Terms of Use
1. These Terms of Use (“Terms of Use”) govern your use of our website www.foodiecity.site (“Website”) and the foodiecity mobile and handheld application (“App”). The Website and App are collectively referred to as the “Platform”. Please read these Terms of Use carefully before using the Services. If you do not agree to these Terms of Use, you may not use the Services on the Platform, and we request that you uninstall the App. By installing, downloading or otherwise simply using the Platform, you are contracting with foodiecity and agreeing to the Terms of Use and other foodie policies (including but not limited to the Cancellation and Refund Policy, Privacy Policy and Takedown Policy) as published on the Platform from time to time, effective from the date you download, install or use the Services, and creating a legally binding arrangement to comply with them.
1. The Platform is operated and owned by OTM General Trading and Marketing Company, a company incorporated and registered under Egyptian law and having its own office in Cairo for the purpose of these Terms of Use, wherever the context so requires, “you” means any natural or legal person who has agreed to become a buyer or customer on the Platform by submitting registration data while registering on the Platform as a registered user using any computer systems. The terms “foodie” or “we” or “us” or “our” refer to OTM Trading and Services LLC
II. foodiecity enables transactions between participating restaurants/merchants and buyers, dealing in ready-to-eat food and beverages, etc., (“Platform Services”). Buyers (“Buyers”) can select and place orders (“Orders”) from a variety of products listed and offered for sale by different merchants in the neighborhood including but not limited to restaurants and food shops (“Merchant/Merchants”), on the Platform and foodiecity enables delivery of these orders in selected locations of the cities that can be served throughout Egypt (“Delivery Services”). The Platform Services and Delivery Services are collectively referred to as the “Services”.
IV. Amendments
These Terms of Use are subject to amendment at any time. We reserve the right to amend or change these Terms of Use and other foodiecity policies at any time by posting changes on the Platform, and you will be responsible for updating yourself of such changes, if any, by accessing the changes on the Platform. You will be responsible at all times for regularly reviewing the Terms of Use and other foodiecity policies and notifying yourself of changes made to the Platform. Your continued use of the Services after the posting of any change constitutes your acceptance of the amended Terms of Use and other foodiecity policies. As long as you comply with these Terms of Use, foodiecity grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and policies of foodiecity (including but not limited to the Cancellation and Refund Policy, Privacy Policy, and Notice and Takedown Policy) as may be posted on the Platform from time to time.
5. Platform and Services
1. All commercial/contractual terms are offered and agreed upon between the Buyers and Merchants alone. Commercial/contractual terms include but are not limited to price, taxes, shipping costs, payment methods, payment terms, date, period, delivery method, warranties relating to the Products and Services and after-sales services relating to the Products and Services. foodiecity has no control over, determines, advises, or is in any way involved in the offer or acceptance of such commercial/contractual terms between Buyers and Merchants. However, foodiecity may provide support services to Merchants in relation to order fulfillment, payment collection, call center and other services, under separate contracts entered into with Merchants.
2. foodiecity makes no representation or warranty regarding the product specifications (such as legal ownership, creditworthiness, identity, etc.) of any Merchants. You are advised to independently verify the good faith of any particular Merchant you choose to deal with on the Platform and to use your best judgment in this regard. All Merchants’ and third party offers are subject to the terms and conditions of the respective parties. foodiecity assumes no liability for such offers.
3. Foodiecity makes no representation or warranty as to the particulars (such as quality, value, merchantability, etc.) of the products or services offered for sale, offered for sale or purchased on the Platform, and does not implicitly or explicitly endorse or support the sale or purchase of any products or services on the Platform. Foodiecity shall not be liable for any errors or omissions, whether on its own behalf or on behalf of third parties.
4. Foodiecity shall not be liable for any failure to perform or breach of any contract entered into between buyers and merchants on the Platform. Foodiecity cannot and does not guarantee that the buyers and/or merchants concerned will carry out any transaction entered into on the Platform. Foodiecity shall not be liable for unsatisfactory or unperformed services, damages or delays resulting from unavailability, out-of-stock, unavailability or late ordering of products.
5. Foodiecity operates an online marketplace and acts as an intermediary, and does not at any time enter into any transaction between a buyer and a merchant on the Platform or take possession of any of the products or services offered by the merchant. Foodie does not at any time have any right, title or interest in the Products and does not assume any obligations or liabilities in relation to this contract between the Buyer and the Merchant.
