Terms and Condition
The given terms should be read thoroughly before use of FoodYoYo Website. Becoming a member on our website should be taken as your consent to agreeing to our terms of use. FOODYOYO and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if FOODYOYO believes that customer conduct violates applicable law, disrupts our normal business activities, or is harmful to the interests of FOODYOYO and its affiliates.
General
FoodYoYo.com is owned and operated by FooDYoYo, a California based C corp. The company has exclusive rights to modify, add, or delete contents including hours of operations of the website at any time. The Foodyoyo.com merchant network is solely a facilitator of communications between its merchant members and users. Foodyoyo.com uses thirty party products to transmit orders electronically. We do not take responsibility of transmission/ confirmation of orders to any of affiliate members. Foodyoyo.com does not take any responsibility for quality and of goods and/or services rendered by its affiliate members. All questions regarding products or merchant services featured on Foodyoyo.com should be directed to the appropriate merchant.
Product and Pricing
The information regarding pricing, availability and product specification are provided to us by affiliate members. FoodYoYo is not responsible for variations in the price indicated on the website due to price revision or any other reason. Foodyoyo.com will make efforts to synchronize website with updates provided by affiliate members in a reasonable time frame. In all circumstances, prices provided at checkout from the website will prevail. You are advised to check with affiliate members on product specification of goods and FoodYoYo is never aware of the recipes or the ingredients that go into the making of products ordered. You are advised to satisfy yourself and check with affiliate members about the ingredients etc if desired due to any reason. Though every effort is made to ensure accuracy in posting pricing information, product specifications, availabilities and other discrepancies do occur.
While Foodyoyo.com has undertaken to confirm the accuracy of the information contained on this site, mistakes can be made, due both to inaccurate reporting of accurate information and accurately reporting inaccurate information. Foodyoyo.com does not make any representations as to the timeliness, accuracy, reliability or completeness of any of the information contained on this site or on those sites to which Foodyoyo.com offers links. Of course, if you become aware that our site contains inaccurate information, please let us know by contacting us.
Restrictions on Use
Children: You may not use the FOODYOYO Web site if you are under thirteen (13) years of age.
A) The site contains copyrighted material, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of this site, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of FooDYoYo and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
B) Trademarks. Foodyoyo.com and the FOODYOYO Logo are registered trademarks (pending approval) of FOODYOYO, in the United States and other countries. The trademarks and logos of vendors appearing on this site are trademarks of vendors. All other trademarks appearing on the site are the property of their respective owners. FOODYOYO 's trademarks may not be used in connection with any product or service that is not FOODYOYO's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits FOODYOYO.
C) The foregoing provisions are for the benefit of Foodyoyo.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. Foodyoyo.com grants you a limited license to access and to make strictly personal use of this site, and any unauthorized use terminates all permission or license granted by Foodyoyo.com.
D) You are not authorized to use data mining, robots, or any other data gathering or extraction tools. You are not authorized to download or copy any account information for the benefit of any merchant. You are not authorized to download (other than page caching), copy or modify any material on this site. You are not authorized to resell or make any commercial use of this site or any of the contents of this site, including any collection or use of any product listings, descriptions, or prices. You are not authorized to make any derivative use of this site or its contents. No portion of this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Foodyoyo.com and our affiliates. You may not use any meta tags or any other "hidden text" utilizing Foodyoyo.com's name or trademarks.
E) You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Foodyoyo.com (www.foodyoyo.com) so long as the link does not portray Foodyoyo.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Foodyoyo.com logo or other proprietary graphic or trademark as part of the link.
Disclaimer of Warranty; Limitation of Liability.
DISCLAIMER OF WARRANTIES.YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FooDYoYo EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. FOODYOYO MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. FOODYOYO DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND FOODYOYO MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORTS AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE SITES OR THE SERVICES IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOODYOYO OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FOODYOYO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, OR PRODUCTS ACQUIRED THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. PRICING ON THIS SITE MAY BE SUBJECT TO CHANGE WITHOUT NOTICE.
FOODYOYO disclaims any and all liability for the acts, omissions, conduct of any third-party users, FOODYOYO users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site. FOODYOYO is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to FOODYOYO at contactus@FOODYOYO.com. FOODYOYO may investigate the claim and take appropriate action, at its sole discretion.
LIMITATION OF LIABILITY:YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL FOODYOYO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. THE AGGREGATE LIABILITY OF FOODYOYO TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITES OR THE SERVICES IS LIMITED (actual loss) or TO ONE HUNDRED DOLLARS ($100) whichever is less. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
Risk of Loss
Should there be delivery arrangements between the affiliates and the users of the website and errors in delivery arise, it would be between affiliates and website users to sort out.
Email Policy
By registering or placing an order through us, you are consenting to receive e-mails from us regarding your registration or your order. Occassionally, we will send you offers and promotions at the email address you provided. Additionally, we may share your e-mail address with the local restaurant(s) from which you order.
Privacy
As part of the registration process, you will be asked to provide certain personal information to us, such as your name, contact information, and credit card number. FOODYOYO has an unrestricted right to collect and use any personal information you provide in connection with the Services, provided that any such use shall be in accordance with our Privacy Policy available at www.FOODYOYO.com, which is hereby incorporated by reference. If you use the Sites and/or the Services, you are accepting the terms and conditions of our Privacy Policy. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Sites and/or the Services.
Third Party Content
Foodyoyo.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized Foodyoyo.com employee spokespersons while acting in their official capacities.
Changed Terms
Foodyoyo.com has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
Applicable Law
These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The Agreement constitutes the entire, exclusive and final statement of the agreement between you and FOODYOYO with respect to the subject matter herein, superseding any prior agreements or negotiations between you and FOODYOYO with respect to the Services.
