Terms of Service

1- CONTRACT BETWEEN YOU AND UFOODIN

The contract between you and uFoodin is starting when you register your account on our website/App. By using our services, you accept the whole conditions of this Terms of Service. The contract is covering all our Services, as uFoodin website and App.

This contract is valid for Members & Visitors

You can visit our Privacy & Cookies Policy concerning all the information about the Data collection, data use, and shared personal information.

When you have filled our Registration form, and click on “Create Account”, you accept to conclude this contract that engaged you legally.

If you are not agreeing our Terms of Service Conditions, do not click on “Create Account”.

If you decided later to stop this contract and not use anymore our Services, you only need to Close your account.

uFoodin reserved the right to modify this Terms of Service Conditions, Privacy & Cookies Policy at any time. You will be informed directly by our platform or by email.

The modification will be sent before the effective date, and let you the time to close your account if you not agreeing the modifications.

By continuing to use our Services will automatically signify you agree the modifications, once it is taking effect.

2- YOUR OBLIGATIONS

2.1- Contract & Account

By concluding this contract, you warranty the following items:

– You are 18 years old minimum

– You are in capacity to conclude this contact

– You have never been banned by uFoodin to use its Services

– You need to have only one uFoodin account with you real name

– You need to use your real information and not create a fake account

– Your account should be use only by you, you are responsible of your own account:

• Choose a strong password and keep it personal

• You cannot share a part or the full use of your account to another person: its mandatory to respect the law and our Terms of Services Conditions

2.2- Payment

When you purchase one of our Membership Services or Ads Placement on uFoodin website/App, you need to pay it, accept your payment data are stored with us. You also accept to pay the potential the VAT added in your services. VAT depending of your location, if you are a Personal or Company purchaser.

For any Refund, please refer to our Refund Policy

If you purchase our Membership Services or Ads Placement Service and the payment is cancelled or decline, we will stop immediately your access to the Membership Services or Ads Placement bought. You also accept in function of your location to take in charge all type of transaction fees.

We keep your payment information to let continue, without interruptions your Services in the case of Monthly Payment Plan, or Annually Prepaid Plan. You can choose to do not renew the Services at the end of the contract and stop the Contract Renewal in advance, from your Purchases Account. You can check all previous purchase from My Purchases Page.

2.3- Communication

You accept we communicate with you by different way: by e-mail, mobile number, messages on uFoodin website/App, notifications. You can update your contact information at any time in your account.

2.4. Information

You can choose in your Account, your Privacy and Profile visibility, to limit or not the access to your information by other members or visitors.

All information shared on our Services can be view, share and copy by other member or visitors.

uFoodin is not have the obligations to publish any content on the website, and can delete content, post at any time.

2.5- Additional Obligations – To do on uFoodin

uFoodin ask to all members to respect the rules of website/App community, defined by our Community Policy and the following ones:

2.5.1 By agreeing this contract, you have to:

– Communicate only exact information’s and update it if there is any change

– Use your real identity to register an account and use our Services,

– Use our Services professionally

– Respect all uFoodin rules, including the law of privacy protection, tax laws and regulatory requirements, intellectual property law, unsolicited email laws, and export control laws.

2.5.2 – By agreeing this contract, you do not have to:

• Create a false identity to use our Services, or create an account for another person

• Communicate information you do not have the right to communicate (e.g. personal data of someone)

• Communicate any information of uFoodin without our consent

• Hijack our security systems

• Develop or use any kind of software as scripts, bots, to web scraping our Services, or copy our data, members on our Services, or add / download contacts or send / receive messages.

• Violate any intellectual property of others and the ones of uFoodin, as patents, trademarks, copyrights or others intellectual properties.

• Post any virus, or any dangerous code

• Try to obtain source code of uFoodin and our Services, by any way

• Declare to other you are affiliate or sponsored by uFoodin, without our consent

• Monitor our performances and functionalities for competitive purposes

• Sale our services, or agree any kind of contract with others on our Services, without our consent

• Disrupt our Services operation by any way

• Violate our Community Policy

3- YOUR RIGHTS

3.1- About your information

All your information published in our Service are your own property. You have choice to make its Visible or Not by others on your Account Settings. You grant a non-exclusive the world right to uFoodin for this information:

  • Information can be transferable, with a sub-licenses allowed for the use, modification, copy, distribution, publication, content and data processing provided on our website/App Services, without any additional consent, remuneration and notice to you.

