Terms & Conditions

  1. Foodics terms and conditions:
    1. These terms and Conditions ( the terms) apply to your purchase and use of certain foodics hardware and services in advance with monthly recruiting payment in Foodics device as a service model (DaaS) as agreed under Article 3.3
    2. The above hardware includes but not limited to the following:
      1. iPad (Cashier)
      2. Mini iPad (Customer display)
      3. Holder + Customer Display Holder
      4. Cash Drawer
      5. Printer
      6. Barcode Gun/Scanner
      7. E-Scale (on Demand)
      8. mPOS + Connectivity
    3. The above hardware items shall be linked to Foodics cloud – based ipad point-of- sales (POS) restaurants management and operating system and all associated services and add- ons including third party services ( the Services), offered by Foodics or its affiliate companies and agents.
    4. These terms and conditions shall be read carefully before using the hardware or the services. Foodics reserves the right at its sole discretion, to change, modify add and remove portions of these terms , at any time , and it is your responsibility as a customer to check these terms periodically for changes. By accessing using the services or the hardware or sign online showing your agreement, you agree to be legally bound by these terms, if you don’t agree to any of these terms, then you should not use the services or the hardware. All rights not expressly granted to you in these terms are reserved by Foodics.
  2. The rights of Foodics to make changes:
    From time to time Foodics may add , make changes to, or remove altogether functionalities of the services or the hardware or implement minor technical adjustments and improvements, for example to address a security or any other thread. These changes may affect your use of the Services or the hardware at any time, and nothing in these terms shall be taken as a guarantee that all the services or the hardware will always be available or functioning either in its current form, or that Foodics will support, maintain or continue to offer the services or the hardware.
  3. Payment and Process:
    1. Following receipt of Foodics invoice, you as a customer has to approve the estimates presented by the invoice, through digital signature (Such as DocuSign or any other similar tool) or a formal approval email any other agreed format. The email or any other format, should contain a clear approval note from you in reply to Foodics quotation. Foodics may also request you to provide your commercial register , if applicable.
    2. Your estimate will not be processed and the services and hardware will not be provided Unless you pay either in full or as per show abidance by the monthly installment payment schedule. The service will be activated within 30 days of your full payment or on the payment of the first instalment. You have the right to postpone the activation date of the services or installation of the hardware within 30 days (for example your site is not ready). Such period is not subject to further extension, as foodics will automatically activate its billing system regardless of any request from you. Foodics will not make any exception in respect to any refund.
    3. Your payment may extend to (-----) period of time through monthly installment each worth (-----) SAR/ USD.
  4. Registration data, account security:
    If you register for the Services or the purchase of the hardware, you agree to:
    1. Provide and maintain accurate, current and complete information as may be promoted by any registration forms on the (service of hardware registration data).
    2. Maintain a security of your username and password.
    3. Maintain and promptly update the Registration Data and any other information you provide to Foodics and to keep it accurate, current and complete.
    4. Accept all risks of unauthorized access to the Registration Data you provide to Foodics. You are responsible for all activity on your account and for the changes incurred by your account .
  5. Your responsibilities: Administrator:
    1. You should assign at least one staff member familiar with IT to be the person in charge of co-ordaining with Foodics and to handle implementation of the Services and the Hardware (IT Administrator). The IT Administrator shall have the authority to receive the supplies necessary for the implementation of the Services and the Hardware and to sign the handover form for every task or hardware applied or installed (collectively, the Handover Form). The handover Form shall be considered by Foodics as official documents during the phase of the service implementation or hardware prescribed lifetime.
    2. The warranty for the wireless and wired infrastructure network shall expire after the hardware infrastructure Delivery Note Form has been signed, which indicates that the network was connected with all terminals and other devices hereinbefore mentioned are properly working. Thereafter any request for technical support will be priced according to Foodics price list and the support visit shall be scheduled 7 days in advance.
    3. The Customer will be responsible for and providing all the requirements necessary for thr implementation of the Services and Installation of the hardware, including but not limited to , all civil, electrical, mechanical, and all other required cabling works and internet connectivity. Foodics will not apply any installation or training until you ensure the require means and facilities to carry out these tasks are provided and ready on site.
    4. The Customer will be responsible for all activity that results from the Services through your account. You are responsible for maintaining the security of your account and password . Foodics will not be liable for any loss or damage that may result from any failure to keep your username and password secure.
    5. The Customer will be responsible for any theft or damage cased to the hardware equipment under his/ its charge.
  6. How to end the contract with Foodics:
    1. In case you wish to terminate your contract with Foodics, or you do not want to renew your subscription , you should inform Foodics by an email through success@foodics.com at least 30 days before the renewal date. Once you send your cancellation request, you will receive a standard email template that includes the required details . Please provide your business name, your contact person’s name and phone number, the order number and details , the reason behind the cancellation and your bank account ( details of IBAN, Bank name and beneficiary name).
