FoodPally Terms Of Use
Welcome to Foodpally (the website at foodpally.com and the Foodpally mobile application, together called the "Platform"). Foodpally is operated by Fuspay .
These Terms of Use set out the rules that apply when you access, browse, register for, or use the Platform and our services. By using the Platform in any way, you agree to be legally bound by these Terms. If you do not agree, please do not use the Platform or our services.
If anything is unclear, contact us at [email protected] — we're happy to help.
1. About These Terms
1.1 These Terms govern your use of the Platform and the services we offer. They apply to all users, including guests.
1.2 By using the Platform you confirm that you accept these Terms and agree to comply with them.
1.3 A breach of these Terms may result in restriction, suspension, or permanent withdrawal of your access to the Platform and services.
1.4 We may update these Terms from time to time. The latest version will always be available on the Platform. Continued use after changes means you accept the updated Terms.
1.5 If you do not agree with these Terms, do not access or use the Platform.
2. What Foodpally Offers
2.1 Foodpally is a platform that lets you order hot meals and related food items and have them delivered to your door ("Services"). Our focus is simple: hot meals, zero wahala.
2.2 The Platform connects you with kitchens, restaurants, and food vendors ("Partners") whose meals are listed for order and delivery.
2.3 Foodpally is not a restaurant or kitchen. We operate the technology that allows you to place orders and arrange delivery. We are not a partner, subsidiary, or affiliate of the Partners listed on the Platform unless we expressly say otherwise.
2.4 We do not control the preparation, quality, taste, or safety of the meals prepared by Partners. We do not guarantee that any meal will match the description, photo, or your expectations exactly, nor do we guarantee continuous availability of any item.
2.5 To the fullest extent permitted by Nigerian law, we disclaim all warranties (express or implied) regarding the quality, fitness for purpose, or merchantability of meals ordered through the Platform.
3. Access to the Platform
3.1 We do not guarantee that the Platform or Services will always be available, uninterrupted, or error-free. We are not liable if the Platform is unavailable for any reason or period.
3.2 Content on the Platform may contain errors or omissions. We do not guarantee that all information is complete or up-to-date.
3.3 You are responsible for ensuring you have the necessary devices, internet connection, and arrangements to access the Platform. Anyone using the Platform through your account must also comply with these Terms.
4. Account Registration and Eligibility
4.1 The Services are available only to individuals who are 18 years or older and capable of entering into legally binding contracts under Nigerian law. By registering, you confirm that you meet this requirement and that the information you provide is accurate and truthful.
4.2 To create an account you must provide at least your full name, email address, and telephone number. You may also be asked to verify your phone number with a one-time password. By completing registration you agree to these Terms and our Privacy Policy.
4.3 You are solely responsible for keeping your login credentials confidential. You are responsible for all activity that occurs under your account. If you suspect unauthorised use, contact us immediately at [email protected].
4.4 We may require you to change your password or suspend/delete your account if we suspect a security breach or misuse.
4.5 You agree that:
- All account information you provide is accurate, current, and not misleading
- You will update your information promptly when it changes
- You accept full responsibility for any consequences arising from inaccurate or outdated information
4.6 We may verify the information you provide and request additional documents if needed.
4.7 You may delete your account at any time. Account deletion is subject to our Privacy Policy and data retention rules.
5. Payments
5.1 All payments on the Platform are processed by licensed third-party payment providers.
5.2 You may pay for orders using the methods we make available from time to time, which may include:
| Payment Method | Availability |
|---|---|
| Debit / credit cards | Available |
| Bank transfer | Available |
| In-app wallet | Available |
| Other payment channels | Supported by our payment partners |
5.3 Prices are displayed in Nigerian Naira (₦) and include applicable taxes unless otherwise stated. Delivery fees (if any) are shown at checkout.
5.4 The total amount due is displayed at checkout and becomes payable when you confirm the order.
5.5 If a price changes before you confirm an order, we will notify you and you must accept the new price to proceed.
5.6 The payment processor is responsible for processing transactions. Foodpally is not liable for payment processing failures outside our reasonable control.
6. Intellectual Property
6.1 Foodpally and its Partners own all intellectual property rights in the Platform and the materials published on it. These rights are protected under Nigerian law. You may use the Platform only for personal, non-commercial purposes.
6.2 You may not copy, modify, reverse-engineer, disassemble, redistribute, or commercially exploit any part of the Platform without our prior written permission.
6.3 If you believe any content on the Platform infringes your intellectual property rights, contact us at [email protected] and we will investigate promptly.
6.4 Descriptions and images of meals are provided by Partners. Foodpally is not responsible for inaccurate or inappropriate descriptions. Please report any issues to us.
7. No Reliance on Content
Information on the Platform about meals (including photos, descriptions, ingredients, and prices) is provided for general information only. It is not advice you should rely on. While we try to keep information accurate, we make no guarantee that it is complete or current. Any reliance is at your own risk.
8. Limitation of Liability
8.1 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under Nigerian law.
8.2 To the fullest extent permitted by law, we exclude all conditions, warranties, and representations (express or implied) that may otherwise apply to the Platform or its content.
8.3 We are not responsible for the content of any third-party websites linked from the Platform. Links are not endorsements.
8.4 The Platform is provided for personal, non-commercial use only. You may not use it for business purposes without our prior written consent. We have no liability for loss of profit or business opportunity arising from unauthorised commercial use.