These rights are restricted:

  • You can cancel this license for a specific content to delete the content on our Service, or Close simply your Account, unless others have share, copy, or stored these information’s, we need a reasonable time to delete the content
  • We do include your content in our Ads Placement Services without your consent. Except you purchase our Service Ads Placement). We keep the right to place Ads around your content and data, without your consent and remuneration.
  • If we want to share/give your data to other parties, we will ask you previously your consent. If you decide to publish post in “Public”, other members can integrated the post in their “Public” post, the content may be accessible by other parties
  • We can modify your content or layout (for translation purposes for example), but we never change the meaning of it.

All your personal data are subject of our Privacy Policy

If you submit suggestions on our Services through our Contact Form, you accept we share and use it for any purpose without financial compensation.

You are engaged to communicate only the information’s and content you are in right to share. All these information and content should be real, and not break the law or violate personal rights.

3.2- About our Services

At any time, uFoodin can modify Services Prices for the future, modify, suspend or stop a Services. In all cases you will be informed in a legal deadline.

The data may not be any more stored on our Services, but you can ask a copy of all your Data here.

3.3- Third Parties & Members

Third Parties and members may publish offers of products, services, jobs, advertising, and uFoodin is not responsible of their sales and marketing. We are not responsible of their activities. If their content is not legal, exact, partial, differed, or confusing, uFoodin is not responsible.

uFoodin cannot review all the content publish on the platform (website/App). You recognize by the accepting this Terms of Service conditions, uFoodin is not responsible of the content and information of members, third parties, and uFoodin is not caution of them, even uFoodin recommend you a member Service or Product, through Ads or Widgets. If you are a member who offers Product or Services, you recognize to have all necessary license and right to do it on uFoodin. uFoodin is also not responsible of Events listed on the platform.

3.4- Restrictions for abused behavior

In case of non-respect of the uFoodin rules, we can restrict you for the Network connection with others, (e.g. too many Connection request in small imparted time). If we consider you are still not respect other rules, defined by the Community Policy of uFoodin, we can close or suspend your account at any time.

3.5- Data

uFoodin use your data to suggest you some content as Product Offers, Job Offers, Ads. You can read the Privacy & Cookies Policy to know more about it.

3.6- Intellectual Property Rights

uFoodin has a full right on its brand, logos, name, premium membership logo as registered trademar

4- DISCLAIMER AND LIMITATION OF LIABILITIES

uFoodin and its subsidiaries do not gives warranty and reject responsibility on:

    • Services interruption or Services Error, including all content and information from our Services, while respecting the law applicable.
    • Warranty of data accuracy, absence of counterfeiting, of merchantable quality or for a particular purpose
    • uFoodin and its subsidiaries exclude all responsibilities on this contract (in the respect of the law) on :
    • Your potential profit lost
    • Your Business opportunities lost
    • Your tarnished reputation
    • Your data lost, modify, update of use of our Services (in case of by a technical issue on our Services and Website/App)
    • Other all potentials indirect damages

uFoodin and its subsidiaries should have no responsibility to you or with this contract for an amount greater than 1000 EUR (including all fees) for the period of this contract payable to us or to you.

This negotiation base and exclusions are between you and us, and are applicable on all potential request of compensation (e.g. civil liability, warranty, negligence)

All these previous restrictions are not valid in case of fraud, willful misconduct, gross negligence, death, personal injury, or negligence due to breach of a material duty, an obligation substantial enough to warranty it make the prerequisite for providing services and on which you can reasonably rely, but only to the extent that the damage was caused directly by the breach and was foreseeable at the conclusion of this Agreement and to the extent that it is typical in the context of this Agreement.

5- CONTRACT TERMINATION

Both parties are able to decide to terminate this contract at any time. Once the termination is done, you lose all your access and use right to our uFoodin Services.