    2. If you cancel your account , subscription, agreement ( if any) , your cancellation will take effect immediately, and you will not be entitled to any refund of fee paid in advance. But in case you have an agreement for payment by installments for any hardware, you will be reuored to pay the remaining installments at once.
    3. If your account is cancelled ( for any reason whatsoever): (a) your account will be deactivated or deleted. (b)all of your rights granted under these terms will immediately be terminated (c) all of your data and contents may be deleted from Foodics’s system immediately. It is your responsibility to make sure that any of your contents or data is saved and backed- up before cancellation. Foodics doed not grant recovery of your data and Foodics will not be responsible for any loss or damage following , or as a result of cancellation of your account.
  7. Refund Policy:
    1. Foodics has a 30 days’ money- back guarantee refund policy. In other words , you have the right to cancel your estimate invoice for service subscription within 30 days from the estimate approval , after which you loose your right of requesting a refund.
    2. You should send an official return request by email through refund@foodics.com with the following information: Your business name, your contact person’s name and phone number, the service you would like to refund for, the reason behind the cancellation, and your bank account details ( IBAN, bank name and beneficiary name).
    3. Refund will apply to software liceses . No refund will be possible for hardware and professional services ( which include , but not limited to : training and implementation related costs). Nevertheless, if you wish to cancel your estimate before the hardware is delivered to you , Foodics may consider refunding the full amount ( including the hardware) only on an exceptional basis and in foodics’s sole discretion.
  8. Foodics’s Responsibilities:
    1. As long as you are subscribed to the services , Foodics will grant you access to your existing and available reports. And as long as you are complying in payment of your installments of the price of the hardware, you will be free to use the hardware subject to these terms and Conditions.
    2. You are aware that some reports may be modified or developed by Foodics internally . In all cases, Foodics shall not be responsible nor accountable for any claims related to compliance with Visa Payment Applications ( PABP) or Applications for Data Security Standard ( PA-DSS).
  9. Installation and Training:
    1. The installation team will be scheduled and will co-ordinate with you based on queue status and customer fulfilling site readiness requirements.
    2. Foodics will provide your team with an online training sessions on the use of the services system as well as training on the use of hardware.
    3. If you require any other training session , after signing the Delivery Note Form , Handover Form , the additional fee shall be applicable according to Foodics’s price list.
  10. Foodics’s Right to end your Services:
    1. In case of breach of the Terms , Foodics may cancel or deactivate your account or forfeit any insurance paid by you at any time in Foodics sole discretion.
    2. Foodics may also end your Services at any time by a written notice to you if:
      1. You do not make any payment to Foodics when it is due.
      2. You do not provide Foodics with information that is necessary to be provided for the implementation of the Services.
      3. The condition of your premises do not allow foodics to deliver the Services, or
      4. You do not allow Foodics to deliver the Services to you.
    3. If Foodics ends the contract in the siuations setout in clause 10.1 and 10.2 above, Foodics will refund any money you paid in advance for the services which Foodics has not provided but Foodics may deduct or charge you for the costs Foodics incurs as a result of your breaking the Terms.
    4. Foodics may write to you to let you know that Foodics is going to stop the Services . Foodics will let you know at least 30 days in advance of foodics’s stopping the supply of Services and will refund any sum you have paid in advance for the Services which will not be provided.
  11. User content:
    1. In the Terms, the content available through the Services or hardware , including all information content, data logos, marks , interfaces, designs, graphics , pictures , sound files , other files and their selection and arrangements, is called Foodics Content. Content provided by end – users or Partners is called User Content. For example , data about a partner’s customer, its payments, menu, or operations or that an end user provides to Foodics is User Content of that end User . Foodics’s only right to that User Content is the limited licenses to it granted in the terms and as necessary to provide support to end- users or to ensure the security of the Services and technology of the hardware.
    2. Your data and User Content is your responsibility. Foodics has no responsibility or liability for it, or for any loss or damage your user Content may cause to you or to other people. Foodics does not claim any ownership interest or rights in your User Content except as provided for under the Terms , but Foodics does need the right to use your User Content to the extent necessary to provide the Services and equip the hardware, and as such you: (a) grant Foodics and its affiliates and subsidiaries, non- exclusive royalty- free , transferable right to use , display, perform, reproduce, distribute , publish , modify , adapt, translate and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content, (b) represent and warrant that : (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have lawful right to post or distribute that User Content , to or through the Service or hardware, and (ii) the use and posting or other transmission of such User Content does not violate the Terms and will not violate any rights of or cause injury to any person or entity. If your User Content is intended for the use of other users, you also grant Foodics and its affiliates and subsidiaries and partners a non- exclusive , royalty- free , transferable right to sublicense such User Content to such Users for their use in connection with their use of the services or hardware in accordance with all applicable privacy laws and regulations.
    3. You grant Foodics a, non- exclusive , royalty-free , irrevocable , perpetual license to use ( including for commercial purposes) information and/ or data collected by Foodics through your use of the Services and hardware , provided that Foodics may aggregate or anonymize property that information or data before using it. Other than this , Foodics claims no intellectual property right in relation to the information or content you put into the Servies.
