Terms of use

These Terms of Use ("Terms") govern your use of the websites and mobile applications provided by Foodies (or referred to as "Foodies") (collectively the "Platforms"). Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platforms or available by hyperlink. If you do not agree or fall within the Terms, please do not use the Platforms. The Platforms may be used by:

1. Individuals who have attained the age majority of 18 years of age,
2. Corporate Legal Entities, i.e: Companies.

Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately. 

Foodies reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.

1. Foodies

   1. Who we are
      Foodies is a multi-vendor food delivery platform in the Maldives.
   2. What we do
      Through our Platforms, Foodies links you to the vendors ("Vendors") for you to order a variety of goods including prepared meals, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as "Goods") to be delivered to you. When you place an order for Goods from our Vendors ("Order"), Foodies acts as an agent on behalf of that Vendor to facilitate, process and conclude the order and subsequently for either us or the Vendor to deliver your Order to you. Vendors may be owned and operated by third party vendors, our affiliate companies, or us.
   3. How to contact us
      For customer support, you may reach out to us via email or through our social media platforms.

2. Use of the platforms and foodies account

   1. You will need to register for a Foodies Account for you to use the Platform. When you register for a Foodies Account we will ask you to provide your personal information including a mobile phone number and a delivery address. To purchase an Order, depending on which payment method you opt for, you may need to provide with your Credit or Debit Card details through the Bank of Maldives Plc, "BML Payment Gateway" or MIB Online Payment, "MIB Payment Gateway". Your Credit / Debit card payments are processed by BML/MIB Secure Payment Gateway. At checkout, select BML or MIB as your payment method, enter your card details, and choose to save the card. Saved cards appear automatically on future orders. Only the last 4 digits of your card are visible in your account — your full card details are never stored. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your Foodies account are your sole responsibility.
   2. Foodies shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information.
   3. If you wish to delete your Foodies account, please send us an email requesting the same. We may restrict, suspend or terminate your Foodies account and/or use of the Platforms, if we reasonably believe that:
      1. Someone other than you are using your Foodies account; or
      2. Where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platforms.

3. Restrictions

   1. Activities Prohibited on the Platforms

      The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. Foodies reserves the right to investigate and take appropriate legal action against anyone who, in Foodies's sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:

      1. Using the Platforms for any purpose in violation of laws or regulations;
      2. Posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
      3. Posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Foodies in its sole discretion or pursuant to local community standards;
      4. Posting content that constitutes cyber-bullying, as determined by Foodies in its sole discretion;
      5. Posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;
      6. Posting telephone numbers, street addresses, or last names of any person;
      7. Posting URLs to external websites or any form of HTML or programming code;
      8. Posting anything that may be "spam," as determined by Foodies in its sole discretion;
      9. Impersonating another person when posting content;
      10. Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
      11. Allowing any other person or entity to use your identification for posting or viewing comments;
      12. Harassing, threatening, stalking, or abusing any person on the Platforms;
      13. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of Foodies, exposes Foodies or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
      14. Encouraging other people to engage in any prohibited activities as described herein. 
      15. Foodies reserves the right but is not obligated to do any or all of the following:
      16. Investigate an allegation that any content posted on the Platforms does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;
      17. Remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
      18. Suspend or terminate a user's access to the Platforms or their Foodies Account upon any breach of these Terms;
      19. Monitor, edit, or disclose any content on the Platforms; and
      20. Edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.

4. Intellectual property

   All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of Foodies and/or third parties who have authorized us with the use (collectively the "Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Foodies's trademarks on any other website not approved by us is strictly prohibited. Foodies will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Foodies neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with Foodies. Use of any materials on the Platforms is at your own risk.

5. Restriction of goods

   Foodies platform will not allow any of its partner or vendors to sell or deal of any item(s) which are prohibited by laws and regulations of the Maldives.

6. Orders

   1. Placing Orders:

      When you place an Order with Foodies, Foodies will confirm your order by sending you a confirmation notification by an SMS containing the link to Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.). 

