Foodport

Terms of Service

Foodport is a platform (‘Platform’) for Sellers to connect with Consumers, and vice versa (‘Service’). Throughout the site, the terms “we,” “us,” “our,” and “Foodport” refer to Foodport.  The use of our Service and Platform is subject to the Terms of Service, as well as our Privacy Policy (collectively referred to as ‘Terms’).

Please read the Terms carefully before using our Service on our Platform. By using our Service (as defined) and our Platform, you accept the Terms. In the event that you do not consent or agree to the Terms, we politely request that you do not access or use our Service and Platform. These Terms form a legally binding agreement (‘Agreement’) between Foodport, Consumers, and Sellers. 

Subject to applicable regulations in force, we may, at our discretion, amend or otherwise modify the Terms from time to time. We recommend that you read our Terms when you access our Service and Platform, as it affects your rights. The amendment of the Terms is automatically binding to you, whether you read them or not.

1. DESCRIPTION OF SERVICE

Our Platform primarily connects two groups of users who utilize our Services which are the consumers (‘Consumers’) and the sellers (‘Sellers’). By using our Service on our Platform, you can perform any of the following actions, whether as a Consumer or a Seller, subject to the Terms contained herein:

  1. Consumers can post their food and/or beverages, including but not limited to rating and reviewing the food and/or beverages on our Platform;   
  2. Consumers can like, save, comment on, and/or share posts of food and/or beverages posted by other Consumers; 
  3. Consumers can find the location, operating hours, business name, and menu of Sellers’ businesses for their dining purposes; 
  4. Consumers can visit other users’ profiles;  
  5. Consumers can place orders for food and/or beverages (‘Products’) and make payments for the Products on our Platform;
  6. Both Sellers and Consumers can update the location, operating hours, and menu of Sellers’ businesses; 
  7. Sellers can view the aggregate location of Consumers on Google Maps;
  8. Both Sellers and Consumers can create menu and business on our Platform; 
  9. Sellers and Consumers have the option to subscribe to our subscription plans; and
  10. Any other matters that we may include in the future through our Platform.

For clarity, an aggregate location means that Sellers will not be able to view the precise location of Consumers but rather an orange circle indicating that a Consumer is located in that area. Consumers will not be personally identifiable in this context.

2. LICENSE TO USE OUR SERVICE

2.1 We grant you a limited, non-exclusive, non-transferable, and revocable license to use our  Service in accordance with the Terms herein.

2.2 Consumers and Sellers do not have the right to copy materials, contents, trademarks, including the copyrights of our Platform, or engage in any other actions or conduct that may affect our Service and Platform without the prior consent of the absolute owner of the Platform. 

3. RIGHT TO REFUSE SERVICE

We reserve the right to refuse any Consumer and/or Seller from using our Service and Platform.

4. BINDING AGREEMENT 

The Terms constitute a binding legal contract between you and us. 

5. PRIVACY

By using our Service and our Platform, you acknowledge that you have reviewed and understand our Privacy Policy, and consent to the practices described in it. 

6. REGISTRATION AND SECURITY

According to our Service and Platform, we require both Consumers and Sellers to register their own accounts first by creating a Username and Password. This registration process includes providing personal information such as name, age, gender, and email. If you choose to access and use our Service and Platform, you need to meet the following requirements:- 

  1. You may register your account to use our Service as either a Seller or a Consumer on our Platform. 
  2. When you register or provide any other information in connection with the Service and Platform, you agree to provide accurate, current, and complete information, and to promptly update this information to maintain its accuracy. 
  3. You are responsible for maintaining the confidentiality of any Username and Password that you are given or selected, and you are responsible for all activities that occur under your password or account, including those not committed by you. 
  4. We have the right to suspend or terminate any account or other registration if we suspect that the provided information is inaccurate or incomplete, or if any action may infringe upon our Terms. 
  5. You agree to immediately notify us of any unauthorized use of your Username or Password or any other breach of security.
  6. Our Platform will not take any responsibility or be liable for any loss or damage resulting from unauthorized use of your Username and Password if you fail to take steps to prevent such occurrences. 

