Before participating in the program(s) operated by FoodFul, please read the terms and conditions for using FoodFul. These FoodFul Non Profit Terms of use (“Terms”) apply to the service relationship between FoodFul, its subsidiaries and affiliates (collectively “FoodFul” or “FF”), and the Non Profit Partners (“Non Profit Partners” or “NPP”), including, but not limited to: 501(c)(3) accredited Non Profit Qualified Charitable Organization and its users. By using or accessing FoodFul applications, you are agreeing to the terms and conditions listed throughout. By executing the sign up with FoodFul or otherwise agreeing to these terms, including through an authorized FoodFul partner, you or the entity you represent, agree on behalf of all participating restaurant locations to be bound by these terms to the exclusion of all other terms.
FoodFul owns and operates the FoodFul Non Profit (FFNPA) applications both mobile and web based, as well as web and mobile sites, and other domains (the “Sites”). Additionally, FF owns and operates FF’s proprietary ordering, advertising, delivery logistics, and billing systems (the “FoodFul Systems or also “Systems”) and any FoodFul services pertaining, but not limited to actions the FoodFul activities through FF pertaining to ordering, delivery/pickup, and all other actions (“Services”) at foodful.net and its associated web-based and mobile properties and applications through Services with 501(c)(3) Qualified Charitable Organizations. These Terms of Use taken together with the Delivery Service Provider Agreement (the “Service Agreement”) you have entered into with FoodFul or its subsidiaries and affiliates, constitute a contract between NPP and FF (collectively, the “Agreement”). By utilizing and/or accessing the FFNPA and/or affiliated sites, and/or affiliated services, you agree to all the terms and conditions of our Agreement. Utilization of “we”, “us”, or “our” refers to FoodFul and all its subsidiaries and affiliates.
FoodFul strives to work with and fosters partnerships to end hunger through ending food waste. The affiliated FF apps are focused on eliminating waste of food from such affiliated food vendors (“Food Vendors” or “FV”) including, but not limited to: restaurants, grocery stores, food trucks, and other food vendors. FoodFul Non Profit app connects the grocery stores and restaurants near you with food to donate. We appreciate the work you are doing and want to help reach even more people in need.
Utilization of FoodFul Non Profit app is only for the use of picking up of listed food from affiliated Food Vendors to further the cause or purpose stated by the NPP. The purpose must align with the mission allowing NPP to become a 501(c)(3) Qualified Charitable Organization. NPP must be a 501(c)(3) Qualified Charitable Organization. Individuals utilizing or accessing the FFNPA, must be working on behalf of NPP with their consent.
NPP are responsible for selecting who receives login credentials for FF related applications. Individuals who utilizing FF applications, software, and services promise to act on the best interests of the NPP. Individuals who utilize FF Services have been given consent to operate on behalf of NPP. FF is not responsible if unauthorized users utilize FF Systems. Individuals who have not been given consent operate on behalf of NPP will be held liable and responsible for repercussions and damages of use of FF Services.
You are responsible for maintaining the confidentiality and security of your account and password and for all actions that occur in connection with your account and password. You agree to (a) immediately notify FF of any known or suspected unauthorized use(s) regarding your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or information available to you through the FFNPA; and (b) ensure that you exit from your account at the end of each session. FF will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.
With respect to FoodFul’s accessibility in the use of the app, when you’re using the app, it’s important to bear in mind that although we strive to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. FoodFul accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
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Disclaimer
TO THE MAXIMUM DEGREE PERMITTED BY LAW, AND OTHER THAN AS EXPLICITLY STIPULATED IN THE AGREEMENT, FF AND ALL FF AFFILIATED PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN ASSOCIATION WITH THE AGREEMENT, THE SYSTEMS, THE SERVICES, AND ANY USE THEREOF, INCLUDING WITHOUT LIMITATION IMPLICIT OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SERVICES ARE PRESENTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER FF NOR ANY AFFILIATED FF PARTNER(S) WILL BE LIABLE TO FOOD VENDOR FOR DAMAGES RESULTING FROM THE FAILURE OF THE SYSTEMS, SERVICES OR FOOD VENDOR CONTENT. FF WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO FOOD VENDOR FOR INDIRECT, INTENTIONAL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, DISTINCTIVE, OR EXEMPLARY DAMAGES RESULTING FROM OR RELATED TO THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, LOSS OR INACCURACY OF DATA OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF THE PARTY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. THESE WILL SURVIVE AND PERTAIN EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Licensing and Materials
FF Food Vendors data including FV name, phone numbers, email, etc, and NP app data including text, photos, videos, software, data, and graphics (the “Materials”) are owned and licensed to FF. Except as otherwise indicated or given with consent of FF, Materials are not allotted for utilization in any capacity outside of FF Systems and Services. FF enforces its intellectual property rights to the fullest extent in protecting affiliated Food Vendors.
