Terms and Conditions

Delivery Service

These terms apply to your access to and use of Foodies Service on www.foodies.mv and our mobile app (the Platform). This service is provided by Foodies or us (LOOPCRAFT PVT LTD). Loopcraft PVT LTD’s address is G. Makhmaage, Faashana Kilege Magu, 20141, Male’, Maldives.

By clicking “Submit” you confirm that:

You have authority to do so and to bind the person or company you are accepting for.
You accept our offer to provide the Delivery Service on these terms.
You agree to and will comply in full with these terms.
Your satisfactory completion of certain checks (including ID and food hygiene checks) required by Foodies from time to time is a condition of this contract coming into effect.
This forms a contract between you and Foodies, which commences on the later of the date of your acceptance and the date on which you have completed Foodies’s onboarding checks from time to time to Foodies’s satisfaction. You should save a copy of these terms for your records. We may make changes to these terms, so check back here from time to time. We’ll notify you of material changes before they happen. If you access or use the Delivery Service after being notified of a change, you’re deemed to have accepted that change.
You can procure other services from Foodies by agreeing and entering into a separate contract with us. Each additional contract entered into by you and Foodies shall form a separate agreement.
If we need to contact you, we’ll do so via the email address you have provided to us.

Definitions

“Foodies” or “ We” or “ Us” or “ Our” shall mean Foodies, a business under LOOPCRAFT PVT LTD registered office at 9th Floor, G.Mahmaage, Male', Maldives.
“Vendor” or “you” shall mean the vendors to be listed on Foodies.
“Platform” shall mean the website(s), apps, tools and other equipment of foodies.mv and its affiliated companies and business partners on which the Service is made available.
“Vendor Dashboard” shall mean the website(s), apps, tools and other platforms provided by the Foodies for the Vendors.

What is Delivery Service

Through its Delivery Service, Foodies will provide you with a real-time ordering process that enables customers to place orders with you for delivery on the Platform in the Maldives (Delivery Orders) from the location/s that you have chosen and we that have agreed to provide Delivery Services to (the Locations). We may agree to amend the Locations from time to time. Foodies will also provide Delivery Services and Customer Support Services for your Delivery Orders - see more on this below.
By signing up to Delivery Service, you authorise Foodies to act as your agent to solicit, promote and conclude contracts for Delivery Service orders in your name and on your behalf.

Delivery Service Fees

Use of Delivery Service is subject to our applicable service fee from time to time which shall be borne by the customers. Foodies reserve the right to change the Delivery Service Fees from the customers time to time.
We will pay you an amount equal to the total sales for your Delivery Orders during the relevant payment period, less the discounts or commission you may offer to Foodies, less any relevant adjustments for refunds paid to customers during the relevant payment period.
We’ll make this payment by electronic bank transfer to the bank account you have nominated. You must cooperate with us so that we can comply with our tax and accounting obligations.

What we will do

If you are new to Foodies, when you accept these terms we will onboard you onto our Platform.
We will, subject to our rights to suspend your use of Delivery Service under these terms, display your locations and menu items on the Platform as available for Delivery Orders.
We will facilitate and implement a real-time ordering process which will enable customers to place and pay for Delivery Orders on the Platform.
Provide support services for customers to deal with complaints or enquiries relating to Delivery Orders (Customer Support Service) through a professionally manned contact centre at no further cost to you.
Procure the delivery of Delivery Orders from you to the customer (Delivery Services) using delivery riders authorised by Foodies to carry out the Delivery Services (Riders).
Ensure that the Restaurant receives the required training & goes live on the app within a maximum of 2 weeks from the date of onboarding.
Making the payments by electronic transfer to the bank account you have provided within 24 hours of receiving the Vendor Sales Report.
Treat your employees & customers with respect & decency.