8.5 To the maximum extent permitted by law, Foodpally is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of (or inability to use) the Services.
8.6 We are not liable for loss or damage caused by unauthorised access to or use of your account resulting from your failure to keep your credentials secure.
8.7 Without limiting the above, Foodpally is not liable for:
- Delays or interruptions in the Platform or Services
- Your inability to access or use the Platform
- Actions we take regarding your account (including suspension)
- Errors, inaccuracies, or omissions in data you provide
- Viruses or other harmful material that may affect your devices through use of the Platform or linked sites
9. Indemnity
You agree to indemnify, defend, and hold Foodpally harmless from any claims, losses, damages, or expenses (including reasonable legal fees) arising out of:
- Your use or misuse of the Services
- Your breach of these Terms or any applicable law
- Any claim related to meals or items ordered through your account
We may assume exclusive control of any matter for which you are required to indemnify us, and you agree to cooperate with us.
10. Duration and Termination
These Terms take effect when you first use the Services and continue until terminated by you (by deleting your account) or by us.
11. Acceptable Use and Restricted Activities
11.1 You may use the Platform only for lawful purposes and only as intended.
11.2 You agree not to:
- Use the Platform in any way that breaches Nigerian law or regulation
- Use the Platform in any unauthorised or harmful way
- Engage in any fraudulent activity (including providing false information)
- Attempt to reverse-engineer, modify, or interfere with the software or systems that power the Platform
- Harass, abuse, or cause distress to our staff, Partners, or delivery personnel
- Attempt to place orders with the intention of not accepting delivery or making payment
12. Electronic Communications
By using the Services you consent to receive electronic communications from us (including emails, in-app messages, and push notifications). These communications satisfy any legal requirement for written notice. You also agree to the use of electronic signatures and records for transactions on the Platform.
13. Severability
If any part of these Terms is found to be invalid or unenforceable by a competent authority, that part will be severed. The remaining Terms will continue in full force and effect.
14. Personal Data
We collect and process personal data as described in our Privacy Policy. Please read it carefully. We only share your information as set out in the Privacy Policy or as required by law to fulfil your orders.
15. Consequences of Breach
If you commit fraud, breach these Terms, or violate applicable laws, we may:
- Suspend or permanently terminate your access to the Platform and Services
- Report the matter to the relevant authorities
- Take legal action
16. Placing Orders
16.1 Images of meals are for illustration only and may not exactly match the final product.
16.2 Orders are placed and confirmed in English. You can review and correct your order before final confirmation.
16.3 Confirming an order creates a binding offer to purchase the selected items. Cancellation is only possible before the Partner accepts the order (or as otherwise allowed under our cancellation policy at the time).
16.4 You can view your order history and payment records in your account.
16.5 If a Partner or meal you want is not listed, you may request it, but we are under no obligation to add it.
17. Delivery
17.1 Delivery is arranged through Foodpally or our delivery partners.
17.2 You agree to be available to receive the order at the address and contact details you provided.
17.3 If items are missing or incorrect, contact us immediately through the in-app support or [email protected]. We will investigate and, where appropriate, arrange a replacement or refund.
17.4 If you fail to accept delivery of an order that has been successfully prepared and dispatched, you may not be entitled to a refund or redelivery.
17.5 You are responsible for providing accurate delivery details. Inaccurate information may result in a failed delivery for which we are not responsible.
17.6 For issues with incorrect or incomplete orders, contact us promptly and keep the order in the condition it was delivered so we can properly investigate.
18. Complaints and Support
Please submit all complaints or support requests through the in-app chat or by emailing [email protected]. We aim to respond promptly and fairly.
19. Cancellations, Refunds and Order Issues
19.1 Cancellation rights depend on the status of the order (before Partner acceptance, after preparation has started, etc.). Specific rules will be shown at the time of ordering or in our current cancellation policy.
19.2 Refunds, where applicable, will normally be processed to the original payment method or your Foodpally wallet (if available).
19.3 We are not responsible for quality issues that arise solely from the Partner's preparation. We will, however, work with you and the Partner to resolve genuine complaints in good faith.
19.4 Platform or service fees already earned are generally non-refundable once the related service has been provided.
20. Disclaimer
The Services are provided "as is" and "as available". To the maximum extent permitted by law, Foodpally disclaims all warranties not expressly stated in these Terms. We make no representation that we have any ongoing relationship with every Partner listed on the Platform. We do not guarantee the reliability, timeliness, quality, suitability, or availability of the Services or of any meal ordered through the Platform. You use the Services at your own risk.
21. Promo Codes and Offers
From time to time we may issue promotional codes or offers. Promo codes:
- Must be used only for their intended purpose and in a lawful manner
- Cannot be sold, transferred, or shared publicly unless we expressly allow it
- May be disabled by us at any time without liability
- Are subject to specific terms we set for each code
- Have no cash value
- May expire
- May be withheld or reversed if we believe they were used fraudulently, in error, or in violation of these Terms
22. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Federal Republic of Nigeria. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the Nigerian courts.
23. Contact
For any questions about these Terms, contact us at:
| Channel | |
|---|---|
| [email protected] | |
| Address | 74 Odudwa Crescent, Ikeja GRA, Lagos |
| Website | https://www.foodpally.com |
Updated 25 days ago