Participation AgreementRefunds, Returns & Cancellation Policy
● Foodoro, Inc., a Delaware corporation (“Foodoro”) reserves the right to change any of the terms and conditions at any time and in its sole discretion. Any changes to the Merchant Agreement will be posted on the site. Changes to the Merchant Agreement and referenced policies and guidelines may be posted without notice. Changes made to the Merchant Agreement and/or referenced policies and guidelines may be accessible only when Merchants are logged into their account.
● Your continued use of our Site and Services following Foodoro’s posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Merchant Agreement, do not continue to use the Services or this Site.
● All Merchants must abide by the laws, statutes and regulations relating to their own business and selling their items. Please check your local, regional and state laws in order to make sure you have the proper licenses and permits to produce and sell your items on the Internet. Foodoro is not responsible for ensuring that Merchants are or remain legally qualified to sell their items.
● Merchants must provide all information requested by Foodoro, including their real name, business name (if different), email address, physical address, phone number, and valid payment information to register for a Merchant account. Foodoro reserves the right to terminate a Merchant’s account at any time for any reason. Reasons may include excessive refunding, failure to update inventory stock information, high rates of returns claims, and credit card chargebacks.
● Foodoro must approve all items listed on the Site by Merchants. Without limitation, you also may not list any item that is prohibited by law. It is up to the Merchant to accurately describe the item for sale. Foodoro has the right to refuse to allow Merchants to list certain items for sale on the website.
● Merchants will ship items directly to Users. Merchants will be required to provide information regarding shipment, tracking (if available) and order status to Users and to Foodoro.
● You agree that Foodoro is a platform. As such, Foodoro is not responsible or liable for any of your products or content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Foodoro. As a Merchant, you use the Site and the Services at your own risk.
Fees and Payment Terms
- Sales price: This is the final selling price of a transaction, excluding any applicable sales tax. Foodoro deducts a commission of 15 percent of the sales price. We do not deduct a commission of sales tax.
● There are no additional fees for registering a Merchant account with Foodoro or listing an item in the Marketplace. Foodoro will transfer your earnings less Foodoro’s commissions on the 1st and 15th of every month into your checking account.
● If Foodoro terminates your account, if a Merchant closes its account, or a Merchant has any outstanding fees, Merchants remain obligated to pay Foodoro for all unpaid fees plus any penalties, if applicable.
● All fees are in U.S. dollars unless stated otherwise and are incorporated herein by reference. The fees and payment terms may vary in the future. The fees and payment terms in effect on the date of an item sale transaction shall govern the transaction.
- Shipping and handling charges
- Discounts, rebates, special sales, promotions you make with respect to purchases
- Shipping methods used
- Business practices such as discount or elimination of shipping charges on an order
Foodoro’s Payment System
● The Payment Service facilitates the purchase of Merchants items listed on the Site. A User’s authorized credit card payment is credited to the Merchant’s Foodoro account and funds (minus any applicable commission fees and other adjustments) are transferred to a Merchant’s designated checking account as set forth below. The Payment Service helps facilitate transactions in the Marketplace and is not the purchaser of the Merchant’s items. Merchants must resolve disputes directly with Users or with Foodoro’s assistance and not through the Payment Service.
● The Payment Service is only available to individuals and others who meet Foodoro’s terms of eligibility. For Users, this means individuals or others who have been issued a credit card by a United States bank and whose applications are acceptable to Foodoro. For Merchants, credit for payment transactions will only be made to checking accounts with a United States bank.
● Foodoro’s Payment Service is generally available 7 days per week, 24 hours per day, except for scheduled downtime due to system maintenance. We can initiate payment transaction credits to Merchant’s Foodoro account only on a Business Day when the automated clearinghouses are open for business. For purposes of this Merchant Agreement, a Business Day is a Monday through Friday, excluding federal banking holidays. In addition, you can access your Payment Service transaction information online in your account. You may access this feature only with a browser that is compatible with the Payment Service, including any security features that are a part of the Payment Service.
● Foodoro will initiate the transfer of the entire outstanding balances on the 1st and 15th of every month to the Merchant’s designated bank account. The transfer amounts will include any transactions you received from authorized credit card transactions by Users, less any commission fees, refunds, previous credit card chargebacks and/or other adjustments. Transfers to the Merchant’s bank will generally be credited within five business days of the date we initiate the transfer. On occasion, we may send Merchants a paper check instead of an electronic credit to Merchant’s bank account. We will do so, for instance, if Merchant’s bank will not accept an electronic credit to Merchant’s bank account.
● For security reasons, Foodoro has the right to impose minimum and maximum transaction limits on some or all Merchants and/or Users. These limits may relate to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will not be liable to Merchants: (i) if we do not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason, or (ii) if we allow a User to withdraw from a transaction because the Payment Service is unavailable following the commencement of a transaction.
