Terms and Conditions

TERMS AND CONDITIONS OF USE OF THIS WEBSITE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Further NOTE that these terms and conditions constitute a legal agreement between you (The User ) and Gamified International Limited . You accept these Terms and Conditions without limitation or qualification when you use our Website, content, communications, and services (collectively, the "Services"). IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SERVICES.

For the purpose of these Terms and Conditions of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a registered User on the Website by providing registration data while registering on the Website. The term “We”, “Us”, “Our” shall mean GAMIFIED INTERNATIONAL LIMITED (trading as Foody) a company registered in Kenya under registration number is PVT-27U5RVM6 .and of Post Office Box Number 17999-00100 NAIROBI (“Foody” or the “Company”, which expression shall, wherever the context permits, admits or requires, be deemed to mean and include its successors in interest and permitted assigns).

These Terms and Conditions (the "Terms" or the "Agreement") set forth a binding legal agreement between you and the Company and governs your use of Foody website located at https://foody.international/ and any other Services made available by Us.

This Website is owned and operated by the Company and You acknowledge that the Company is providing You with a revocable, limited, non-exclusive, and non-transferable license to use the Services.

Company and You may be individually referred to as a “Party” and collectively as “Parties”, as the context may require.


1. ACCEPTANCE OF TERMS AND CONDITIONS

1.1. You represent and warrant that you are at least 18 years of age. If you are under the age of 18, you may not use the Services.

1.2. In consideration of Your use of the Website, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under any law in force in Kenya or other applicable jurisdiction. You also agree to:

1.2.1. provide true, accurate, current, and complete information about Yourself as prompted on the Website.

1.2.2 maintain and promptly update Your data to keep it true, accurate, current, and complete.

2. REGISTRATION

2.1. You may use the Services without signing up for an account. However certain features may be unavailable if you do not sign up for an account.

2.2. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion thereof) at any time.

2.3. You may access the Website as available for use of the Services.


3. SERVICES

3.1. The Company offers You a technology platform via the Foody Website which is a web based information platform that provides users with a tool for reservations and meal bookings from one of the restaurants (each a “ Restaurant”) in the Foody Network.

3.2. The Company is not acting as an agent for any Restaurant, party, or supplier and does not sell or re-sell any of the products or services listed.

3.3. Foody’s Role is to provide Our platform to help connect users with Restaurants. Please Note that the Company does not recommend or endorse or guarantee any third-party product, services or information. Foody is not affiliated with the restaurants or vendors featured on the Website and is not responsible for their products or services. The Company further does not recommend, endorse or guarantee the content or privacy practices of any third party sites which may be linked to or from the Website, or products or services of any third party organizations mentioned or described on the Website or linked to or from the Website. You acknowledge that you enter any third-party sites at your own risk and the Company is not responsible for third party sites.

3.4 The Website may contain advertisements for third parties’ goods and/or services. The third-party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither the Company, nor its directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Website nor do they offer the goods or services for sale or make any other representation whatsoever about them.

3.5. The Company, its directors, employees, agents or related bodies corporate make no warranties regarding and shall not be liable or responsible to you ( whether in contract, tort or otherwise) for use of, the quality or late delivery of the goods or services from any third party or for honoring (or to cause any merchant to honor) any erroneous information regarding the price, description and availability of , or any discounts, offers, promotions and coupons relating to any product or service offerings promoted or available through the Website.

3.6. The Company does not guarantee the consistency or the stability of the Website. Further, any services provided by the Company may be subject to change at the discretion of the Company, and the Company does not require Your permission for the same.

3.7. You are responsible for interactions with any Restaurant at which you make an order or dine in including but not limited to the payment of bills.


4. DISCLAIMER

4.1. Any Information made available through the Website is for information and promotional purposes only. While we make efforts to ensure that information provided by us is accurate, we do not represent or warrant that any content is accurate, complete or current. In all instances, it is your responsibility to evaluate the accuracy, timelines, completeness or usefulness of the content and any other information provided through the Website.

4.2. We suggest You consult the relevant Restaurants directly for any queries or clarifications about any information provided to You through this Website before taking or refraining from any action on the basis of information obtained through the Website. Although we make reasonable efforts to update the information provided by the Website and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

4.3. The Company does not recommend or endorse any products, services or other information that may be mentioned on the Website. Reliance on any information appearing on the Website is solely at your own risk. The Website and any content on it is provided on an “AS IS” basis. Further, to the fullest extent permissible by the law, the company disclaims any express or implied warranties including without limitation, non-infringement, title, merchantability or fitness for a particular purpose

4.4. Nothing on the Website constitutes, or is meant to constitute, advice of any kind.

4.5. You expressly waive and release any claim that You may have against the Company or its directors, employees, agents, contractors.


5. CHANGES TO THESE TERMS

5.1. We may update these Terms and Conditions from time to time to reflect changes in law or best practice or to deal with additional features which we introduce without prior notice to You. You should check the Website for such changes regularly.

5.2. If you do not accept the notified changes you may continue to use the Website in accordance with the existing terms but certain new features may not be available to you OR will not be permitted to continue to use the Website and the Service OR Your continued access of the Website after such changes conclusively

5.3. signifies that you accept those changes.


6. UPDATES TO THE WEBSITE AND CHANGES TO THE SERVICE

6.1. From time to time we may automatically update the Website and change the services to improve performance, enhance functionality, reflect changes to the operating system or address security issues without notice.

6.2 The Website will always [work with the current or previous version of the operating system (as it may be updated from time to time) and] match the description of it provided to you when you bought it.