6. Foodiecity provides a platform for communication only and it is agreed that the contract for the sale of any Products or Services shall be entirely bilateral between the Merchant and the Buyer. In the event of any complaints from the Buyer regarding the effectiveness, quality or other such issues, foodiecity shall notify the Merchant and redirect the Buyer to the Merchant’s Consumer Contact Centre. The Merchant shall be responsible for handling the Buyer’s complaints. In the event that you make any complaint regarding any Merchant accessed using our Platform, we will assist you to the best of our ability by providing you with relevant information, such as details of the Merchant and the specific order to which the complaint relates, to enable a satisfactory resolution of the complaint.
7. Please note that there may be risks in dealing with underage persons or persons acting under false pretenses.
8. FoodieCity- Use of the Site and Applications (Android and iOS)
You agree, undertake and confirm that your use of the Platform will be strictly subject to the following binding principles:
i. You shall not host, display, upload, download, modify, publish, transmit, update or share any information that:
a. belongs to another person and you do not have any right to it;
b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, slanderous, criminally inciting, invasive of another's privacy, hateful, racist, ethnically objectionable, offensive, related to or encouraging money laundering or gambling or otherwise illegal; or is unlawful threatening or unlawful harassment including but not limited to "inappropriate representation of women"
c. Is misleading or false in any way;
d. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, child sexual abuse, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
e. harasses or advocates harassment of another person;
f. involves the transmission of “spam,” “chain letters,” unsolicited mass mailing, or “spamming”;
g. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous; h. violates or infringes the rights of any third party [including, without limitation, intellectual property rights, rights of privacy (including, without limitation, the unauthorized disclosure of a person’s name, email address, physical address, or telephone number) or rights of publicity];
i. Promote an illegal or unauthorized copy of someone else's copyrighted work (see "Copyright Complaint" below for instructions on how to file a complaint about uploaded copyrighted material), such as providing pirated computer software or links to it, providing information to circumvent manufacturer-installed copy protection devices, or providing pirated music or links to pirated music files
c. Contains restricted or password-only pages, or hidden pages or images (not linked to or from another accessible page);
k. Provides material that exploits people in a sexual, violent, or inappropriate manner or solicits personal information from anyone;
l. Provides instructional information about illegal activities such as making or purchasing illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
m. Contains videos, photographs, or images of another person (with a minor or an adult);
n. Attempts to gain unauthorized access or exceeds the scope of authorized access to the Platform, profiles, blogs, communities, account information, posts, friend requests, or other areas of the Platform, or solicits passwords or personal identification information for commercial or illegal purposes from other users;
s. Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, pyramid schemes, or the purchase or sale of products related to the Platform. Throughout these Terms of Use, prior written consent from foodiecity means communication from the legal department of foodiecity, specifically in response to your request, and expressly addresses and permits the activity or conduct for which you seek authorization;
p. solicits gambling or engages in any gambling activity that is or could be construed as illegal;
s. interferes with another user’s use and enjoyment of the Platform or any third party’s use and enjoyment of similar services;
p. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains prohibited content or violates the letter or spirit of these Terms of Use;
s. harms minors in any way;
c. infringes any patent, trademark, copyright or other intellectual property right or trade secret of a third party or rights of publicity or privacy or is fraudulent or involves the sale of counterfeit or stolen products;
u. violates any law currently in force;
e. deceives or misleads the addressee/users about the origin of such messages or transmits any information that is grossly offensive or threatening in nature;
f. impersonates another person;
s. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, degrade, intercept or surreptitiously expropriate any system, data or personal information;
j. threatens the unity, integrity, defense, security or sovereignty of Egypt, friendly relations with foreign countries or public order, or causes incitement to the commission of any criminal offense or prevents the investigation of any crime or is offensive to any other country;
g. is false, inaccurate or misleading;
a. Offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any way by the provisions of any law, rule, regulation or guideline for the time being in force; or
bb. creates liability for us or causes us to lose (in whole or in part) the services of our Internet Service Provider or other suppliers.
ii. You may not use any “deep link”, “page scrape”, “robot”, “spider” or other automated device, software, algorithm or methodology or any similar or equivalent manual process to access, obtain, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not intentionally made available through the Platform. We reserve the right to prohibit any such activity.
iii. You may not attempt to gain unauthorized access to any part or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network or any of the Services provided on or through the Platform, by hacking, "password mining" or any other illegitimate means.
