Terms and Conditions ("Terms")

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the foodies.ng website operated by us

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Content

Our services offers a one-off payment subscription. If in the same month, you wish to purchase another package, purchase can still be made within that month. All you need to do is select a basket that best suit your needs and budget, make a payment using the bank transfer methods and then wait for your package to be delivered to you!

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, a current photograph(passport) your billing address, email address and/or account details. The User shall immediately change data for accessing to the Resource, if he/she has a suspicion that his/her email address and password used for entering to the Resource were disclosed or probably used by the third parties.

Eligibility

Through signing up via our website, you confirm: You are legally entering into binding contracts. (Must be over 18) and that you are a citizen of the Federal Republic of Nigeria.

Remuneration Scheme.

If a product is not of sufficient quality from us and is rejected by you: You must take a picture of that item and send to hello@foodies.ng.

Products which are not considered of quality to you: If all or part of a product (foodies box) is faulty, we will refund or reimburse you for a future purchase amount equal to the defective item's value.

Such refunds will be processed to hello@foodies.ng within 7 days of your response. Refunds are issued to the same credit card or debit card used on the account.

Risk and Title

Perishable items may be included and we suggest that you refrigerate or freeze certain perishable items immediately to maintain the integrity of the goods after delivery.

Web Sites (Adverts, Pop ups and Surveys)

Our Service may contain links to third-party web sites or services that are not owned or controlled by Foodies.ng

Prices and payments.

Foodies.ng provides the subscription to Bronze, Silver, Gold, Diamond and Platinum Box. Our Site quotes all sizes and prices. If there are any changes we will notify you via email. We reserve the right to change the prices.

Cash, Transfer, Debit or Credit Card will be used for payments for all Products and Services. We accept all Visa, MasterCard and Verve payments.

Charges

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 (Thirty) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Intellectual property rights

6.1 Any use of the Resource or any content on the Resource, except that permitted by these Terms and Conditions or in the event of express right holder’s consent to such use, without the prior written consent of a right holder is strictly prohibited.

6.2 Responsibility for violation of exclusive rights. The User shall be solely responsible for any content or other information, which he/she downloads or in any other way make publicly available (posts) on the Resource, or by its means. The User shall not download, distribute or post content to the Resource if he/she is not properly entitled to such activity. In case of infringement of rights being detected, the rules of filing of notification on the infringement of rights stipulated herein shall be used.

6.3 The Administrator may, but not shall, review the Resource for a presence of any prohibited content and may delete or displace (without notice) any content at its discretion, for any reason or without it, including but not limited to deletion or displacement of content which violates these Terms and Conditions, laws and/or may infringe rights, inflict damages or endanger safety of other Users or the third parties.

7 Customer rights.

7.1 If you are under contract as a customer there is no termination fee and you can cancel your subscription at any time before the expiration of your order. You are NOT entitled to a refund if you cancel your delivery or subscription.

7.2 You can send us an email to hello@foodies.ng to deactivate your account or to cancel your subscription by notifying us that you wish to cancel your account.

8 Third party rights

• He/she undertakes full responsibility for obtaining all necessary permits in relation to any User Content, which he/she represents, downloads, or displays;

• any User content represented, downloaded or displayed by him/her does not infringe any copyrights, patents, rights for trademarks, firm names, commercial secrets or any other personal or proprietary rights of any third party ("Third party rights"); and

• He/she is entitled and authorized for sale, trade, distribution or export, or for an offer for sale, trade, distribution or export of products and services described in User content, and such sale, trade, distribution or export, or offer does not infringe any Third party rights.

9. Limitation of liability

ALL SERVICES RENDERED BY THE ADMINISTRATOR ARE RENDERED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND THE ADMINISTRATOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY GUARANTIES REGARDING CONDITION, QUALITY, LIFE DURATION, PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUE AND SUITABILITY FOR SPECIFIC PURPOSES. ALL SUCH WARRANTIES AND LIABILITIES ARE HEREBY EXCLUDED.

THE ADMINISTRATOR MAKES NO WARRANTIES CONCERNING AUTHENTICITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENCY OF ANY INFORMATION PROVIDED BY MEANS OF THE RESOURCE; THE ADMINISTRATOR MAKES NO WARRANTIES CONCERNING THAT MANUFACTURING, IMPORT, EXPORT, OFFER, DISPLAYING, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES, WHICH ARE OFFERED OR DISPLAYED ON THE RESOURCE DO NOT INFRINGE ANY THIRD PARTIES’ RIGHTS; AND THE ADMINISTRATOR MAKES NO WARRANTIES OR REPRESENTATIONS OF WHATSOEVER NATURE CONCERNING ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED ON THE RESOURCE.

Any data downloaded or in any other way acquired by means of the Resource are created at each User’s discretion, and each User shall be fully responsible for any damages inflicted to the computer system or loss of data, which may arise as a result of downloading of any such data.

The Administrator and affiliated parties shall bear no responsibility for materials posted by the Users, as well as for goods and services offered by the User for trade. The Administrator disclaims all warranties regarding that quality of goods and services acquired by means of the Resource will be consistent with a buyer’s expectations and/or demands. The Administrator makes no warranties about that goods, services or information ordered by means of the Resource will be provided by the Resource User in accordance with a buyer’s expectations.