What you must do

Comply with Maldives Food and Drug Authority’s safety and hygiene standards.
Provide all information, materials and assistance reasonably required by Foodies to onboard you to the Platform or launch Delivery Service for you. You must ensure that the information you provide to Foodies and customers in or in respect of your use of Delivery Service is complete and accurate in all material respects.
If you are new to the Platform, provide us with accurate descriptions of menu items to be offered in Delivery Service (including any relevant allergen advice and applicable Tax amounts). You agree that;
We may make limited and reasonable edits to menu item descriptions from time to time (including where legally required); and
To ensure a great customer experience the prices for the menu items you provide for display on the Platform should be the same as the prices for menu items published in your dine-in or in-store menu.
Display any Delivery Service signage provided by Foodies in accordance with our instructions.
Keep your menu up to date - by giving us at least three days’ notice of changes you require us to make for you or by making your own changes through Vendor Dashboard.
Ensure that all relevant menu items are available to be ordered by a customer in a Delivery Order during your opening hours, and accept and reject Delivery Service orders as appropriate. Each Delivery Order must meet the applicable minimum Delivery Order value from time to time - if it doesn’t, Foodies may charge customers an additional fee.
Ensure that Delivery Orders are prepared using all due skill, care and diligence in line with best practice in your industry.
Ensure that all Delivery Orders are packaged in a way that avoids tampering, minimises spillages, and maintains the order at an appropriate temperature.
Prepare Delivery Orders promptly, accurately and in accordance with the timescales communicated via the Platform. In particular, you must ensure that menu items:
correspond with the descriptions on the Platform (including indications that particular menu items are gluten free, nut free, or are suitable for vegetarians and/or vegans);
are not harmful to health or the environment;
have been properly cooked or prepared and are otherwise safe, fit for transportation and consumption and palatable;
are safely, securely and appropriately packaged at all times (including as reasonably required to withstand delivery); and
are at an appropriate temperature for consumption by the customer.
Take account of any information relating to customer allergies provided with the Delivery Order through the Platform.
Ensure that Delivery Orders are available for collection by our Riders in a timely manner.
Ensure that the order number on the Delivery Order packaging corresponds with the order number provided by Foodies before the Delivery Order is handed over to the relevant Rider.
Provide each Rider with an official receipt for their Delivery Order (and a Tax receipt, if applicable) if requested.
Use reasonable endeavours to reject less than 1% of Delivery Orders received through the Platform.
Use reasonable endeavours to ensure that Delivery Orders are available for collection by our Riders at the time communicated on the Platform and to keep Riders waiting for Delivery Orders for no longer than five minutes.
Use reasonable endeavours to ensure that no more than 1% of Delivery Orders contain errors.
You should be available for orders for 98% of your opening hours on the Platform.
Maintain the security and confidentiality of any access credentials we provide to you at all times. You are responsible for the actions of any person using your access credentials.
Comply with all applicable laws and licensing, registration and approvals requirements at all times, and any and all Foodies policies made available to you from time to time.
Without prejudice to your general obligation above, you warrant that you have not and will not do anything that breaches any applicable code and/or sanction relating to the prevention or prohibition of bribery, money laundering and similar activities. You must immediately notify Foodies if you become aware of any breach of this clause.
Cooperate with Foodies and provide, in a timely manner, such assistance and information as Foodies may reasonably require.

Intellectual property

All rights, title and interest in and to Vendor Dashboard, any software we provide for your use and any other materials we provide to you under or in connection with these terms are and shall at all times remain Foodies’s intellectual property (Foodies IP). We grant you a limited, non-exclusive, non-transferrable, non-sublicensable, revocable licence to use the Foodies IP during the Term for the sole purpose of using Delivery Service.

You must not (and shall not permit any third party to):

Copy, adapt, reverse engineer, decompile, modify or make error corrections to any Foodies IP other than with our express prior written consent;
breach, disable, tamper with, or develop or use any workaround for any security measure in any Foodies IP or otherwise do anything that disrupts any Foodies IP, Foodies or any person.

Foodies grants you a non-exclusive, royalty-free, non-sublicensable, non-transferable licence to use Foodies branding, which includes the “Foodies” logo, name and/or website address for the Term to allow you to advertise Delivery Service at your sites. You must comply with any Foodies policy issued from time to time.