Only the following stipulations continue to survive after the contract termination:


    • Rights of Members and Visitors to continue to reshare the content you shared on our Services
    • Sums due to uFoodin or to you
    • The restrictions described in the section 4- Disclaimer and limitation of liability
    • Your Obligations in the paragraph 2.6

6- MARKETPLACE

Definition:

Seller : is uFoodin Members who selling its products/services on uFoodin Marketplace

Buyer : is uFoodin Members who buying products/services on uFoodin Marketplace

uFoodin : is the intermediate that facilitate the transactions between Seller and Buyer by offering the Marketplace system integrated on uFoodin platform.

Escrow Account : means the escrow account for the facilitation of all payments made via uFoodin Platform and Marketplace transactions.

Transaction fees : are the fees take on the global amount of each Transactions made between a Seller and Buyer. Fees are deductible of the global amount transaction. It mean the Seller will received the the Transaction global amount, minus the Transaction fees percentage indicate on this Term Of Service

6.1- Seller Subscription:

Seller subscription on uFoodin Marketplace:

  • Seller need to purchase the Business Membership on uFoodin in order to sell the products/services on the uFoodin Marketplace.

  • The uFoodin Business Membership is not refundable, even the verification of the compliance process is rejected by our service. The reason of the rejection could be, but not limited to:

  • Document unreadable

  • Document not accepted

  • Document expired

  • Document incomplete

  • Document missing

  • Document does not match user data

  • Document falsified

  • Underage person

  • Specific case

  • Legal proceedings against the company or its manager

  • Seller need to provide all documents List below to be verified by our service

o Company owner ID

o Company Registration proof

o Company Shareholder declaration

o Company Articles of Associations

  • Once the documents are verified and accepted by our service, the seller will be informed by email the validation. If needed, uFoodin could ask more document to complete the verification. Seller will immediately get access of the full functionalities of the marketplace.

6.2- Responsibility of each parties (Seller/Buyer/uFoodin)

6.2.1- Seller Party :

  • Seller is responsible for the quality of products/services delivered

  • Seller is the only responsible for the delay of the production and on indemnity caused due to the delay of utilization of the products/services by the buyer. The claim will be done by the buyer to seller directly.

  • Seller should put in its Seller dashboard the company information in the settings for each new product added on the marketplace.

  • Seller is responsible for choosing the correct VAT/Sales taxes/GST rate regarding the seller’s country regulation (if applicable) depending on the products/services the seller sells.

  • If the Seller need to establish a contract between the buyer and the seller company, the contract should include the commission fees of the escrow payment.

6.2.2- Buyer Party

  • Buyer is responsible for verifying the specification of the products/services before to buy

  • Buyer is responsible for paying the amount indicated on the sales contract

6.2.3- uFoodin Party :

  • uFoodin is only an intermediate between buyers and sellers, all issues regarding the delivery delay, quality issues of the products / services supplied and cancellation of the order by buyer/seller are not part of the responsibility of uFoodin

6.3- Purchase/Sell Policies:

6.3.1. Seller doesn’t indicate its own policies :

There is two case figures :

1st case figure: Cancellation before the payment of the buyer on the escrow account. Cancellation from the Buyer/Seller, no fees will apply on the cancellation.

2nd case figure: The party (buyer or seller) cancels the contract after payment of the buyer.

  • If the Buyer cancel the contract after its payment on uFoodin Escrow Account : 6% of the global amount will be retain, 5% for the Seller and 1% for uFoodin to cover Bank and Service fees

  • If the Seller cancel the contract after the buyer payment on uFoodin Escrow Account : 1% of the global amount will be retain for uFoodin to cover Bank and Service fee

6.3.2. Seller indicate its own policies

Seller can add its own policies on its store applicable for all its Product Offers, or add individually policies on each product offers. If the Seller add its own policies on the product offers, the ones of uFoodin in the paragraph 6.3.1 are not applicable.

6.4- Refund

If for some reasons the Seller need to refund partially or totally the buyer order, it will not be possible to do it through uFoodin Platform and our payment service. The Seller will need proceed to a direct bank wire to the Buyer Bank account. The transaction fees charged by uFoodin for this initial order are not refundable to the Seller.

6.5- Who is eligible to sell/buy products /services on uFoodin B2B marketplace.