    4. If you authorize third parties to access your User Content thorough the Services, you agree that Foodics is permitted to provide to them the User Content , and also agree that Foodics has no responsibility or liability for its use of such User Content. Any such access shall be governed by the applicable end- user or API agreements or terms applicable to such third party and may be subject to fees charged by such third party.
    5. You may provide Foodics with comments , feedbacks or suggestions on the Services or Hardware , and you agree that Foodics may use , modify and incorporate such suggestions without any obligation to you.
  12. Foodics Intellectual Property Rights:
    Other than the User Content , all contents and all software available on the Services and Hardware, or used to create and operate the Services, all intellectual property rights including patents, rights of inventions, copyright and related rights , trademarks and service marks, business names and domain names , rights in get-up , good will and the right to sue for passing off, rights in designs, database rights, rights to use , and protect the confidentiality of , confidential information( including know- how and trade secrets) and all other intellectual property rights , in each case whether registered or unregistered and including all applications and rights to apply for and be granted , renewals or extensions of, and the rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsists or will subsists now or in the future in any part of the world, are the property of Foodics or its licensors. Any original work created for you through Foodics by its owner , subcontractors or employees is owned by Foodics. You agree not to challenge or do any thing inconsistent with such ownership. Foodics grants to you a limited , revocable , non- exclusive , non- sublicensable , non- transferable license to access the Services and view nd copy and print the portions of Foodics content available to you through the Services for the limited purpose of using the Services as contemplated by these Terms. You may not publish or use e band branding or logos except with Foodics’s prior written consent.
  13. No Malicious or unlawful Use:
    You must not : (a) use the Services or the hardware in any unlawful manner, for any unlawful or fraudulent purpose , or in any manner inconsistent with these Terms , (b) infringe Foodics’s intellectual Property rights or those of any third party in relation to your use of the Services, (c) transmit any material that is defamatory , offensive or otherwise objectionable in relation to your use of the Srerives , (d) use the Services in a way that could damage , disable , overburden, impair, or compromise Foodics system or security or interfere with other users ,( e) collect or harvest any information or data from the Services or Foodics systems, or attempt to decipher any transmissions to or from the servers running any Services , (f) disclose or distribute information relating to User Content to any third party , or use any other User’s information for any marketing ourposes unless you have that user’s express permission to do so, or (g) access or register user logins via bots or other automated methods.
  14. Privacy Policy:
    Please refer to Foodics Privacy Policy for information on how Foodics collect, use and disclose personally identifiable information. By using the Services , or the hardware, you agree to Foodics use, collection , and disclosure of personally identifiable information in accordance with Foodics Privacy Policy. You agree that Foodics may collect, maintain and use non- personally identifiable data including the improvement and enhancement of Foodics Services and you grant Foodics an irrevocable, perpetual, non- exclusive right to use such data for such purpose.
  15. Warranty:
    1. As of the date of delivery of Foodics hardware , you will have a 90 days warranty on hardware for any manufacturing defect. After the expiry of the warranty period , you will be shifted to the support and maintenance of the manufacturer, Foodics is ready to help you in such shift.
    2. The Warranty of all the hardware and software that are not owned by Foodics are covered by the respective manufacturer’s warranty system as per their terms and conditions.
  16. Warranty disclaimer:
    1. Services are provided on “ as is ” and “ as available “ and as available basis , and your use of the Services is at your sole risk . You acknowledge that Foodics may use third party suppliers to hardware , software, connectivity, and all business requirements to get you the Services. The acts and omissions of the third party suppliers may be outside of Foodics control and you can’t hold Foodics liable for any loss or damage suffered as a result of any act or omission of any third party supplier. Foodics excludes any other warranties that may be implied or otherwise apply under statutes or other applicable law, to the maximum extent by law.
    2. Foodics does not warrant that the services will meet your specific requirements
  17. General
    1. Any notice, consent, agreement or official communication under these terms shall be in writing and shall be delivered by hand or sent by post or email to the other party at its address as set out in the invoice or such other address as may have been notified by that party for such purposes, or sent by email to the other party's email address as set out in the in the invoice. A notice, consent, agreement or official communication sent by email shall be deemed to have been received at the time of transmission provided that no message is received by the sender evidencing a delivery failure.
    2. Any dispute arising in connection with the Services or Harware provide under these terms or claim between the Parties shall be settled first by negotiation between the Parties' representatives within 7 days of arising of the dispute.
    3. Any variation of these terms shall be in writing and signed by or on behalf of the Parties.
    4. A waiver of any right under these terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given. Unless specifically provided otherwise, rights arising under these terms are cumulative and do not exclude rights provided by law.
    5. If any provision of these terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
    6. Nothing in these terms is intended to or shall operate to create a partnership between the Parties, or to authorize either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.
    7. These terms constitutes the entire and only agreement between the Parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understandings or statements of any nature made by the Parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter.
    8. These terms and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia any disputes arising thereof fall under the sole jurisdiction of Riyadh courts.