7. USER CONTENT

7.1. The Website may allow you to post written reviews, rate restaurants or other content (“User Content”. Unless otherwise specified, you may only post User Content to the Website if you are eighteen (18) years of age or older.

7.2. You may only post User Content that you created.

7.3. By submitting or posting User Content to the Website you grant the Company irrevocable right to reproduce, display, perform, distribute, adapt, and promote this User Content in any medium. The Company owns all right, title, and interest in any work, or created by the Company using or incorporating User Content posted to the Website.

7.4. You are solely responsible for anything you may post on the Website and the consequences of posting anything on the Website.

7.4. You may not post or distribute User Content that is objectionable, or that violates these Terms and Conditions. Objectionable User Content includes but is not limited to (i)sexually explicit content; (ii) obscene, defamatory, slanderous, violent, racist, or profane; (iii) content that infringes upon the rights of any third party; including copyright, trademark, privacy, publicity or other personal or proprietary right or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal substances and (v) gambling of any type.

7.5. Content will be moderated by Us to ensure timely removal of all objectionable User Content.

7.6. User accounts which have been confirmed responsible for posting objectionable content will be restricted from use of our Services.

7.7. Any user can flag content the deem objectionable for review.

7.8. Under no circumstances will the Company be liable in any way for any User Content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred because of the use of any such content.

7.9. The Company does not endorse, support, represent or guarantee the completeness, accuracy or reliability of any User Content posted on the Website.


8. USER RESTRICTIONS

1.1. You agree that You shall;

1.1.1. not use the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Website or any operating system;

1.1.2. not infringe Our intellectual property rights or those of any third party in relation to Your use of the Website [, including by the submission of any material] (to the extent that such use is not licensed by these terms);

1.1.3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website

1.1.4. not use the Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

1.1.5. not use the Website in order to host, display, upload, modify, publish, transmit, update, distribute, share, store material that impersonate another person or entity;

1.1.6. not use the Website in order to host, display, upload, modify, publish, transmit, update, distribute, share, store material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Company’s computer systems or site or the Company’s users, customer’s computer systems or site;

9. TERMINATION OR SUSPENSION OF ACCOUNT

9.1. You agree that the Company may at any time and for any reason, terminate Your access to the Website, or restrict or suspend Your access to all or any part of the Services at any time, for any or no reason, with or without prior notice and without liability.

9.2. If there is a suspicion or untoward or illegal activity, we may suspend Your account immediately.



10. PRESERVATION/DISCLOSURE

10.1. You acknowledge, consent and agree that the Company may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

- comply with legal process nationally or internationally;

- enforce this Agreement;

- respond to claims that any Content violates the rights of third parties;

- protect the rights, property or personal safety of the Company, its users and the public; or

- pursuant to the terms of our Privacy Policy

- we may use Your information to reach You for marketing or promotional purposes through any channel.



11. SECURITY COMPONENTS

1.11. You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company. You may not attempt to override, disable, circumvent, or otherwise interfere with any such security components and usage rules.



12. PROPRIETARY RIGHTS

12.1. All materials on the Website, including, without limitation, names, logos, trademarks, images, audio clips, video clips, text, columns, graphics, graphs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by the Company.

12.2. You acknowledge and agree that all Material on the Website is made available for limited, non-commercial, personal use only.

12.3. Except as specifically provided herein or elsewhere in the Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the Company’s prior express written permission.

12.4. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

12.5. The Website and Services are the proprietary software developed and made available exclusively by the Company.

12.6. The Company is the sole owner of the Website and Services, and all software created to make the Services available to You.

12.7. The Company provides You with a single limited license to use and access the Website and Services for the limited purpose of using the services. The license is specifically personal, non-transferable, and non-exclusive.

12.8. Systematic retrieval of the Company’s content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from the Company is prohibited. In addition, use of the Content for any purpose not expressly permitted by the Company in these Terms is prohibited and may invite legal action.



13. TERMS AND TERMINATION

13.1. These Terms of Use shall remain in full force and effect for so long as You use the Website. You may delete Your account at any time, for any reason, by following the instructions on the Website.

13.2. The Company reserves the right to terminate the services or the Website without prior notice. Your account or Your access to the Website maybe terminated immediately, with or without notice to You, and without liability to You, if the Company believes that You have breached any of these Terms, our Privacy Policy, or any false or misleading information, or interfered with use of the Website by others.

13.3. The Company reserves the right to cancel delete or deactivate Your Account, if it believes the same has been compromised, or is being used fraudulently, at its own discretion.



14. INDEMNITY
14.1. You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorneys’ fees and costs) arising from:

- Your use of and access to the Website;

- Your violation of any Terms and the Privacy Policy contained herein;

- Your violation of any third party right, including without limitation any copyright, property, or privacy right.



15. ADDITIONAL TERMS

15.1. We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Website, to obtain certain premium content through the Website, or for other reasons. These additional terms are part of this Agreement, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.

15.2. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction.

15.3. This Agreement together with the Privacy Policy and any other legal notices published by the Company on the Website, shall constitute the entire agreement between You and the Company concerning the Website and governs Your use of the Website superseding any prior agreements between You and the Company with respect to the Website.

15.4. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

15.5. Any Dispute arising under this Lease shall be referred to and resolved by arbitration under the rules of the Arbitration Act 1995 of Kenya or any statutory modification or re-enactment for the time being in force.

15.6. To the extent permitted by law the award of the arbitration tribunal shall be final and binding upon the parties and either party may apply to a court of competent jurisdiction for enforcement of such award.

15.7. Notwithstanding the provisions of clause 15.5.to the extent permitted by law, a party is entitled to seek preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the final decision or award of the arbitrator.

15.8. These Terms are governed by the laws of Kenya.

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