● All notices to Merchants will be sent via e-mail or will be posted on Foodoro.com. We will send notices to Merchants at the e-mail address maintained in Foodoro’s records for the Merchant. The Merchant is expected to monitor his or her e-mail messages frequently to ensure awareness of any notices sent by us.
● Merchant may terminate his or her participation in the Payment Service at any time by informing us by e-mail or phone provided by Foodoro for such termination. In addition, Foodoro has the right to refuse service to, suspend or cancel any Merchant and/or User account for any reason without notice. Upon termination, Merchant must pay us whatever fees were incurred prior to the effective date of the termination. Also upon termination, any pending transactions will be canceled. Upon termination of the Merchant account, Foodoro reserves the right to set off against any payments to be made to the Merchant, an amount determined by us to be adequate to cover chargebacks and refunds from the Merchant’s account for a prospective three-month period. At the end of such three-month period following termination, we will refund any amount not used to offset chargebacks and refunds to Merchant (without interest), or seek reimbursement from Merchant via lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of checking account or credit card.
● All sensitive financial information for Merchants and Users, such as credit card numbers and bank account numbers, will be stored by a third-party payment processor of our choice.
Transaction Policies & Guidelines
● All items must be listed with a fixed price, and Merchants cannot sell items “off-site” once a transaction has been completed on the Foodoro Marketplace without violating the terms of the Merchant Agreement.
● Merchants have the obligation to update and maintain the inventory of items listed for sale in our Marketplace. Failure to do so may result in the suspension or cancelation of the Merchant’s account.
● Please also refer to Refunds, Returns & Cancellations (for Merchants).
Reservation of Rights
● We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of your transactions at any time without liability. You will stop and/or cancel orders of your products if we ask you to do so (provided that if you have transferred your products to the applicable carrier or shipper, you will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper). You will refund any customer (in accordance with this Merchant Agreement) that has been charged for an order that we stop or cancel.
Sales, Use and Other Taxes
Dispute Resolution & Release
● In the case of a dispute, Users will first be directed to contact the Merchant directly to resolve such matter. Foodoro urges Merchants and Users to cooperate with each other to resolve disputes. In the event a dispute arises between you and Foodoro, please contact Foodoro by e-mail or phone.
● Foodoro, for the benefit of our Users, may try to help resolve disputes (see Refunds & Returns). Foodoro does so in Foodoro’s sole discretion, and Foodoro has no obligation to resolve disputes between Merchants and other parties, including Users. To the extent that Foodoro attempts to resolve a dispute, Foodoro will do so in good faith based solely on our policies. Foodoro is not obligated to make judgments regarding legal issues or claims, but reserves the right to do so in its absolute and sole discretion. Any such judgment shall be final and binding on Merchant.
● Should you have a dispute with one or more Users, or an outside party, you hereby agree to release and indemnify Foodoro (including its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Privacy & Use of Information
● You will not, and will cause your affiliates not to, directly or indirectly disclose, convey or use any order information or other data or information acquired by you or your affiliates from Foodoro or its affiliates (or otherwise) as a result of the Merchant Agreement, the transactions contemplated hereby or the parties' performance hereunder (collectively, "Foodoro Transaction Information"), except you may disclose this information as necessary for you to perform your obligations under this Merchant Agreement, provided that you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information. The terms of this section do not prevent you from using other information that you obtain separately, even if such information is identical to Foodoro Transaction Information, provided that you do not target communications on the basis of the intended recipient being a Foodoro User.
● Investigation. Foodoro has the right, but not the obligation, to monitor any activity and content associated with the Site and investigate as we deem appropriate. Foodoro may also investigate any reported violation of its policies or complaints and take any action that it deems appropriate in its sole and absolute discretion. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site, including product reviews, listings and purchase transactions. Foodoro reserves the right and has absolute discretion to remove, screen, or edit any Merchant or User account or content that violates these provisions or is otherwise objectionable.
● Disclosure of Information. Foodoro also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Foodoro’s systems, business, Users, and Merchants, or to ensure the integrity and operation of Foodoro's business and systems, Foodoro may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.
Foodoro’s Intellectual Property
● Merchants grant Foodoro a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights you have in the content, in any media now known or not currently known, with respect to your content. You agree to allow Foodoro to store or re-format your content on the Site and display your content on Foodoro in any way as Foodoro chooses. This includes any content submitted by the Merchant to Foodoro as well as any content submitted by our Users.
● We’re not responsible for negative reviews and are not obliged to remove reviews submitted by our Users. We may remove objectionable content based solely on our own judgment.
● You warrant that all the products offered by you through the Site are (i) correctly and adequately described, (ii) safe for their intended use and/or consumption by Users (as applicable), and (iii) will be shipped to Users using a reasonable shipping method based on the type of product being shipped . You further warrant that you shall follow all labeling and all other legal requirements in connection with the preparation and sale of food products both in your jurisdiction and in the jurisdiction of all Users who purchase your products.
Limitation of Liability
● Merchant may terminate his or her participation in the Payment Service at any time by informing us by e-mail or phone provided by Foodoro for such termination.