Indemnity

Each User agrees to be obliged to indemnify the Administrator, affiliated parties, directors, officials and employees from any and all losses, claims, liabilities (as well as from legal costs to the fullest extent), which may arise following Users’ use of the Resource, as a result of violation of any condition of the Terms and Conditions, or violation of representations and warranties made by him/her towards the Administrator.

Each User hereby agrees to indemnify the Administrator, affiliated parties, directors, officials and employees from any and all losses, claims, liabilities, which may arise, whether directly or indirectly, as a result of any claims, made by holders/claimants of the Third parties or other parties’ rights, related to the goods and services offered or displayed on the Resource. Each User hereby acknowledges that the Administrator shall have no liabilities or responsibilities against you with regard to any data posted by any other persons, as well as those discreditable or illegal, and risk of losses related to such data remains entirely with each User.

The Administrator shall not be responsible for any expressed or implicit, penalty, accidental or consequential losses or damage of whatsoever nature (including, but not limited to, losses related to loss of profit or saving, termination of business, loss of information, loss of benefit), incurred as a result of transactions, negligence, delinquency, or in any other way, or any other losses related to the following actions:

- Use or impossibility of use of the Resource;

- in case of any defects of goods, patterns, data, information or services purchased of otherwise acquired from the User or by any other party by means of the Resource;

- infringement of the third-party's rights or claims, or requirements for production, import, export, distribution, offer, display, acquisition, sale and/or use of User’s products or services, offered or displayed on the Resource, which may infringe or may be purported as infringing the third parties’ rights; or a claim of any party related to rights protection;

- unauthorized third parties’ access to any User’s data or personal information;

- applications or actions of any Resource User; or

- other actions related to use of Resource and arising by negligence, as well.

Enforcement

The Administrator reserves a right to delete or block access to information posted by User without notice in the event of:

- receiving of mandatory judgments of competent public authorities;

- claim of a holder of intellectual property rights to terminate infringement of his/her rights by a user on the Resource; other infringements of rights or legal interests of other Resource Users, of legal entities or individuals upon their reasonable appeal;

- detecting information, which posting to the Resource is prohibited under these Rules.

The Administrator shall be entitled to block access to the information posted by users to the Resource at its sole discretion having provided a user with relevant substantiation.

Users and organizations interaction

The Administrator disclaims any responsibility for User’s interaction with any organizations and/or persons in the course of using of the Resource. This includes, but not limited to, payments for and delivery of goods and services, as well as any other interaction in relation to other organizations and/or individuals. Transactions are concluded only between Users and such organizations and/or individuals. The Administrator disclaims responsibility for such interactions or other losses incurred following such relations or interactions. If any dispute arises between you and one or several other users, you shall indemnify the Administrator, its officials, employees, agents and successors from any and all claims, requirements and losses (whether direct or indirect) of whatsoever kind or nature, which arise or relate to such disputes and /or goods and services.

Mandatory Arbitration.

Please read this Section carefully. YOU AND ADMINISTRATOR, AND EACH OF OUR RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS TERMS AND CONDITIONS OR THE SERVICE, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.

Commencing Arbitration. A party intending to seek arbitration must first send to the other, by an international courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Administrator, via any other method available to Administrator, including via e-mail. The Notice to Administrator must be addressed to FOODIES.NG plot 35, block 112 Adebisi Oguniyi Street Lekki Lagos., Attn: Chief Executive Officer (the "Arbitration Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the "Demand"). If you and Administrator do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or Administrator may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THIS TERMS AND CONDITIONS. The Rules and AAA forms are available online at http://www.adr.org. If you are required to pay a filing fee to commence an arbitration against Administrator, then Administrator will promptly reimburse you for your confirmed payment of the filing fee upon Administrator's receipt of a Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.

Arbitration Proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business in Alexandria, Virginia will be appointed pursuant to the Rules, as modified herein. You and Administrator agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.

No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND ADMINISTRATOR AGREE THAT YOU AND ADMINISTRATOR MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.

The decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of California in conducting the arbitration. You acknowledge that these terms and your use of the Service evidence a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to this Section 11.

Equitable Relief. The foregoing provisions of this Section 11 do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. For the avoidance of doubt, however, you acknowledge that, in the event Administrator or a third party breaches this Terms and Conditions, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Administrator, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Terms and Conditions.

Claims. You and Administrator agree that notwithstanding any other rights a party may have under law or equity, any cause of action arising out of or related to this Terms and Conditions or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Improperly Filed Claims. All claims you bring against Administrator must be resolved in accordance with this Section. All claims filed or brought contrary to this Section will be considered improperly filed. Should you file a claim contrary to this Section, Administrator may recover attorneys' fees and reimbursement of its costs provided that Administrator has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Modifications. In the event that Administrator makes any future change to the "Mandatory Arbitration" paragraph set forth above (other than a change to Administrator's Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to Administrator's Arbitration Notice Address, in which case your account with Administrator and your license to use the Service will terminate immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of this Terms and Conditions.

Miscellanies

Except as otherwise provided, if any provision of this Terms and Conditions is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this Terms and Conditions, and in such event, we will post a notice on foodies.ng

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Terms and Conditions.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Resource.

Last updated: [02/March/2020]