   2. Minimum Order Value:

      Some of our Vendors require a minimum order value ("MOV") before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.

   3. Special Instructions:

      Foodies and the Vendor (as the case may be) reasonably endeavor to comply with your special instructions for an Order. However, in some cases where this is not feasible, possible or commercially reasonable, Foodies and/or the Vendor reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither Foodies nor the Vendor shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.

   4. Allergens:

      Foodies is not obligated to provide ingredient information or allergen information on the Platforms. Further, Foodies does not guarantee that the Goods sold by Vendors are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please specify your allergies in your Foodies profile or contact the Vendor before placing an Order on our Platforms.

   5. Vendor Terms:

      Please note that your Order may be subject to additional terms and conditions provided by the Vendor. 

   6. Prior to Placing the Order:

      1. You are required to provide the delivery address in order for the Platform to display the Vendors available in your delivery area.
      2. Once you select a Vendor, you will be taken to that Vendor's menu page for you to select and add your Goods to the cart.

   7. Placing the Order

      To complete an Order, please follow the onscreen instructions after clicking 'Checkout'. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click "PAY". An Order is successfully placed when you receive an SMS confirmation containing your Order receipt from us.

   8. Cancelling an Order 

      1. Please contact us immediately via our in-app customer support chat feature if you wish to cancel your Order after it has been placed. You have the right to cancel your Order provided a Vendor has not yet accepted your Order. 
      2. Refunds
         1. You have the right to a refund for a cancelled Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order. All refunds will be made in MVR and transferred to the designated bank account within 3–5 working days. Please note that Foodies does not provide refunds in USD. 
      3. Foodies reserves the right to cancel any Order and/or suspend, deactivate or terminate your Foodies account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your Foodies account and/or with your Order. 

7. Prices & payments

   1. Prices quoted on the Platform shall be displayed in Maldivian Rufiyaa (MVR) and subject to applicable tax. Prices and offers on the Platforms may vary from the prices and you accept that offers offered by our Vendors (either on their own websites, mobile applications, or at their brick-and-mortar outlets). 
   2. Prices quoted Exclude GST, or such other equivalent tax. A breakdown of the prices and additional charges are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final 'Total' amount which is displayed to you.
   3. Prices indicated on the Platforms are as at the time of each Order and may be subject to change. 
   4. You can choose to pay for an Order using any of the different payment methods offered on the Platforms including:
      1. Our payment partners: Bank of Maldives, Maldives Islamic Bank
      2. M-Faisa
      3. Fahi Pay
      4. Dhiraagu Pay
      5. Such other payment method we offer from time to time. 
   5. If you have existing credit in your Foodies account or valid promotional or discount vouchers, you can use this pay for part or all of your Order as the case may be. 
   6. After an Order is successfully placed, you will receive an SMS confirmation from us with your Order receipt link.
   7. Payment Methods
      Foodies reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third-party payment service provider(s). With your consent, your credit card / payment information will be stored with our third-party payment service provider(s) for future orders.

   8. Credit / Debit Card Information

      1. Your Credit / Debit card payments are processed by BML and MIB Secure Payment Gateway. The Cardholder could retain a copy of payment transaction records as a proof of the online purchase from Foodies.
      2. If you choose to pay by electronic card you will be redirected to the Maldives Payment Gateway of Bank of Maldives or Maldives Islamic Bank for you to enter the card details and the necessary processing. We will not be able to see, capture or store your card details and any other information you may enter at the Maldives Payment Gateway. All communications between Foodies and the Maldives Payment Gateway are encrypted using the TLS/SSL protocol. Once payment processing is completed successfully or fails) you will be redirected back to our app.
   9. You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order. Insofar as required, Foodies takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.

8. Delivery, pick-up & vendor delivery

   1. Delivery Areas

      You understand that our Vendors offer their Goods in specific delivery areas and our Vendors vary from delivery area to delivery area. By entering your delivery address on the Platforms, you will see the Vendors that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.