You grant us and our affiliates a non-exclusive, royalty-free licence to use your branding which includes your logos, name and website address(es) for the Term in the country you operate in. You warrant and undertake that your branding does not and will not infringe any third party intellectual property rights. We can use your branding on the Platform, for marketing purposes and as reasonably necessary to provide Delivery Service.

Except for these limited licences:

Foodies retains ownership of and all rights in and to Foodies branding; and
You retain ownership of and all rights in and to your branding.

We may collect data about your use of Delivery Service. By using the Delivery Service you agree to us collecting and using this information. We may use this information for various purposes, including to improve, maintain, protect and develop our products, and to provide Services to you.
Suspension and termination
We may suspend your use of the Platform on giving you notice if we know or suspect you have breached these terms, or if we otherwise consider suspension reasonably necessary taking account of all relevant circumstances.

We will give you the reasons for the suspension where permitted by law. We will maintain the suspension until you have remedied the breach to our reasonable satisfaction or we no longer consider the suspension necessary in the circumstances.

Foodies reserves the right to terminate you, if you remain inactive by setting your status to “close” or “on break” continuously for a period of two months. You must always report and inform through email if you are going to halt or discontinue using our delivery service prior to two weeks.

These terms take effect on acceptance (see above) and continue until terminated by either party giving 30 days’ written notice to the other. If permitted by law and where we consider immediate termination necessary in the circumstances, we may give you written notice to terminate these terms with immediate effect.

Legal terms

SAVE AS SET OUT BELOW, WE EXCLUDE ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE HAVE NO LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR SPECIAL DAMAGES OF ANY KIND OR FOR LOSS OF PROFITS, REVENUE OR BUSINESS ARISING OUT OF OR RELATING TO DELIVERY SERVICE, ORDERS PLACED BY CUSTOMERS USING DELIVERY SERVICE OR THESE TERMS.

Foodies will be responsible for customer claims that a Delivery Order has been spilled or crushed in the course of the Delivery Services or that it is not an appropriate temperature for consumption on delivery where the Delivery Services took more than 30 minutes (except where the Delivery Order wasn’t packaged in accordance with these terms).

Customers may be eligible for compensation in respect of a Delivery Order. Foodies will determine this in accordance with its industry best practices from time to time. Refunds for which you are responsible will be deducted from our payment to you.

DELIVERY SERVICE IS OTHERWISE PROVIDED AS-IS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO DELIVERY SERVICE INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON INFRINGEMENT OF THIRD-PARTY RIGHTS.

Each party shall not at any time during this agreement and for a period of two years after termination of this agreement, use or disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as necessary to perform its obligations or exercise its rights under these terms. A party may disclose the other’s confidential information if required by law, provided it notifies the other in advance where permitted.

These terms are the entire agreement between us in relation to Delivery Service. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.

A delay in enforcing these terms is not a waiver. If part of these terms is found to be illegal or unenforceable, the rest of the terms remain in force. Neither of us will be in breach of these terms or liable for delay in performing, or failure to perform, any of its obligations under these terms if the delay or failure results from events, circumstances or causes beyond our reasonable control.

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Maldives. All disputes, controversies or claims arising out of or in connection with this Agreement, including any dispute regarding its existence, validity, interpretation, breach or termination, the Parties shall attempt to first amicably resolve such dispute or claim through discussions between their senior executives, as may be applicable.

Privacy of Customers

We will give you the details of the customer’s Delivery Service order to allow you to process and fulfil it (Order Info). You must not access or use any Order Info for any purpose other than the fulfilment of the Delivery Service order to which it relates in accordance with these terms.

We will also provide access to Protected Data at your request if you reasonably require access to deal with a customer Complaint or respond to a Data Subject Request.

Each party shall be a separate data controller concerning the personal data that is processed for its own purposes and by its own means and/or on their respective behalf. This means that both parties independently of each other are responsible for the processing of the personal data of which they (partly) determine the purposes & means in context of these Conditions.
You must not provide personal data of Customers to third parties and will not engage in communication with Customers other than for purposes of this Agreement.

You must promptly (and without delay) notify Foodies in writing of any personal data breach of which it becomes aware relating to personal data of Customers & keep Foodies up to date in regard to such data breach.