+8801322446790
Last updated: Jan 1, 2023
Please read these terms and conditions carefully before using Our Service.
These Terms of Use (“Terms”) govern your use of the websites and mobile applications provided by foodmoodbd (or referred to as “us”) (collectively the “Platforms”). Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platforms or available by hyperlink. If you do not agree or fall within the Terms, please do not use the Platforms.
The Platforms may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.
Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately.
foodmoodbd reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.
1 INTRODUCTION
1.1 OUR SERVICES
Through our Platforms, foodmoodbd links you to the Restaurant/HomeKitchen Owners (“Sellers”) for you to order a variety of Foods including prepared meals, and non-prepared food to be delivered to you. When you place an order for Food from our Sellers (“Order”), foodmoodbd acts as an agent on behalf of that Sellers to facilitate, process and conclude the order and subsequently for either us or the Sellers to deliver your Order to you. Sellers may be owned and operated by third-party Sellers, our affiliate companies, or us.
1.2 HOW TO CONTACT US
For customer support, you may reach out to us via email or through our in-app/website customer support chat feature.
2 Use of the Platforms and foodmoodbd Account
2.1 You will need to register for a foodmoodbd account for you to use the Platform. When you register for a foodmoodbd account we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card details. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your foodmoodbd account are your sole responsibility.
2.2 foodmoodbd shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information.
2.3 If you wish to delete your foodmoodbd account, please send us an email requesting the same. We may restrict, suspend or terminate your foodmoodbd account and/or use of the Platforms if we reasonably believe that:
2.3.1 Someone other than you is using your foodmoodbd account; or
2.3.2 where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in the activity or conduct which we deem in our sole discretion to be an abuse of the Platforms.
3 Restrictions
3.1 Activities Prohibited on the Platforms
The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. foodmoodbd reserves the right to investigate and take appropriate legal action against anyone who, in foodmoodbd's sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:
3.1.1 using the Platforms for any purpose in violation of local, state, or federal laws or regulations;
3.1.2 posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
3.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by foodmoodbd in its sole discretion or pursuant to local community standards;
3.1.4 posting content that constitutes cyber-bullying, as determined by foodmoodbd in its sole discretion;
3.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;
3.1.6 posting telephone numbers, street addresses, or last names of any person;
3.1.7 posting URLs to external websites or any form of HTML or programming code;
3.1.8 posting anything that may be “spam,” as determined by foodmoodbd in its sole discretion;
3.1.9 impersonating another person when posting content;
3.1.10 harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
3.1.11 allowing any other person or entity to use your identification for posting or viewing comments;
3.1.12 harassing, threatening, stalking, or abusing any person on the Platforms;
3.1.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of foodmoodbd, exposes foodmoodbd or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
3.1.14 encouraging other people to engage in any prohibited activities as described herein.
3.2 foodmoodbd reserves the right but is not obligated to do any or all of the following:
3.2.1 investigate an allegation that any content posted on the Platforms does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;
3.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
4 Intellectual Property
All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of foodmoodbd and/or third parties who have authorised us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of foodmoodbd's trademarks on any other website not approved by us is strictly prohibited. foodmoodbd will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. foodmoodbd neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with foodmoodbd. Use of any materials on the Platforms is at your own risk.
5 Restrictions on Goods
5.1 our platform does not sell any Alcohol / Alcoholic Products (“Alcohol”) or Cigarettes/Tobacco Products (“Tobacco”)
6 Orders
6.1 When you place an Order with foodmoodbd, the seller will accept the order and then the foodmoodbd will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.).
6.2 Minimum Order Value - Some of our Sellers require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.
6.3 Special Instructions – foodmoodbd and the Seller (as the case may be) reasonably endeavour to comply with your special instructions for an Order. However, in some cases where this is not feasible, possible or commercially reasonable, foodmoodbd and/or the Seller reserves the right to proceed to prepare the Order in accordance with standard operating procedures. Neither foodmoodbd nor the Seller shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.
6.4 Allergens – foodmoodbd is not obligated to provide ingredient information or allergen information on the Platforms. Further, foodmoodbd does not guarantee that the Goods sold by Sellers are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Seller before placing an Order on our Platforms.
6.5 Please note that your Order may be subject to additional terms and conditions provided by the Seller.
6.6 Products ordered are non-returnable and foodmoodbd is not obligated to provide any refund of the purchase price unless prohibited by law.
6.7 Prior to placing the Order
6.7.1 You are required to provide the delivery address in order for the Platform to display the Sellers available in your delivery area.
6.7.2 Once you select a Seller, you will be taken to that Seller’s menu page for you to select and add your Goods to the cart.
6.8 Placing the Order
To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “PLACE ORDER”. An Order is successfully placed when you see a "Your Order is Confirmed" animation on your screen.
6.9 Cancelling an Order
6.9.1 Please contact us immediately via our in-app Help Center chat feature if you wish to cancel your Order after it has been placed. You have the right to cancel your Order provided a Seller has not yet accepted your Order.
6.9.2 Refunds
You have the right to a refund for a cancelled Order only if a Seller has not yet accepted your Order. Please read our Refund Policy for detail information. Our Refund Policy is available via this link Refund Policy and shall form a part of these Terms.
6.9.3 foodmoodbd reserves the right to cancel any Order and/or suspend, deactivate or terminate your foodmoodbd account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your foodmoodbd account and/or with your Order.
6.9.4 If you place a cash-on-delivery order and you provide your address information wrong also you don't answer the phone call from our rider or do not receive the delivery, your foodmoodbd account will be terminated. If you attempt this kind of behavior multiple times, we will take legal action against you.
