryfood.com
must be in writing and shall only apply to the specific instance identified in
such writing. You may not assign the Terms of Use, or any rights or licenses
granted hereunder, whether voluntarily, by operation of law, or otherwise
without Hungryfood.com’ prior written consent. We may assign these Terms of Use
without restriction. The Terms of Use shall be governed by the laws of the
state of Nebraska without regard to choice of law principles.
If you have any questions about these Terms or if you wish to make any
complaint or claim with respect to the Website, App or Service, please contact
us at: service@nobleidea.com
22.
Reviews
When a review is published it will be identified by the given
name you entered when creating your account; no other potentially identifying
personal information will be attributed to that post. By providing a review you
acknowledge and consent to us using your given name in association with the
review. All interactions on this site are governed by our Privacy Policy and
Terms of Service. All reviews that we receive are moderated before we publish
them. We do this to make sure that reviews don't contain bad language, personal
details people have entered by accident, or irrelevant comments.