Buyer and Seller from the countries list bellow are authorized to make transaction (sell or purchase) through uFoodin Marketplace :

185 AVAILABLE COUNTRIES TO SELL AND BUY*

More countries will be added in the future

***India : Sellers based in India can not sell to other Indian Companies. Indian Sellers can export only. Indian Buyers can import only

***Brazil : Sellers based in Brazil can not sell to other Brazilian Companies. Brazilian Sellers can export only. Brazilian Buyers can import only

**United States of America : Buyers based in US need to provide a Tax Exemption Certificate to purchase your Product. The document is asked during the checkout. If the buyer can not provide it, the transaction is blocked.

6.6- Escrow Account Payment Service

All transactions between Buyer and Seller will pass through an Escrow account payment service operated by uFoodin SAS. Any funds will be held in a third-party escrow account and will only be released to the seller upon successful verification of all legal documents of the transactions, as for example: contract, bill of lading, packing list, and all other documents legal documents that proving the good achievement of the transactions, depending of the transactions situations and types.

Transaction fees applied for Gold Seller (Business Membership Monthly & Annual) : 100 EUR / USD + 1% of the global transaction amount (including VAT if applicable and Shipping Cost)

Transaction fees applied for Basic Seller (Business Membersip Free) : 100 EUR / USD + 2% of the global transaction amount (including VAT if applicable and Shipping Cost)

6.7 – Shipping

This policy requires that all sellers provide accompanying services, coordinated shipment or pickup of products at destination address or other incoterm concluded with the buyers. Failure to comply with this policy may result in a warning, suspension of the seller privileges.

Incoterm accepted on uFoodin, take in charge by the Seller :

CIF (Cost Insurance & Freight ) :

Seller’s Obligations

  • Goods, commercial invoice and documentation

  • Export packaging and marking

  • Export licenses and customs formalities

  • Pre-carriage and delivery

  • Loading charges

  • Delivery at named port of destination

  • Proof of delivery

  • Cost of pre-shipment inspection

  • Minimum insurance coverage

Buyer’s Obligations

  • Payment for goods as specified in sales contract

  • Discharge and onward carriage

  • Import formalities and duties

  • Cost of import clearance pre-shipment inspection

  • DAP (delivered at place)

Seller’s Obligations

  • Goods, commercial invoice and documentation

  • Export packaging and marking

  • Export licenses and customs formalities

  • Pre-carriage and delivery

  • Loading charges

  • Cost of pre-shipment inspection

  • Main carriage

  • Delivery to named place of destination

  • Proof of delivery

Buyer’s Obligations

  • Payment for goods as specified in sales contract

  • Unloading from arriving means of transportation

  • Import formalities and duties

  • Cost of import clearance pre-shipment inspection

  • Onward carriage and delivery to buyer (depending on named place)

  • FOB (Free on Board)

Seller’s Obligations

  • Goods, commercial invoice and documentation

  • Export packaging and marking

  • Export licenses and customs formalities

  • Pre-carriage and delivery

  • Loading charges

  • Delivery onboard vessel at named port of shipment

  • Proof of delivery

  • Cost of pre-shipment inspection

Buyer’s Obligations

  • Payment for goods as specified in sales contract

  • Main carriage

  • Discharge and onward carriage

  • Import formalities and duties

  • Cost of pre-shipment inspection (for import clearance)

  • DDP (Delivered Duty Paid)

Seller’s Obligations

  • Goods, commercial invoice and documentation

  • Export packaging and marking

  • Export licenses and customs formalities

  • Pre-carriage and delivery

  • Loading charges

  • Main carriage

  • Proof of delivery

  • Import formalities and duties

  • Cost of all inspections

  • Delivery to named place of destination

Buyer’s Obligations

  • Payment for goods as specified in sales contract

  • Assist seller in obtaining any documents or information necessary for export or import clearance formalities

  • CFR (Cost and Freight)

Seller’s Obligations

  • Goods, commercial invoice and documentation

  • Export packaging and marking

  • Export licenses and customs formalities

  • Pre-carriage and delivery

  • Loading charges

  • Delivery at named port of destination

  • Proof of delivery

  • Cost of pre-shipment inspection

Buyer’s Obligations

  • Payment for goods as specified in sales contract

  • Risk starting with onboard delivery

  • Discharge and onward carriage

  • Import formalities and duties

  • Cost of pre-shipment inspection (for import clearance)

  • FCA (Free Carrier)