7. A MINOR USER

  1. According to our Terms, you are categorized as a minor under Malaysian law. You can only use our Service and Platform with prior consent from your parents or legal guardians. If you fail to obtain the consent of your parents or legal guardians, you must cease accessing our Service and Platform. 
  2. We shall not be liable for any situations related to our Service and Platform in the following cases:
    • If you, as a minor, have failed to obtain consent from your parents or legal guardians; or
    • If your parents or legal guardians fail to monitor your access to our Service and Platform.
  3. Parents or legal guardians shall assume full responsibility for your usage of our Service and Platform as a minor.

8. YOUR CONTENT AND RIGHTS YOU GRANT US

  1. The content that you post using our Service is considered as your content (‘Your Content’).
  2. You understand that you are solely responsible for Your Content.
  3. You represent that you have all the necessary rights to all parts of Your Content and that you are not infringing or violating any third party’s rights by posting Your Content.
  4. By posting Your Content through our Service, you grant us a license to use Your Content. In short, you are giving us permission to use it to help us develop and grow our business. We will not claim ownership of Your Content or infringe upon any rights you have in Your Content. We are merely using it to assist in the growth and development of our business and to promote Your Content.
  5. By posting Your Content using our Service on our Platform, you grant us a non-exclusive, worldwide, royalty–free, irrevocable, sublicensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content. For this purpose, it will allow us to promote our Platform by using the Content of Consumers and Sellers. The Seller’s business will be promoted in various formats and through various channels, including our Service, partners, third-party websites, or advertising media. 
  6. You agree not to assert any rights of publicity against us for using your Content.

9. GRANTING YOU THE RIGHT TO POST CONTENT

  1. In accordance with the rights of Consumers and Sellers concerning the posting of content, we, Foodport, hereby undertake to grant you certain rights when using our Service and Platform. Consumers and Sellers are allowed to post content, including but not limited to the business’s name, its location, business operating hours, menu, pictures of the food and beverages, as well as the right to add descriptions, reviews, and comments to the content, also known as a post on our Service and Platform. 
  2. We, Foodport, at our sole discretion, may amend and rectify the right to post content for Consumers and Sellers based on reasonable circumstances, with notice provided to inform all Consumers and Sellers.

10. PROHIBITED ACTIONS

As a Consumer and Seller, you should not use the Service and the Platform to cause harm, including harm to our reputation or interference with the Service and the Platform. You must also refrain from using the Service and the Platform in a manner that violates any law. The following actions are prohibited on our Platform:

  1. Impersonate any person or entity or misrepresent your credentials or any information you provide;
  2. Solicit, transmit, store, or collect any information, including personal information about other users, such as email addresses and passwords, without the consent of such users;
  3. Solicit, transmit, store, or collect any private or personal information for any third party;
  4. Use the Service or Platform to install a computer program on another person’s computer;
  5. Obtain or attempt to gain unauthorized access to our computer systems, materials, and information, including users’ personal information available through our Platform;
  6. Use any device, software, or program to interfere with or attempt to interfere with the Service or Platform;
  7. Use any device, software, or program to probe, scan, test the vulnerability, or breach the security of our system, device, or network, or attempt to do so;
  8. Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise interfere with any software that is part of the Service or Platform, or use any tools for compromising security (e.g., password-guessing programs, cracking tools, or network probing tools);
  9. Use another person’s information, account, or password, except as expressly permitted;
  10. Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users’ computers, devices, or systems;
  11. Create a false identity of the sender or the origin of a message for the purpose of misleading others, forge headers, or otherwise manipulate identifiers to disguise the origin of any material transmitted through the Service or Platform; 
  12. Sending spam or otherwise duplicative or unsolicited messages;
  13. Engage in any other conduct that could potentially damage our reputation, restrict any person from using the Service or Platform, or expose us, users, or any other third party to liability, damages, or detriment of any type;
  14. Consumers and Sellers engaging in any activity that exploits, harms, or threatens to harm children are not allowed;
  15. Do not publicly include, but not limited to, display or use our Services in order to generate or share inappropriate content that is irrelevant to the nature of our Platform and Services; 
  16. Avoid engaging in activities that may bring harm to you as a Consumer or Seller, such as activities involving self-harm and all criminal offenses; 
  17. Consumers and Sellers are not allowed to violate or infringe on the rights of others, such as sharing music that infringes on copyrighted material or engaging in activities that violate the rights of other Consumers and Sellers; 
  18. Do not violate or interfere with the privacy of others; or 
  19. Assist or help other unauthorized people violate and infringe our Platform and Service’s rules.