We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the FFNPA and/or the Materials, solely as permitted by these Terms of Use and subject to all the terms and conditions of the Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the FFNPA. Any other use of the FFNPA and/or the Materials is strictly prohibited without the written permission of FF or affiliated third parties.
Users or accessors of FFNPA may not sell, redistribute, decompile, reverse engineer, or otherwise reduce the software in an effort to simplify the raw binary code into something more tangible to a perceivable form. Users or accessors of FFNPA are not allowed to copy or modify the app, any part of the app, or our trademarks in any way. Users or accessors are not permitted to attempt to extract the source code of the app, not authorized to translate the app into other languages, nor make derivative versions. The FFNPA Sites, Services, and Systems, and all trade marks, copyright, database rights and other intellectual property rights related to it, belong to FoodFul.
FF reserves the right to modify, suspend, or discontinue at any time, with or without notice, the FFNPA and/or services offered on or through the Sites (or any part thereof), including but not limited to the FFNPA’s features, look and feel, and functional elements and related services.
Communications with Food Vendors
FF or Food Vendors and respective third party service providers may contact NPP’s via voice, text, and/or email at the phone number(s) and/or email address(es) that the NPP or individual(s) working on behalf of the NPP has provided to FF for the following reasons: (1. to provide notifications related to your services and FF’s offerings; (2. to assist facilitated scheduling; (3. in relation to the pickup fulfillment process; and/or (4. to address any other FF related issues. Please note that standard voice, data and message rates will apply for all forms of communication. Please contact your mobile phone carrier for details.
Permissions of Use
Through utilizing or accessing FFNPA, users working with NPP will be able to toggle their availability and accept orders for picking up food from Food Vendors, indicate status of the pickup, communicate accessibility by both NPP and Food Vendors in reference to food pickup, location aware API to be enabled, as well as the transaction details log of pickup orders.
Via use of FFNPA, you acknowledge and agree that you are only allowed to use information including data and Systems available on the FFNPA, including transaction logs and other Materials, for the sole purpose of fulfilling the pickup delivery services for the orders through FFNPA.
NPP, to the best of their understanding, ensure that the food complies with state and federal legislation and regulations including protections of the Bill Emerson Good Samaritan Act. The terms, conditions, and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the California, without regard to its conflict of laws and principles.
Indemnification
You agree to indemnify and hold harmless the Released Parties of all claims, actions, liabilities, judgements, losses, damages, and expenses (including attorneys’ fees) arising out of breach or alleged breach of any provisions of this Agreement, violation of applicable law, use of FoodFul Non Profit app, and/or other FF Materials, Systems, Services, and other affiliated data, and /or all uses of content by FF and/or any third party authorized by FF.
Food Vendor and Non Profit Partner Communications
Transactions occurring through the FFPA are intended for the greater good of the community. FF is intended to reduce food waste and to provide food for people. Please continue to work within the framework of FF as we continue to be able to tackle the larger problem of food waste throughout the country. On the micro level, food waste can be mitigated without using FF, but through having the systems and tech available to reduce food waste, this creates a platform to take on food waste and impact the macrolevel. We appreciate you continuing to work through FF.
Third Party Links
FFNPA contains links to websites that are owned and maintained by third parties and may be subjected to additional terms and conditions. FFNPA does not control, review, or monitor Third Party Websites and makes no guarantees of any affiliated information or functionality regarding Third Party Websites. FF does not endorse or recommend any of the listed products.
Third Party Information
FF is not responsible for the state of food being listed by Food Vendors. FF fosters partnerships to end hunger through ending food waste. Food Vendors are responsible for listing the retail value and the amount of the food listed, and FoodFul is unaffiliated in any way nor responsible for information provided by Food Vendors.
Updates
FF apps, Systems, Sites, and Services may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. FoodFul does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing the app and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Privacy Policy
By accessing and using FFNPA, you agree to all our terms and conditions including the Terms of Use and our Privacy Policy. Fodjflksjdlf[asjfposajpf.com If you do not agree to all the terms and conditions, do not use FF Sites, Systems, and Services.
Governing Law
Access and/or use of FFNPA, Materials, Systems, and all other content of the Sites is subject to all applicable international, federal, state, and local laws and regulations. The terms, conditions, and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws and principles.
Severability and Waivers
Any waiver by FoodFul of any provision of this Agreement must be in writing. If any portion of this agreement is found invalid, void, or unenforceable, then that part will be deemed to be superseded by a valid provision that matches as closely as possible in regards to intent. The remainder of this Agreement shall continue to be enforceable and valid according to the terms listed with the exception, being the newly updated portion, having precedent over the previous section.
Email: foodful4@gmail.com