Terms of Service
Agreement to Terms
Welcome to FoodMarket. By accessing or using our marketplace platform, website, mobile applications, or any of our services (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”).
Please read these Terms carefully before using our Services. If you do not agree to these Terms, you may not access or use our Services.
These Terms constitute a legally binding agreement between you and FoodMarket (“we,” “us,” or “our”).
Eligibility
To use our Services, you must:
- Be at least 18 years old or the age of majority in your jurisdiction
- Have the legal capacity to enter into a binding contract
- Not be prohibited from using the Services under applicable laws
- Provide accurate and complete registration information
By using our Services, you represent and warrant that you meet these eligibility requirements.
Account Registration and Security
Creating an Account
To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and current.
Account Security
You are responsible for:
- Maintaining the confidentiality of your password
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
- Ensuring you log out at the end of each session
Account Termination
We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, illegal, or harmful activities.
Account Registration and Security
Creating an Account
To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and current.
Account Security
You are responsible for:
- Maintaining the confidentiality of your password
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
- Ensuring you log out at the end of each session
Account Termination
We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, illegal, or harmful activities.
Marketplace Rules
For Buyers
When purchasing products, you agree to:
- Provide accurate delivery information
- Pay for all orders placed through your account
- Accept delivery at the specified address and time
- Not use the Services for any fraudulent purposes
- Comply with all applicable laws and regulations
For Sellers
If you are a seller on our platform, you additionally agree to:
- Maintain all required food safety certifications and licenses
- Provide accurate product descriptions and images
- Fulfill orders promptly and professionally
- Maintain high quality standards for all products
- Handle customer inquiries and issues responsibly
- Comply with all health, safety, and food handling regulations
- Pay the agreed commission fees on all sales
- Not engage in price manipulation or unfair practices
Orders and Payments
Order Process
When you place an order, you make an offer to purchase products at the listed price. We or the seller may accept or reject your order. A contract is formed when the seller confirms your order.
Pricing
All prices are displayed in US dollars and include applicable taxes unless otherwise stated. Delivery fees are additional and shown before checkout. We reserve the right to correct pricing errors.
Payment
Payment is processed at the time of order. We accept major credit cards, debit cards, and other payment methods as indicated. You authorize us to charge your payment method for all purchases.
Cancellations
You may cancel orders within 2 hours of placement, subject to our cancellation policy and seller approval. Cancellation fees may apply for late cancellations.
Delivery
We partner with sellers to deliver products to your specified address. Delivery times are estimates and may vary. You must be available to receive delivery or make arrangements for someone to accept delivery on your behalf.
Risk of loss and title for products pass to you upon delivery. We are not responsible for delays caused by factors beyond our control, including weather, traffic, or incorrect delivery information.
Product Quality and Food Safety
While we require all sellers to maintain food safety standards, we are a marketplace platform and do not prepare or handle food products directly. Sellers are solely responsible for:
- Product quality and safety
- Accurate ingredient listings and allergen warnings
- Proper food handling and storage
- Compliance with health regulations
If you have food allergies or dietary restrictions, please verify product information directly with sellers before ordering.
Intellectual Property Rights
All content on our platform, including text, graphics, logos, images, software, and other materials (collectively, “Content”), is owned by FoodMarket or our licensors and is protected by copyright, trademark, and other intellectual property laws.
You may not:
- Copy, modify, or distribute our Content without permission
- Use our trademarks or branding without authorization
- Reverse engineer or extract source code from our platform
- Create derivative works based on our Services
User-generated content (reviews, photos) remains your property, but you grant us a license to use, display, and distribute it on our platform.
Prohibited Conduct
You agree not to:
- Violate any laws or regulations
- Infringe on others’ intellectual property or privacy rights
- Transmit harmful code, viruses, or malware
- Engage in fraudulent or deceptive practices
- Harass, abuse, or harm other users or sellers
- Interfere with the proper functioning of our Services
- Attempt to gain unauthorized access to our systems
- Use automated tools to access or scrape our platform
- Manipulate reviews or ratings
- Resell products purchased through our platform without permission
Disclaimers
OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that our Services will be uninterrupted, error-free, or secure. We do not guarantee the quality, safety, or legality of products sold by sellers.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOODMARKET SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
Our total liability for any claims arising from these Terms or your use of our Services shall not exceed the amount you paid to us in the twelve months preceding the claim.
Indemnification
You agree to indemnify, defend, and hold harmless FoodMarket and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from your use of our Services, violation of these Terms, or infringement of any rights of another party.
Dispute Resolution
Informal Resolution
If you have a dispute, please contact us first at support@foodmarket.com. We will attempt to resolve disputes informally within 30 days.
Arbitration
Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive your right to participate in class actions.
Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
Changes to These Terms
We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the “Last updated” date. Your continued use of our Services after changes constitutes acceptance of the modified Terms.
Termination
We may suspend or terminate your access to our Services at any time, with or without cause or notice. You may terminate your account at any time by contacting us. Upon termination, your right to use our Services ceases immediately.
Contact Information
If you have any questions about this privacy policy or our data practices, please contact us:
Email: privacy@foodmarket.com
Phone: 1-800-FOOD-MK
Adress: FoodMarket Privacy Team, 123 Market Street, San Francisco, CA 94102