Our Platform reserves the right to investigate accounts that engage in Prohibited Action (as described) and also reserves the right to take legal action against those who violate these Terms. 

11. PAYMENT METHOD

11.1 Our Platform reserves the right to determine the Payment Method. We currently accept online payments/transfers or any other payment method that can be accepted and recognised by our country’s banks. We will inform our Consumers and Sellers about any updates to the Payment Method through notices on our Platform or Website. 

11.2 Online Payments/Transfers or any additional payment methods will be processed by a Third-Party Payment Service Provider, which is a bank. 

11.3 The Consumer can register a bank account on Foodport for the purpose of payment. The registered bank account should be able to facilitate transactions and payments within Malaysia to the Seller for ordering food and beverages. Certain terms must be agreed upon by the Consumer when adding a bank account to our Platform.

11.4 You should represent and warrant that the bank account is registered under your name and that you are authorized by the banks to use it and register it on our Platform. By registering your authorized bank account as a payment method, you authorize us to debit your bank account for your purchases or Subscription Plan (this Term also includes the Seller who intends to subscribe to our Subscription Plan). You should also authorize the banks to deduct or debit your bank account for any transaction or payment made by you. Please be aware that this authorization remains in effect until you choose to remove your bank account from our Platform and Service.

11.5 By registering your bank account as your preferred payment method, you hereby acknowledge, understand, and agree to the aforementioned Terms. 

11.6 The Consumer or the Seller should not hesitate to contact our Customer Support for assistance if they notice any unauthorized transactions or billing errors in their accounts as soon as possible. The governing law and jurisdiction will limit your liability for engaging in any illegal activities, such as fraudulent and unauthorized transactions. 

12. RECURRING PAYMENTS

12.1 As both the Consumer and the Seller have subscribed to our Subscription Plan, you must authorize and agree to recurring payments. Payment for the Subscription Plan will be made to us according to the Terms and duration agreed upon in the Subscription Plan. By authorizing recurring payments, you grant us the right to store your payment information, instrument, and payment process. Subscription Plan fees will be charged in advance before the Subscription Plan period begins.

12.2 You can terminate the Subscription Plan at any time, but you must do so before the next billing period to stop being charged for the Service. 

12.3 In the event that your Subscription Plan fee goes unpaid or the payment transaction is rejected and denied by the banks, we, Foodport, reserve the right to prevent you, whether you are a Consumer or Seller, from using our Subscription Plan until you make the payment for the Subscription Plan. 

12.4 We may change the price of the Subscription Plan at any time, and we will notify you by email if you have subscribed to our Recurring Purchase, regardless of whether you are a Consumer or Seller. This notice will be given at least 2 weeks or 14 days in advance of the price change. Consumers and Sellers with recurring payments and Subscription Plans should terminate the service before the price change takes effect if they do not agree and intend to continue using our Subscription Plan.  

13. OFFERS

From time to time, Foodport may offer Subscription Services which we will not charge the first-time users (Consumers and Sellers) for during a free trial period (90 days). We hereby reserve the right to impose charges if you breach or infringe upon the terms and conditions of the offer during the free trial. Apart from the Subscription Plan, Foodport will advertise offers introduced by Sellers’ businesses for the benefit of Consumers. 

