FOODEAL TERMS AND SERVICE

Effective Date:

Foodeal Service (“Foodeal”, “Service/s”) is owned and managed by KLab Cyscorpions, Inc. (“Us”, “We”, “Our”, the “Company”, “Cyscorpions”).

This Terms of Service (“Terms”) constitute a legally binding agreement between Us and the User (“You”, “Your”), governing the terms and conditions as well as your rights and liabilities with your use of Foodeal Service. Also incorporated as part of these Terms by reference is our Privacy Policy. Please read and understand them carefully. By clicking the “Agree”/ ” I Accept” button where applicable, OR by accessing or using any of Foodeal’s services, you agree to be bound by these Terms and our Privacy Policy.  IF YOU DO NOT AGREE WITH THE CONTENTS OF THIS TERMS OF SERVICE, PLEASE DISCONTINUE YOUR USE OF FOODEAL AND ALL ITS SERVICES.

This Terms of Service will change from time to time as necessary. At any time, without prior notice to Users, We have the right to 1) change the Terms of Service and Policy/ies of Foodeal; 2) change the services and features; and 3) restrict and/or terminate User access to Foodeal. Any change we will make shall be effective immediately upon its execution or posting in Foodeal. You shall be informed of the changes made through official notice to be sent via the email you have provided us or posted by us in Foodeal. Your continued use of Foodeal thereafter guarantees your express acceptance of the changes applied and that you also agree to be bound by such changes/amended Terms. Please check this document frequently for updates.  

I. SCOPE OF SERVICE 

Foodeal Service includes any of the products, services and/or features including but not limited to applications, information services, and content, which may be accessible in Foodeal or Cyscorpions’ website, mobile-, computer- and other network-based platforms, or devices (“device/s”), third party social networking sites (SNS), web forums or messaging boards.

II. ELIGIBILITY, REGISTRATION and ACCESS

You must be at least fifteen (15) years of age in order to access and use Foodeal. In registering for the Service, you represent and warrant that you are of legal age and that you have read, understood and agreed to these Terms. You agree that if you are under the age of eighteen (18) or whatever is the age of legal majority where you access the Foodeal or Cyscorpions’ Services, you represent that your legal guardian has read, understood, and agreed to these Terms.

Upon access to the Foodeal Service or installation of the Foodeal app in your device, You shall be prompted to register for the services of Foodeal by providing personal information, including but not limited to your:

  1. Full name, screen name, alias, pseudonym or nickname
  2. Address (email, mailing)
  3. Gender
  4. Age and/or Birthday
  5. Contact Numbers

You may also opt to connect your social networking service (SNS) accounts (e.g., Facebook, Google+) to Foodeal upon registration. Information to be acquired by Foodeal from your SNS account and its usage shall be in accordance with our Privacy Policy and other applicable laws.

You hereby warrant that personal information you shall provide us is truthful and accurate. You shall be responsible in updating or correcting such personal information when necessary.

Users shall be responsible for their access to Foodeal and its services, including the device(s) and internet service they will use and the applicable fees related thereto. You shall be responsible in keeping your password private to prevent its unauthorized use. In any case of suspected or actual threat to your account security, or misuse of your account, we shall reserve the right to require you to change your password or suspend your access to Foodeal.

III. USE OF SERVICES

Content, License, and Intellectual Property Rights

The following types of content will be made available to you through the Service:

“Foodeal Content” means KLab Cyscorpions’ and Foodeal Services’ name, trademarks, logos, text, data, graphics, images, illustrations, forms, documents, marketing materials, look and feel attributes, or our licensors’ name, trademarks and logos, and other content made available by Cyscorpions on or through the Foodeal Services, but excluding User Content (as defined below).

“User Content” means text, data, graphics, images, photos, and any other content uploaded, transmitted or submitted by you on or through the Foodeal Services.

Foodeal, its Service/s and Contents are protected by copyright, trademark, and other relevant laws in this jurisdiction. Except as expressly provided in these Terms, KLab Cyscorpions and our licensors exclusively own all right, title and interest in and to the Foodeal Services and Content, including all associated intellectual property rights (e.g., patents, copyrights, trademarks, service marks, trade names, etc.) (“Intellectual Property Rights”).

You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.

Subject to your compliance with these Terms, KLab Cyscorpions hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download and print, where applicable, the Foodeal Services solely for your personal and noncommercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Foodeal Services and Content, except only as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by Cyscorpions or its licensors, except for the licenses and rights expressly granted by these Terms.

You shall be solely responsible for your own conduct, interactions (including disputes), and any kind of information you upload, post, tag, share with any other user on or via the Foodeal Service. Your use of the Foodeal Service, Foodeal Content, User Content and any other content made available through the Foodeal Service is at your sole risk and discretion and Cyscorpions hereby disclaims any and all liability to you or any third party relating thereto. Cyscorpions reserves the right to contact Users, in compliance with applicable law, in order to evaluate compliance with these Terms and any other applicable Rules. You will cooperate fully with KLab Cyscorpions to investigate any suspected unlawful, fraudulent or improper activity.

