TERMS AND CONDITIONS

These Terms and Conditions are applicable to all orders made through the FoodTrip mobile application. By placing an order for Products through this mobile application, you accept and agree with: (a) these Terms and Conditions and any conforming changes thereto which we may implement every now and then; and (b) our Privacy Policy in connection with how we handle your personal information collected from this mobile application. In addition, Terms of Use govern your use of the FoodTrip application or herein referred to as the FoodTrip App.

A. Terms of Agreement

By means of using the FoodTrip application, you hereby agree to the FoodTrip Privacy Policy and these Terms of Use which are incorporated herein by reference. Each time you use the FoodTrip application, you confirm your acceptance of what is stipulated here.
The FoodTrip management may change these Terms of Use at any time in accordance to its discretion. The revised or modified Terms of Use will be immediately effective upon posting and you agree to the new posted Terms of Use by continuing your use of the FoodTrip App. If you do not agree to be bound or covered by these Terms of Use, your only remedy is to discontinue using the FoodTrip App. Therefore, it is your responsibility to be informed of all the changes in the Terms and Conditions.

B. Account Creation

By utilizing the FoodTrip mobile application, you will be asked to register or sign in by making a record which expects you to give your personal data, such as name, phone number, email address and a password. Furthermore, your consent to give, keep up and update your precise, current and complete data about yourself as being asked in the registration forms. You shall not impersonate any individual or substance or distort your character or connection with any individual, including utilizing someone else's username, password, or other record data.
You are highly responsible for the security and secrecy of your password and your record. Moreover, you are liable for all action made by you or anybody that utilizes your record. You consent to defend your password from access by others. On the off chance that you accept that your record has been undermined, you should quickly get in touch with us through email at customersupport@foodtrip.ph.

C. Termination of Account

The FoodTrip management has the right to terminate your account and access to the FoodTrip App for any reason, including, without limitation. Whenever your use of the app be considered by FoodTrip in its sole discretion as unacceptable, or in the event of any breach by you of the Terms of Use, FoodTrip may, but not obliged to provide you a warning prior to the termination of your use of your account.

D. Placing of Order through FoodTrip

Once an order has been placed in the FoodTrip App, it constitutes that you authorized the FoodTrip to process your online order. Your order shall be processed immediately and is expected to be paid upon receipt. However, FoodTrip reserves the right to refuse the processing of your order without any notification in case we find any incorrect or incomplete details, or any previous hoax/prank transactions with the given personal information.

E. Order Cancellation

In case of order cancellation, the customer must immediately call the FoodTrip management upon placing the order and inform about the cancellation. However, we reserve the right to refuse any order cancellation in case the order has already been dispatched for delivery prior to receipt of your request.

F. Delivery Time

FoodTrip exerts reasonable efforts to meet the guaranteed and applicable delivery time. You accept and agree, however, that any delay due to traffic, inclement weather or merchant order fulfillment delays are beyond our control and should not at any time be taken against us.

G. Payment for Orders

Acceptable payment is through the form of cash wherein payment must be given to our rider upon delivery of your order. In case of pick-up or dine-in methods, Cash, Card, PayMaya, GCash, and other form of payments are available.

H. Delivery Areas

FoodTrip offers delivery services only to pre-defined areas. If your address is outside of the pre-defined delivery area, you will be prompted to change your delivery address. Please take that the delivery fee is based on the distance and may vary in accordance to your location.

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I. Trademarks and Copyrights

Trademarks, logos, and service marks displayed on the FoodTrip mobile application are registered and unregistered Trademarks of FoodTrip and/or third parties who have authorized their use. You shall not republish, upload, use, copy, reproduce, post, transmit, distribute, or modify these in any manner. FoodTrip will belligerently enforce its rights to intellectual property to the fullest extent of the law, which includes the seeking of criminal prosecution or legal action. FoodTrip neither warrants nor represents that your use of materials displayed on the FoodTrip mobile app will not infringe rights of third parties not owned by or affiliated with FoodTrip. The use of any materials on the mobile application is at your own risk. The use of FoodTrip’s trademarks on any other website or mobile application is strictly prohibited.

J. Governing Law and Severability

These Terms of Use shall be governed by and interpreted in accordance with the laws of the Philippines, without regards to its conflict of laws rules. You expressly and deliberately agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the FoodTrip mobile application resides in the courts of Philippines, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of filing any such claim or action.
In case that one of the provisions of these Terms of Use is found to be invalid by any competent court, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, and shall remain in full force and effect. No any waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision in these Terms of Use.

K. Warranties

The FoodTrip App and the contents are provided on an “as is” basis. To the fullest extent allowed by law. Bigby’s, its parent company, and service providers, disclaim all warranties, either implied or expressed, statutory or otherwise, including but not limited to the implied warranties of non-infringement of third parties rights, merchantability, and fitness for particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply. The FoodTrip management cannot and do not guarantee that: (i) the FoodTrip App will contain menus that are always accurate, complete, or updated on a timely basis as these are dependent on the availability of merchant product; (ii) the FoodTrip App will be free of human and machine errors, omissions, delays, interruptions or losses, including loss of data; (iii) the functions and services performed on the FoodTrip mobile app will be uninterrupted and error-free, and whenever there are noticeable defects in the app it shall be corrected by the management upon its discovery of the defects or errors.

L. Limitations of Liability

FoodTrip and its service providers shall not be liable for any incidental, consequential, indirect, special, or exemplary damages during the use of the mobile application or in any way or means to your use of the mobile app. FoodTrip shall also not be accountable for any loss, expense, cost or damage arising directly or indirectly out of or in connection with the delay beyond the estimated time or date of delivery; availability of products at any allotted time, any circumstances beyond our control, as well as force majeure and other events that cannot be avoided even with the exercise of reasonable care; or any indirect or unforeseeable loss suffered or incurred by customers or third parties. However, our liability for any given transaction shall not exceed the total price charged for the relevant items.

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