14. TRANSACTION FEES & AUTHORIZATION TO COLLECT

Our Platform will charge a transaction fee once the transaction is successful, and full payment has been made by the Consumer. The transaction fee, referred to as the ‘Fee’, is 10%. Here is what will happen:

  1. The Consumer has made full payment for the order of the Products on our Platform;
  2. As a Seller, you will allow us to collect and hold the full payment on your behalf;
  3. We will deduct the Fees from the full payment made by the Consumer;
  4. After that, we will remit payment to your account on a weekly basis; or
  5. You, as a Seller, shall receive the remaining earnings after the deduction of the Fees and, if applicable, processing fees imposed by the payment gateway.

We reserve the right to change the rate of our Fee; however, we will provide notice through our Platform when that happens. 

15. SUBSCRIPTION SERVICE AND FEES

15.1 Sellers can subscribe to our Seller Subscription Plan, which includes the Starter Seller, Pro Seller, and Enterprise Seller, at a price determined by us (‘Subscription Plan’) on our Platform. 

15.2 Consumers can subscribe to our User Subscription Plan, which includes the Standard and Premium Plan, at a price determined by us (‘Subscription Plan’) on our Platform. 

Information about the Subscription Service can be found on our Platform.

16. CANCELLATION

16.1 Seller 

You may have the right to cancel the order as a Seller by providing cancellation reasons. Cancellation by the Seller will affect the Consumer’s experience and have a negative impact on our Service and Platform.

16.2 Consumer 

You may cancel your order if the Seller has not yet accepted it. However, once the Seller accepts the order and full payment has been processed on our Platform, you will not be allowed to cancel your order or request a refund.

16.3 Canceling the Services of Our Platform 
As the Consumer or Seller, you can cancel the Service of our Platform at any time.  Canceling services is defined as the Consumer or Seller no longer having the right to access, use, or benefit from our Platform and Service, as well as not receiving information about future changes. To terminate and cancel the service, please refer to the following description: 

  1. You may not receive a return or refund at the time of canceling the Services;
  2. You may be liable to pay cancellation charges; and
  3. You may lose the right to access, the right to use, and any other rights related to our Platform and Service.

17. REFUND

As a Consumer, you have the right to a refund if the Seller fails to deliver what was ordered. Refunds may be requested with valid reasons. If you realize that our Platform or the Seller has charged you incorrectly, with an inaccurate payment amount, or due to an error, you should report and contact us immediately. We reserve the right to refuse any refund in the aforementioned events if you fail to take the necessary steps to resolve the issue or if you make any errors. The refund payment will be transferred to your registered bank account on our Platform and Service.  

18. NOT RESPONSIBLE FOR THE SAFETY OF PRODUCTS

18.1 For Sellers
As a Seller, you shall guarantee that your Products are safe for consumption, free from defects, and not mishandled or negligently prepared. In the event that your Products are spoiled, unsafe for consumption, defective, mishandled, or negligently prepared, resulting in food poisoning or any other harmful effects for the Consumer, you shall be personally responsible and liable for such situations. We shall not be responsible for such incidents.

18.2 For Consumers
This application allows all Consumers to place orders for food and beverages from the Seller. The order you place may be delivered by our Seller (subject to change at any time with notice) and is currently available for self-pick up and dine-in at the respective Seller’s business location. Foodport does not own or sell any food and beverages, nor does it control any of these Sellers or any services provided by the Sellers. All Consumers should understand that any order placed on our Platform is subject to product availability and delivery location feasibility on the part of the Seller. We reserve the right, at our sole and absolute discretion, to impose additional conditions in any reasonable circumstances, such as requiring additional fees or changes to be paid.