Lawful use

You agree to use the services of Foodeal only for lawful purposes and not for any prohibited activities which include, but are not limited to:

  1. Criminal or tortious activity, including child pornography, fraud, identity theft, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, theft of trade secrets or other cybercrimes;
  2. Advertising to, or solicitation of, any User to buy or sell any products or services;
  3. Posting or transmitting any unsolicited advertising, promotional materials, junk mail, "spam," “phishing”, chain letters, unsolicited bulk email, contests, promotions or any other form of solicitation.
  4. Using any information obtained from  Foodeal in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.;
  5. Engaging in any automated use of the system, such as using scripts to send comments or messages;
  6. Interfering with, disrupting, or creating an undue burden on the Foodeal or the networks or services connected there to;
  7. Using the account details of another User;
  8. Selling or otherwise transferring your profile;
  9. Using any information obtained from Foodeal in order to harass, abuse, or harm another person;
  10. Using Foodeal in a manner inconsistent with any and all applicable laws and regulations; and
  11. Data scraping and data mining activities; or
  12. Any acts or acts analogous to the foregoing.

Uninstallation and Account Termination

At any time and for any reason, you may uninstall the Foodeal application from your device(s) and terminate your Foodeal account by sending an email to support@foodeal.com.ph. Upon termination of your Foodeal account by you or us, you will lose access to your account and all of your account information. Any content, material or information you have submitted to Foodeal will be deleted from our servers and databases.  Foodeal has no obligation to maintain any information related to your account that is stored in our database or forward them to you or any third party, except in the case of your personal request or required disclosure to legal entities for legal purposes.

You consent that We have the right to terminate your access to Foodeal, even without prior notice to you, if we determine that you have:

  1.  made a serious violation of this Terms of Service;
  2. engaged in acts which may have caused liability to Foodeal and its Users, and are deemed prohibited or unlawful through these Terms, policies and relevant laws; and
  3. infringed on the proprietary rights, rights of privacy, or Intellectual Property rights of any person or entity.

We may notify legal authorities or take any action it deems appropriate, without notice to you, in the event of any of the above.

IV. DISCLAIMER OF WARRANTY

The Foodeal Services and Content are provided “as-is”, and we disclaim any and all representations or warranties of any kind, whether express or implied, with respect to it, including any implied warranties of merchantability or fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out in the course of dealing or usage of trade.

The Services provide content and material sourced from third parties, and links to, and references, third party’s web sites, content and material not controlled by Us. You acknowledge and agree that we neither endorse, nor are responsible or liable for the availability, accuracy, currency or reliability of any Third Party Content. Any concerns regarding such Third Party Content should be directed to the third party. Under no circumstances will we be liable for any loss or damage caused by any use or reliance on Third Party Content or any purchase or use of goods or services from any third party referenced to on the Services. Nothing in the Services shall be deemed to be a recommendation of any third party, Third Party Content or third party products or services, or to constitute any representation or warranty as to a third party's qualifications, services, products, offerings, information or any other content.

To the fullest extent permissible by Law, We make no representations or warranties of any kind whatsoever (express or implied) with respect to:

  1. The website, app/s or other Foodeal platforms, and their services;
  2. The legality, accuracy, reliability, quality or authenticity of content, information, services or products provided by any User through Foodeal;
  3. The use or treatment of any information, content, material, or data transmitted by Users to Foodeal;
  4. The security associated with the transmission of sensitive information through Foodeal or any linked site to it;
  5. The results that may be obtained from use of Foodeal; or
  6. Uninterrupted or error-free service, that defects will be corrected, or that the website, app/s or the servers that make Foodeal Content available will always be free of viruses or other harmful components.

V. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE FOODEAL SERVICES AND ALL CONTENT THEREIN REMAINS WITH YOU. NEITHER CYSCORPIONS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE FOODEAL SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, NOMINAL, MORAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING (ACTUAL OR ANTICIPATED) LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE FOODEAL SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FOODEAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU SPECIFICALLY ACKNOWLEDGE THAT CYSCORPIONS AND/OR FOODEAL ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

VI. GOVERNING LAW and JURISDICTION

These Terms shall be construed in accordance with the pertinent and relevant laws of the Philippines. The parties agree to exhaust all available options towards amicable settlement including conciliation and arbitration before the parties go to court involving any claim or dispute arising out of or inconnection with these Terms, including any question regarding its existence, validity or termination.  In the event of judicial action, venue shall be, exclusively, before the proper courts of Taguig City, Philippines.

You and Cyscorpions agree that any cause of action arising out of or related to Foodeal must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

VII. MISCELLANEOUS

The inability of Cyscorpions to enforce any right or provision stated in these Terms shall not be deemed a waiver of prior or subsequent rights of Cyscorpions, unless made in writing and signed by its duly authorized representative. Nothing in these Terms shall constitute either party a partner, joint venturer or employee of the other party for any purpose.

These Terms express the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations and understanding. The controlling language of the Terms is English and prevails over other languages used in translating these Terms if any inconsistency will appear.

In case any term or provision in this document is deemed to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

VIII. CONTACT INFORMATION

We may, from time to time, contact you using the information you have provided us to give you updates regarding the services and/or policy changes. If you have any questions, comments, or concerns regarding these Terms of Service, please send an email to support@foodeal.com.ph, or write Us at the address below.


KLab Cyscorpions, Inc.

3/F Bonifacio High Street Central (C2 Building),

7th Avenue corner 29th Street, Bonifacio Global City, Taguig 1634