7 Prices and Payments
7.2 The way we display the prices of our Goods may vary depending on the Seller, and the prices reflected on our Platforms may:
7.2.1 include GST, VAT or such other equivalent tax; or
7.2.2 exclude GST, VAT or such other equivalent tax.
A breakdown of the prices and additional charges are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.
7.3 Delivery fees are chargeable on every Order unless:
7.3.1 you have a valid promotional or discount voucher and apply it at Checkout; or
7.3.3 unless stated otherwise.
7.4 Prices indicated on the Platforms are as at the time of each Order and may be subject to change.
7.5 You can choose to pay for an Order using any of the different payment methods offered on the Platforms including:
7.5.1 Our payment partners: Visa, Mastercard, American Express, DBBL Nexus, bKash, Rocket, Nagad, Upay, Ok Wallet, M-cash, Tap, UnionPay, or online Bank payment;
7.5.2 Cash-on-Delivery; or
7.5.3 Such other payment methods we offer from time to time.
7.6 If you have valid promotional or discount vouchers, you can use this pay for part or all of your Order as the case may be.
7.8 Payment Methods
foodmoodbd reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third-party payment service provider(s). With your consent, your credit card/payment information will be stored with our third-party payment service provider(s) for future orders. foodmoodbd does not store your credit card or payment information.
7.9 You must ensure that you have sufficient funds on your credit and debit card to fulfill the payment of an Order. Insofar as required, foodmoodbd takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations, and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.
8 Delivery
8.1 Delivery Areas
You understand that our Sellers offer their Goods in specific delivery areas and our Sellers vary from delivery area to delivery area. By entering your delivery address on the Platforms, you will see the Sellers that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.
8.2 Delivery Time
8.2.1 foodmoodbd shall deliver your Order to the delivery address provided by You. You may have your Order to be delivered “ASAP”. An estimated delivery time will be provided to you in your mobile app but delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on ‘My orders’ on the Platforms. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed.
8.3 Unsuccessful or Failed Deliveries
8.3.1 In cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:
(i) no one was present or available to receive the Order; or
(ii) customer was uncontactable despite attempts to reach the customer via the phone number provided; or
(iii) lack of appropriate or sufficient access to deliver the Order successfully;
(iv) lack of a suitable or secure location to leave the Order; or
8.3.2 No-show Cancellations
If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, foodmoodbd reserves the right to cancel the Order without refund or remedy to you.
8.4 Wrong Order, Missing Items, Defective Goods
Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support via one of the methods indicated in Clause 1.2 above immediately. In some cases, foodmoodbd may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.
9 Vouchers, Discounts and Promotions
9.1 From time to time, foodmoodbd may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.
9.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.
9.3 Unless otherwise stated, Vouchers can only be used on our Platforms.
9.4 Vouchers cannot be exchanged for cash.
9.5 foodmoodbd reserves the right to void, discontinue or reject the use of any Voucher without prior notice Individual restaurants terms & conditions apply
9.6 We may exclude certain Sellers from the use of Vouchers at any time without prior notice to you.
10 Representations, Warranties and Limitation of Liabilities
10.1 Representations and Warranties
You acknowledge and agree that the content on the Platforms are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platforms and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While foodmoodbd makes reasonable efforts to ensure the provision of the Platforms and the services we offer, are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.
Limitation of Liability
To the extent permitted by law, foodmoodbd (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The foodmoodbd entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the foodmoodbd entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, foodmoodbd, the foodmoodbd entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law.
10.3 Seller’s Representations
foodmoodbd shall neither be liable for actions or omissions of the Seller nor you in regard to provision of the Goods and where Seller Delivery applies to your Order. foodmoodbd does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Sellers or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Seller’s listing/offering on the Platform. Nothing in these Terms shall exclude Seller’s liability for death or personal injury arising from Seller’s gross negligence or willful misconduct.
11 Seller Liability
Sellers are responsible for the preparation, condition and quality of Goods. In cases of Seller Delivery, Sellers are responsible for delivery of the Goods and/or Orders. foodmoodbd shall not be liable for any loss or damage arising from your contractual relationship with the Seller.
12 Personal Data (Personal Information) Protection
You agree and consent to foodmoodbd and any of its affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via this link Privacy Policy and shall form a part of these Terms.
13 Indemnity
You agree to indemnify, defend, hold harmless foodmoodbd, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms.
14 Third Party Links and Websites
The Platforms may contain links to other third party websites and by clicking on these links, you agree to do so at your own risk. foodmoodbd does not control or endorse these third party websites or links and shall not be responsible for the content of these linked pages. foodmoodbd accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third party links and websites.
15 Termination
foodmoodbd has the right to terminate, suspend or delete your account and access to the Platforms, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if foodmoodbd, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. foodmoodbd may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.
16 Amendments
We reserve the right to make changes to the Site, its policies, these terms and conditions and any other publicly displayed condition or service promise at any time. You will be subject to the policies and terms and conditions in force at the time you used the Site unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
17 Severability
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.
18 Governing Law
These terms and conditions are governed by and construed in accordance with the laws of The People's Republic of Bangladesh. You agree that the courts, tribunals and/or quasi-judicial bodies located in Dhaka, Bangladesh shall have the exclusive jurisdiction on any dispute arising inside Bangladesh under this Agreement.
19 Prevailing Language
In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.
20 Contact Us
If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email or via our in-app customer support chat feature.
♦ By email: info@foodmoodbd.com
♦ By phone: +8801322446790
♦ By our website through this link Contact Us