19. REPRESENTATION AND WARRANTIES

By using our Service and Platform, you represent and warrant that:

  1. You have the legal capacity to use our Service and Platform and that you are at least eighteen (18) years old;
  2. If you are a minor under the age of eighteen (18) years old, you have obtained your parents’ or legal guardian’s consent before using our Service and Platform;
  3. You shall provide true, accurate, non-misleading, current, and complete information as required for the Service, and you undertake the responsibility to update your information in a timely manner to keep it true, accurate, non-misleading, current, and complete at all times;
  4. You shall provide us with whatever proof of identity or any other documents, permits, licenses, or approvals that we may reasonably request or require for the use of our Service and Platform;
  5. You shall only use the Service and the Platform for their intended and lawful purposes;
  6. You shall agree to comply with all applicable laws when using our Service and Platform;
  7. You shall not attempt to commercially exploit any part of our Service and Platform without our permission, including infringing our intellectual property rights;
  8. You shall not use our Service and Platform for any criminal activities;
  9. You shall agree to assist us with any internal or external investigations as may be required by us to comply with any laws or regulations or in case of fraud or false booking; and
  10. You shall assume full responsibility and liability for all loss or damage suffered by yourself, us, or any other party as a result of breaching these Terms.

20. FURTHER REPRESENTATION AND WARRANTIES BY SELLER

If you are a Seller, you further represent and warrant that:

  1. You possess a valid business license and have all the appropriate licenses, approvals, permits, and consents from the authorities required to comply with the laws of Malaysia in order to operate your business; 
  2. As a Seller, you shall provide all necessary information for your business when registering the account under our Platform and Service;
  3. You shall guarantee that all information provided by you on the Platform complies with all legal requirements;
  4. You shall process orders with reasonable care and as soon as they are submitted and paid for by the Consumer; 
  5. You shall not contact the Consumer for purposes other than using the Service and Platform; 
  6. You shall, to the best of your ability, fulfill the Consumer’s order and ensure that your menu is accurate and not misleading; and
  7. You shall be responsible for the delivery of your food and/or beverage.

21. FURTHER REPRESENTATION AND WARRANTY AS A CONSUMER

  1. Your use of the Service or Platform is for your own personal use;
  2. You should not use the Service or Platform to cause nuisance, annoyance, inconvenience, or create fake orders; and
  3. You must not contact the Seller for purposes other than using the Service and Platform.

22. LIMITATION OF LIABILITIES

  1. Unless otherwise stated, and to the fullest extent allowed by law, any claims against us by you shall be limited to the amount actually paid and/or due from you in utilizing our Service and/or Platform. 
  2. We shall not be liable for any loss, damage, or injury that may be incurred by you (whether a minor or not), including but not limited to the following:
    • Loss, damage, or injury arising out of or in any way connected with the Service and/or the Platform;
    • Accuracy of location on Google Maps used on our Platform;
    • The use or inability to use the Service and/or the Platform; 
    • Reliance on our Subscription Service;
    • Safety and quality of Products; and
    • Any reliance placed by you on the completeness, accuracy, or existence of any advertisement on our Platform.

23. DISCLAIMER OF WARRANTIES

  1. The Platform and the Service are provided on an “as is” basis.
  2. We shall make no warranties about the accuracy or completeness contained in our Platform.
  3. No warranty is provided that the location in our Platform is accurate (as it is powered by Google and we have no control over it).
  4. No warranty is provided that the Platform shall be free from defects or viruses, or that the operation of the Service on the Platform shall be uninterrupted.
  5. You agree that your use of our Service and Platform is at your own risk.
  6. You may have additional consumer rights under the law that these Terms cannot change; however, to the extent permitted by the law, we disclaim all warranties, express or implied, in connection with the Service and Platform.
  7. We are just a Platform for Sellers to connect with Consumers, and we do not participate in the preparation of the Products. Therefore, we do not make any warranties about their quality and safety.

24. NON-PARTY TO DISPUTES BETWEEN VENDOR AND CONSUMER

Our Platform is strictly for Sellers to connect with Consumers. If there are any disputes, including negotiations, between a Seller and a Consumer, the Consumer and Seller shall agree not to involve us as a party in these disputes or negotiations.