Seller’s Obligations

  • Goods, commercial invoice and documentation

  • Export packaging and marking

  • Export licenses and customs formalities

  • Pre-carriage to terminal

  • Delivery to named place of delivery

  • Cost of pre-shipment inspection

  • Proof of delivery

Buyer’s Obligations

  • Payment for goods at price agreed upon in sales contract

  • Unloading from arriving means of transportation

  • Loading charges

  • Main carriage

  • Discharge and onward carriage

  • Import formalities and duties

  • Cost of pre-shipment inspection (for import clearance)

6.8- Communication Policy between Seller and Buyer

As a Service Provider of uFoodin Marketplace, and all the services around the marketplace, as the Instant Messaging, and Social Platform functionalities in general, unless we inform you in writing that you are exempt from this policy, Seller can only contact a buyer by using uFoodin communication channel such as instant messaging functionalities or an uFoodin app. Seller may not use buyer personal data to contact buyers customers in any way for marketing or promotional purposes.

6.9- What uFoodin is going to check

uFoodin will verify:

  • The documents related to the status of the seller’s company

  • Documents regarding the exportation (Packing list, Certificate of Origin, etc)

  • The shipping documents (Bill of Lading, Waybill, etc)

Here are documents demanded per type of transportation used. Some products /services may have some exceptions and could be exempt of one or more documents demanded below.

Please note that uFoodin has right to ask more documents for further verification if there are suspected elements on the seller’s behavior or on the regarding transaction. Under no circumstances, uFoodin is responsible for delay or problem of shipping and quality issue or quantity issue of the product/service agreed by the seller.

  • Maritime

  1. Proforma Invoice

  2. Packing list

  3. Certificate of Origin

  4. Ocean Bill of Lading

  5. Insurance Documents

  • Air cargo

    1. Proforma Invoice

    2. Packing list

    3. Certificate of Origin

    4. Air waybill

    5. Insurance Documents

  • Inland transportation

    1. Proforma Invoice

    2. Packing list

    3. Certificate of Origin

    4. Inland Bill of Lading

    5. Insurance Documents

  • Multimodal transport

    1. Proforma Invoice

    2. Packing list

    3. Certificate of Origin

    4. Combined Transport Bill of Lading

    5. Insurance Documents

Please, find bellow the conditions to respects from the Seller, by delivering the documents scanned to uFoodin Support through the Seller Dashboard Message system, and also the original documents to provide to the Buyer before the Seller get paid*.

Once the Buyer received the original documents, within 48hours, the Buyer need to declare it to the Seller and Marketplace support to let proceed uFoodin to initiate the Supplier Payment. Got to “Orders”, enter in the Order details, and go to the section “Add a Note”. Without update from the Buyer after 48 hours after the original documents reception by mail, the Seller is in its right to request the withdrawal of the global amount of the order.

6.10- uFoodin Zero Tolerance Policy

uFoodin will investigate and may immediately suspend Seller privileges pending our investigation of any of the following buyer-reported incidents:

  • Fraudulent or offensive behavior (including information on your account, communication between you and uFoodin, communication between you and customers, and your behavior on the buyer property or designated service location).

  • Illegal activity in the course of performing your product sell or services.

6.8- Sell on uFoodin through uFoodin E-store

To access to the service Sell on uFoodin B2B Marketplace through uFoodin E-store, you need to purchase the Business Membership – Managed.

In this formula, uFoodin will post your product offers on its own E-store and manage sales as intermediate between your company and clients on uFoodin Platform

uFoodin act only as intermediate, and all potential disputes about the products, shipping, quality issue, are your responsibility as supplier of the products.

Clients of your product should accept this terms before place order, and be aware in case of disputes, that uFoodin will give all necessary contact information of the supplier to solve the dispute with the supplier directly.

uFoodin do not take any responsibility of in case of disputes and could not be considerate as a”Party” in the dispute.

7- MARKETPLACE PAYMENT SERVICE

8- DISPUTE RESOLUTION & CONDITION

  • DISPUTE RESOLUTION : In case you and uFoodin are in law dispute, the applicable law will be in the country of uFoodin Headquarter. The competent law court will the one of uFoodin Headquarter country.
  • CONTRACT CONDITION: This contract is the only one we have together.

9- CONTACT

For any subjects, complains, suggestions, questions, you can contact us by our contact form here.