Terms & Conditions:
We, at FoodAno, value the trust you have placed in us. That's why we insist upon the highest standards for secure transactions and customer information privacy. Please read the following statement to learn about our information gathering and dissemination practices.
2. OUR SERVICES:
Through its Site (including the FoodAno website and mobile app), FoodAno links to the Sellers with you to order a variety of goods including prepared meals, non-prepared food and miscellaneous non-food items to be delivered to you. When you place an order for goods or for food from our Sellers, FoodAno acts as a facilitator to process and conclude the order.
3. How to contact us:
For customer support, you may reach us via email or through our in-app customer support chat feature.
4. Use of the Platforms and FoodAno Account:
You will need to register for a FoodAno account so that you can use the Platform. When you register for a FoodAno account, we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. To complete an order, depending on which payment method you opt for, you may need to provide us with your debit/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. In cases of fraud or abuse which are not your fault, you accept that all orders placed under your FoodAno account are your sole responsibility.
FoodAno 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.
If you wish to delete your FoodAno account, please send us an email requesting the same. We may restrict, suspend or terminate your FoodAno account and/or use of the Platforms, if we reasonably believe that.
6. Platform For Communication:
You agree, understand and acknowledge that the Site is an online platform that enables you to purchase Products listed at the price indicated therein at any time from any location using a payment method of your choice. You further agree and acknowledge that we are only a facilitator and cannot be a party to or control in any manner any transactions on the Site or on a payment gateway as made available to you by an independent service provider. Accordingly, the contract of sale of Products on the Site shall be a strictly bipartite contract between you and the Sellers on our Site while the payment processing occurs between you, the service provider and in case of prepayments with electronic cards your issuer bank.
7. Continued Availability Of The Site:
We will do our utmost to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of the Site, this cannot be guaranteed. Additionally, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
8. Intellectual Property :
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 FoodAno's trademarks on any other website not approved by us is strictly prohibited. FoodAno will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. FoodAno 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 FoodAno. Use of any materials on the Platforms is at your own risk.
9.Restrictions on Goods :
Some of the Goods we offer on our Platforms are subject to restrictions for purchase (“Restricted Goods”), depending on the applicable laws of the country you purchase the Restricted Goods from.
10. Your Conduct:
You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You must not engage in activities that could harm or potentially harm the Site, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Site or access to it to be interrupted, damaged or impaired in any way.
11. YOUR SUBMISSION:
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions without any notice or legal course applicable to us in this regard.
You acknowledge and undertake that you are accessing the services on the Site and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Site. We shall neither be liable nor responsible for any actions or inactions of Sellers nor any breach of conditions, representations or warranties by the Sellers or manufacturers of the Products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the Sellers or manufacturers of the Products.
We shall neither be liable or responsible for any actions or inactions of any other service provider as listed on our Site which includes but is not limited to payment providers, installment offerings, warranty services amongst others
13. THIRD PARTY BUSINESSES:
Parties other than FoodAno and its affiliates may operate stores, provide services, or sell product lines on the Site. For example, businesses and individuals offer Products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warranty or endorse the offerings of any of these businesses or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions, Products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions by reviewing your transaction carefully, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and related terms and conditions.
14. COMMUNICATING WITH US:
When you visit the Site, or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Site or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.
We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.
16. EVENTS BEYOND OUR CONTROL:
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the User Agreement or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
18. GOVERNING LAW AND JURISDICTION:
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. CONTACT US:
You may reach us at 09613 900 900 by phone
20. THE CONTRACT:
Your Order is a legal offer to the seller to buy the product or service displayed on our Site. All commercial/contractual terms are offered by and agreed to between you and the Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Products and services and after sales services related to Products and services. FoodAno does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and the Sellers. The seller retains the right to cancel any Order at its sole discretion prior to dispatch. We will ensure that there is timely intimation to you of such cancellation via an email or sms. Any prepayments made in case of such cancellation(s), shall be refunded to you within the time frames stipulated in the Refund Policy.
When you place an Order to purchase a product, any confirmations or status updates received by you prior to assignment of delivery personnel by FoodAno are only sent for the purpose of validating the Order details provided and in no way implies the confirmation of the Order itself. The acceptance of your Order is considered confirmed when your order is accepted by the Seller and the same status has been updated by FoodAno through the Platform. After placing the Order, we indicate an approximate timeline that the processing of your Order will take; however we cannot guarantee this timeline to be rigorously precise in every instance as we are dependent on third party service providers to preserve this commitment. We commit to you to make every reasonable effort to ensure that the indicative timeline is met.
22. Minimum Order Value:
Some Sellers may stipulate and require a minimum Order value (“MOV”) before an Order can be placed and delivered to you. In cases of Orders where MOV is applicable and such an Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Products to your Order from the same Seller.
You understand Sellers offer their Products in specific delivery areas and the Seller’s services vary from delivery area to delivery area. By entering your delivery address on the Platforms, you will see the Sellers which are available for Order and delivery at that real time. Delivery area and radius are subject to change due to change in weather, traffic, force majeure events etc. In any case, FoodAno reserves all rights to change, amend, shrink or expand the delivery area and radius.
Delivery might be delayed due to force majeure event which include, but are not limited to, political unrest, political events, national/public holidays etc.
FoodAno shall deliver your Order to the delivery address provided by You. An estimated delivery time will be provided to you in your email confirmation but the delivery time might take longer than the provided timeframe to be mentioned by FoodAno through the Platforms or email. You can view the remaining delivery time of an Order in the Platform. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. You should also ensure either Your or your representative is available to take delivery of the Order at the provided delivery address.
There shall not be any return option for your Order except for Orders from FoodAno Store and Medicine. For Return and Refund Policy of FoodAno Store and Medicine please see FoodAno Store and Medicine Return and Refund Policy
Please check our Cancellation and Refund Policy
You will be eligible for a refund only if the cancellation of your order has been done in compliance with the clause 1.1 above, i.e. cancellation has been done before the restaurant accepted the order.
Pre-paid orders: If your order cancellation is successful, you will be issued with a full refund. The estimated time of refund will depend on the payment method you have chosen when you placed your order. Please see the below table to find out the refund timeline for different payment methods.
Cash on delivery Orders: If your order cancellation is successful, FoodAno will not deliver the order to you. Hence, you will not need to make any payment. However, in case you are unable to cancel the order before acceptance by the restaurant and you reject the delivery of the order it will impact your success rate as a customer in our platform. In the event, your success rate drops below than 90%, the cash-on-delivery method will be omitted from your payment methods.
In the event the food/product received by your do not match your Order please contact FoodAno through 09613 900 900 Please do keep all evidential record, including documents, photograph etc. showing the mismatch of the food/products and your Order and send the same to FoodAno Official facebook page.
26. RESELLING FoodAno PRODUCTS ORDERED FROM THE PLATFORM:
Reselling FoodAno Products for business purposes is strictly prohibited. If any unauthorized personnel is found committing the above act, legal action may be taken against him/her.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from the Site and you agree to bear any and all applicable taxes (including VAT) as per prevailing law.
28. REPRESENTATIONS AND WARRANTIES:
We do not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the Products or services listed to be sold on the Site when Products or services are sold by third parties. We do not implicitly or explicitly support or endorse the sale or purchase of any Products or services on the Site. We accept no liability for any errors or omissions, whether on behalf of itself or third parties.
29. STOCK AVAILABILITY:
The Orders are subject to availability of stock.