25. OUR REFERRAL PROGRAM

  1. If you are a Consumer or Seller using our Platform and Service, you are eligible to become a member of our referral program, through which you will receive a referral code. 
  2. If a new user registers on the Platform using your referral code, we will reward both the existing user who provided the referral code and the new user with a voucher or vouchers. The voucher(s) will be subject to our Terms, which we will inform you about.

26. NON-DELIVERY

As for the current status of Foodport, we do not offer or provide delivery services from the Seller to the Consumer. Our Platform is designed to connect Sellers and Consumers, allowing you to locate the Seller’s business and place an order with the Seller through our Platform for pickup or dining in for food and beverages at the Seller’s business location. Below is a further illustration of the matter of non-delivery. 

26.1 For Consumers 

This application allows all Consumers to place orders for food and beverages from the Seller. The order that you place may be delivered by our Seller (subject to change at any time with notice) and is currently available for self-pick up and dining in at the respective Seller’s business location. Foodport does not own or sell any food and beverages, nor does it control any of these Sellers or the services provided by the Sellers. All Consumers should understand that any order placed on our Platform is subject to product availability and delivery location availability on the part of the Seller. Foodport reserves the right, at our sole and absolute discretion, to impose additional conditions in any reasonable circumstances, such as requiring additional fees or changes to be paid.

Any updates regarding delivery matters will be communicated to all Consumers and Sellers through our Platform or our Website. 

27. RATINGS, COMMENTS AND REVIEWS

Our Platform features feedback from our Consumers on food and beverages. The ratings, comments, and reviews can improve the quality of food and beverages for the Sellers, as well as their businesses. As a Seller, you must agree that Consumers can provide reviews, comments, and ratings for the Products you offer for sale or publish on our Platform. Every rating, comment, and review will be automatically logged on our Platform, which will frequently review them, including the possibility of suspending your right to use and access our Service and Platform. 

28. UPDATING THE SERVICE, PLATFORM, AND TERMS

28.1 We may change the Terms of Use and Service at any time by providing notice to all Consumers and Sellers. The notice will include the modified terms and conditions. It will be brought to the attention of all Consumers and Sellers. Consumers and Sellers can only continue to access and use our Service and Platform if they agree to the latest updates to the Terms of Use and Service. In the event that you are a minor, the parent or guardian has the right to assist or help the minor in terminating and closing the Foodport Account. 

28.2 After a certain period, we need to update our Service and Software. We will automatically check your current version of the software and update it automatically. 

  1. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case those other terms apply. Foodport is not obligated to make any updates available, and we do not guarantee that we will support the version of the system or device for which you purchased or licensed the software, apps, content, or other products.
  2. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods, or applications previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.

29. INTERNET DELAYS

  1. The Service and/or the Platform may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic devices, including the device used by you being faulty, not connected, out of range, switched off, or not functioning.
  2. We shall not be responsible for any delays in orders, missing orders, damages, or losses resulting from such problems.

30. COMPATIBILITY

Currently, our Platform is only available for Android, iOS, and website.

31. TERMINATION BY YOU

You may terminate your account with us at any time from your account settings. In the event that there are any outstanding bills, you will still be liable to pay for outstanding bills. 

32. TERMINATION BY US

In our sole discretion, we may restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. We will consider whether your use of our Service and Platform is known as unacceptable action or if your use has infringed upon our Terms. 

33. SURVIVAL OF TERMINATION

The Terms will remain in effect even after your access to the Service is terminated, whether by yourself or us.

34. NOTICE

  1. We may give notice through the Platform and send the notice to your email address by electronic mail, which is email. 
  2. Such notice shall be deemed to have been given upon the expiration of 60 hours after mailing.