Fourth. You may not scan, examine or test the vulnerabilities of the Platform or any network connected to the Platform or breach the security or authentication measures of the Platform or any network connected to the Platform. You may not reverse search, trace or attempt to trace any information about any other user or visitor to the Platform or any other purchaser, including any account on the Platform that you do not own, to its source, or exploit the Platform or any service or information available or offered by or through the Platform, in any way that is intended to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for in the Platform.
v. You may not make any negative, derogatory or defamatory statements or comments about us or the brand name or domain name we use including the name “Rafeeq”, or engage in any conduct or action that may tarnish the image or reputation of Rafeeq or the merchant on the Platform or tarnish or dilute any Rafeeq trademarks or service marks or the trade name and/or goodwill associated with such trademarks or service marks, which we may own or use. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or foodie’s systems or networks or any connected systems or networks.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmission you send to us on or through the Platform or any Service provided on or through the Platform. You may not pretend to be or represent someone else, or impersonate any other individual or entity.
8. You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit any illegal activity or any other activity that infringes the rights of foodie and/or others.
ix. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, (b) all applicable local laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations); and (c) international and foreign exchange laws, statutes, rules and regulations (including, without limitation, sales tax, income tax, service tax, customs duties and local fees) in connection with your use of our Service and your listing, purchase, solicitation of offers to purchase and sale of products or services. You may not enter into any transaction in an item or service that is prohibited by the provisions of any applicable law including the exchange control laws or regulations for the time being in force.
x. In order to allow us to use the information you provide, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, in relation to your information. We will only use your information in accordance with these Terms of Use and the Privacy Policy applicable to your use of the Platform.
xi. From time to time, you will be responsible for providing information regarding products or services that you propose to sell. In this regard, you warrant that all such information is accurate in all respects. You may not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any way.
xii. You may not engage in advertising or solicitation of other users of the Platform to buy or sell any products or services, including but not limited to products or services related to what is offered on the Platform or to us. You may not send any chain letters or unsolicited commercial or unsolicited email to other users through the Platform. It is a violation of these Terms of Use to use any information obtained from the Platform for the purpose of harassing, abusing or harming another person, or for the purpose of contacting, advertising to, soliciting or selling to someone other than us without our express prior consent. In order to protect our users from such advertising or solicitation, we reserve the right to limit the number of messages or emails that a user may send to other users in any 24-hour period as we deem appropriate in our sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any valid law, regulation or governmental request. This may include, without limitation, disclosing information in connection with an investigation of alleged illegal activity or incitement to illegal activity or in response to a lawful order or subpoena from a court. Additionally, we may (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of potential crimes, particularly those that may involve personal injury.
xiii. We reserve the right, but have no obligation, to monitor material posted to the Platform. foodiecity may remove or edit any content that, in its sole discretion, violates, or is alleged to violate, any applicable law or the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the material you post on the Platform and in your private messages. Please be aware that such posted content does not necessarily reflect the views of foodiecity. In no event will foodiecity assume or be liable for any Content posted or for any claims, damages or losses arising from the use of the Content and/or the appearance of the Content on the Platform. You hereby represent and warrant that you have all necessary rights in all Content you submit and all information contained therein and that such Content will not infringe any proprietary or other rights of third parties or contain any defamatory, harmful or unlawful information.
xiv. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment for and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We will not be liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
xv. It is possible that other users (including unauthorized users or “hackers”) may post or send offensive or obscene material on the Platform and that you may be involuntarily exposed to such offensive and obscene material. It is also possible that others may obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or harm you. We do not consent to such unauthorized uses, but by using the Platform you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
xvi. foodiecity has the right to take necessary action and claim damages that may occur due to your involvement/participation in any way, individually or through a group/groups of persons, intentionally or unintentionally, in denial of service/distributed denial of service attacks, hacking, and pen testing attempts without our prior consent or mutual legal agreement.
VI. Registering an Account or Using the Platform
1. You may access the Platform by registering to create an account (“foodie Account”) and becoming a member (“Membership”); Membership is limited in purpose and subject to the Terms, and is strictly non-transferable.
2. We will create your foodiecity Account for your use of the Platform Services based on the personal information you provide to us as described above. You may only have one foodiecity Account and you are not permitted to create multiple Accounts. If we discover that you have multiple Accounts, foodiecity reserves the right to suspend such multiple Accounts without liability for any compensation.
3. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
4. We reserve the right to suspend or terminate your foodiecity Account and your access to the Services (a) if any information provided during or after the registration process is found to be inaccurate, out of date or incomplete; (b) if we believe that your actions may give rise to legal liability for you, other users or us; and/or (c) if you are found to be in non-compliance with the Terms of Use.