   2. Delivery Time

      Foodies shall deliver your Order to the delivery address provided by You. You may choose for your Order to be delivered on a specific date time on Pro-Order goods.

   3. Unsuccessful OR Failed Deliveries

      1. In cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:

         1. No one was present or available to receive the Order; or 
         2. Customer was uncontactable despite attempts to reach the customer via the phone number provided; or
         3. Lack of appropriate or sufficient access to deliver the Order successfully;
         4. Lack of a suitable or secure location to leave the Order; or
         5. In the case of Restricted Goods, customer did not meet the statutory age requirements or delivery did not deem it safe or appropriate for the customer to receive the Restricted Goods.
      2. No-show Cancellations
         If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, Foodies reserves the right to cancel the Order without refund or remedy to you

   4. Unsuccessful OR Failed Deliveries
      Wrong Order, Missing Items, Defective Goods 

      Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support via one of the methods indicated in Clause 1.3 above immediately. In some cases, Foodies may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.

   5. Pre-Order

      Foodies vendors may offer pre-order prices for some items for sale before they are available in-stock or before food is ready. The estimated delivery date or time will be shown after you place the order. Once your order are ready, it will be delivered to the address you have provided.

      1. Estimated Dispatch Date/Time:
         Please be aware that the products published for pre-order sale may not be available for immediate purchase.
      2. Place Order:
         1. Customers have to place orders for pre-order items by providing a date of delivery and time.
         2. Do not combine in-stock and pre-order items together. Please consider it as separate orders.

9. Vouchers, discounts & promotions

   1. From time to time, Foodies may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms ("Vouchers"). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.
   2. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. 
   3. Unless otherwise stated, Vouchers can only be used on our Platforms. 
   4. Vouchers cannot be exchanged for cash.
   5. Foodies reserves the right to void, discontinue or reject the use of any Voucher without prior notice Individual restaurants terms & conditions apply
   6. We may exclude certain Vendors from the use of Vouchers at any time without prior notice to you. 

10. Representations, warranties & limitation of liabilities

    1. Representations & Warranties 

       You acknowledge and agree that the content on the Platforms are provided on an "as is" and "as available" basis, and that your use of or reliance upon the Platforms and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While Foodies makes reasonable efforts to ensure the provision of the Platforms and the services we offer, are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure

    2. To the extent permitted by law, Foodies (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The Foodies entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Foodies entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Foodies, the Foodies entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law.

    3. Liabilities

       Foodies shall neither be liable for actions or omissions of the Vendor nor you in regard to provision of the Goods and where Vendor Delivery applies to your Order. Foodies does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Vendor's listing/offering on the Platform. Nothing in these Terms shall exclude Vendor's liability for death or personal injury arising from Vendor's gross negligence or willful misconduct.

11. Vendor liability

    Vendors are responsible for the preparation, condition and quality of Goods. In cases of Vendor Delivery, Vendors are responsible for delivery of the Goods and/or Orders. Foodies shall not be liable for any loss or damage arising from your contractual relationship with the Vendor.

12. Personal data (personal information) protection

    You agree and consent to Foodies and any of its affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our Platforms, and shall form a part of these Terms. 

13. Indemnity

    You agree to indemnify, defend, hold harmless Foodies, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms. 

14. Third-party links & websites

    The Platforms may contain links to other third-party websites and by clicking on these links, you agree to do so at your own risk. Foodies does not control or endorse these third-party websites or links and shall not be responsible for the content of these linked pages. Foodies accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third-party links and websites.

15. Termination

    Foodies has the right to terminate, suspend or delete your account and access to the Platforms, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if Foodies, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. Foodies may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.

16. Amendments

    Foodies may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately.

17. Severability

    If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

18. Governing law

    These Terms shall be governed and construed in accordance with the laws of the Maldives / courts of jurisdiction in which the relevant Foodies entity is incorporate.

19. Contact us

    If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email or via our in-app customer support chat feature.

20. Prevailing language

    In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.