35. DISPUTES AND GOVERNING LAW

The Consumer and Seller hereby agree that any dispute or claim arising out of or in connection with its subject matter shall prioritize communication with us to resolve the problems before proceeding with the dispute to any legal action. The Terms shall be construed, interpreted, and governed in accordance with the laws of Malaysia, and the Consumer and Seller hereby agree to submit to the jurisdiction of the Courts of Malaysia. 

36. INTELLECTUAL PROPERTY

All content, code, software, and any other materials that are part of the Services, other than any content you may submit (collectively, the “Our Content”) are our property. You may use the Services and print copies of Our Content only for noncommercial, informational, personal use, without modification, and only as long as you comply with these Terms.

This Platform and Our Content are protected under the copyright laws of Malaysia. You acknowledge that all copyrights and other intellectual property rights related to the Platform and Service are owned by us or its third-party licensors to the fullest extent permitted by law. 

Unless expressly permitted by an authorized person in writing or as allowed by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of Our Content and the Platform.

37. LINKS AND THIRD-PARTY CONTENT

The Platform may contain links to other websites or online services that are not under our control. Such links do not constitute an endorsement by us of those other websites or online services, the content they display, or the people associated with them. The Terms do not apply to such other websites and online services, and such websites and online services are not part of the Service and Platform. We encourage you to review the privacy policies and terms of use of these other websites or services. Our Platform shall not be liable or take any responsibility for any loss, suffering, and damage incurred by you in connection with your access to third-party content, such as websites and online services.

We may incorporate third-party services, software, technology, data, and/or other content, either independently or in connection with various programs, features, or functions available through the Platform. Your use of third-party materials may be subject to terms of use other than these Terms and as set forth by third-party providers, as applicable. You agree that we assume no liability with respect to your use of such third-party materials, whether or not you are aware of their use, and whether or not the use of such materials is recommended by us.

38. REMEDY

  1. We reserve the right to seek all remedies available at law and in equity for violations of these Terms.
  2. We shall also reserve all rights to recover damages or other compensation under these Terms or as allowed by law.

39. INDEMNIFICATION (WHAT HAPPENS IF YOU GET US SUED)

You agree to indemnify, hold us and our employees harmless, and defend us from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including, without limitation, reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with: 

  1. Your use of the Services;
  2. Your online conduct in connection with the Services;
  3. Your (or anyone acting under your password or username) violation or breach of these Terms;
  4. Your failure to comply with any applicable laws or regulations in connection with the Service and our Platform;
  5. Your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Service; or 
  6. Any of your dealings or transactions with other persons or third-party platforms resulting from the use of the Services.

We shall reserve the right to handle our legal defense as we see fit, even if you are indemnifying us, in which case, you agree to cooperate with us so we can execute our strategy. 

40. ENTIRE AGREEMENT, SEVERABILITY AND WAIVER

This Terms set forth the entire agreement and understanding between you and us regarding the subject matter of the Terms and other legal notices, statements, or terms and conditions posted or made, and neither of you shall be bound by any conditions, definitions, warranties, or representations with respect to the subject matter of this Terms. 

Each of the restrictions and provisions contained in this Terms and in each clause, sub-clause hereof shall be construed as independent of every other such restriction and provision. If any provision of this Terms or the application of any provision to any person or party is determined to be invalid or unenforceable by a court or other competent authority, then such determination shall not affect other provisions to any person or party, including but not limited to the Consumer and Seller, or circumstances, all of which other provisions shall remain in full force and effect. 

Any failure by the Platform to enforce any one or more of the Terms at any time or for any period shall not be a waiver of them or of the right at any time subsequently to enforce all Terms under this Term of Use and Service. 

41. CONTACT INFORMATION

Please direct any questions, complaints, or comments related to the Service and Platform to [foodport.tech@gmail.com].

I HAVE READ THE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. I HEREBY AGREE AND ACCEPT THE TERM OF USE AND SERVICE BY CLICKING THE “SIGN UP” OR “CONTINUE WITH APPLE” OR “CONTINUE WITH GOOGLE ACCOUNT” BUTTON DURING REGISTRATION. I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.