5. You are responsible for protecting your password. You agree that you will not disclose your password to any third party and that you will be fully responsible for any activities or actions under your foodiecity account, whether or not you have authorized such activities or actions. You will notify us immediately of any unauthorized use of your foodiecity account.
6. The goods and services purchased from the Platform are for your personal use and you acknowledge that they are not for resale or that you are not acting as an agent for any third party.
VII. Bookings and Financial Terms
1. The Platform allows you to place order bookings and we will, subject to the terms and conditions set out herein, enable the delivery of such order to you.
2. The foodiecity Platform does not own, sell, resell or control the merchants or related services provided in connection therewith. You understand that any order you place is subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability and delivery location service availability.
3. As a general rule, all orders placed on the Platform are treated as confirmed.
4. However, upon successful completion of your order booking, we may contact you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be asked to share certain information with us, including but not limited to (a) your first and last name; (b) your mobile phone number; and (c) your email address. It is your sole responsibility to bring any incorrect details to our attention.
5. In addition to the above, we may also contact you by phone and/or email to inform you and confirm any change in the order, due to availability or unavailability or change in the price of the order as communicated by the merchant. Please note that any change or confirmation of the order will be treated as final. It is clarified that foodiecity reserves the right not to process your order in the event that you are not available on the phone at the time we contact you to confirm the order and in such event, the provisions of the Cancellation and Refund Policy below shall apply.
6. All payments made for purchases/services on the Platform shall be in Egyptian Pounds accepted in the State of Egypt The Platform will not facilitate transactions in respect of any other form of currency in respect of purchases made on the Platform. You may pay by (a) Credit Card, Debit Card, Online Banking or Cash at the time of delivery. You understand, accept and agree that the payment facility provided by foodiecity is not a banking or financial service but merely an intermediary providing automated online electronic payment, cash on delivery, collection and remittance facility for transactions on the Platform using the existing approved banking infrastructure and credit card payment gateway networks. Further, by providing the payment facility, foodiecity is not acting as a trustee nor is it acting in a fiduciary capacity with respect to the transaction or the transaction price.
7. You acknowledge and agree that we act as a payment agent for the merchant for the limited purpose of accepting payments from you on behalf of the merchant. Once you pay the amounts due to the merchant to us, your obligation to pay the merchant for such amounts is complete and we are responsible for remitting such amounts to the merchant. You shall not, under any circumstances, make any direct payment to the merchant for order bookings made using the Platform.
8. You agree to pay us the total amount of the order you have placed on the Platform. We will collect the total amount in accordance with the terms and conditions contained in these Terms of Use and the pricing terms set out in the applicable menu list of the particular merchant. Please note that we cannot control any amount that may be charged to you by your bank in connection with our collection of the total amount, and we disclaim any liability in this regard.
9. In connection with your order, you will be required to provide customary billing information such as name, billing address and credit card information either to us or to a third party payment processor. You agree to pay for the order you place on the Platform, in accordance with these Terms, using the methods set out in Clause VII (6) above. You hereby authorize the collection of such amounts by debiting the credit card provided as part of the booking request, either directly by us or indirectly, through a third party online payment processor or through one of the payment methods set out on the Platform. If you are directed to a third party payment processor, you may be subject to the terms and conditions governing the use of that third party’s service and the personal information collection practices of that third party. Please review these terms and conditions and the Privacy Policy before using the Platform Services. Once a confirmed booking transaction is completed, you will receive a confirmation email summarizing your confirmed booking.
10. The Merchant shall issue the final tax invoice to the Buyer along with the order and Foodiecity shall collect the payment on behalf of such Merchant. All applicable taxes and duties, their rates and the manner of application of such taxes on the invoice shall be levied and determined by the Merchant. Foodiecity shall not be liable for the legal validity/validity of such taxes. The sole responsibility for any legal issue arising out of taxes shall lie with the Merchant.
11. The prices shown on the Platform are determined by the Merchant solely and are listed based on the Merchant’s information. Very rarely, prices may change at the time of placing an order due to the Merchant changing the menu price without proper notice and such change in price shall be at the sole discretion of the Merchant due to various factors beyond its control.
Disclaimer: The prices of any Product(s) may be incorrectly reflected on the Platform due to some technical issues, typographical errors or product information provided by the Merchant in which case the Merchant may cancel your order(s).
12. The Merchant shall be solely responsible for any warranty/guarantee of the Food Products sold to the Buyers and foodiecity shall not be liable in any way.
13. The transaction is bilateral between the merchant and the buyer and therefore, foodiecity is not responsible for collecting or depositing any applicable taxes on this transaction.