Terms & Conditions

Welcome to Foodvai. This page tells you our Terms and Conditions which apply when you order any menu items from our website or mobile application and related services.

PURPOSE

Our objective is to produce, deliver and allow you to order items (our ″Products″) for delivery (our ″Service″). Where you order from Foodvai, we will manage your experience throughout the order process. In some of the case, our ″Product″ or ″Service″ may be provided by a third party that we believe to be of good quality and good standing, we shall however not be held liable for the quality of or any issues associated with such add-on items produced by third party.

SERVICE AVAILABILITY

Foodvai has a prescribed delivery area and specific operating hours. This delivery area and operating hours may change at any time due to factors such as weather, or demand on our service. This is to ensure that Items reach your door at their best. If you try to order a delivery to a location outside the delivery area or during out of operating hours or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.

Terms & Conditions

1. ORDERING You may order meals, drinks or such other products available at the Website or the App, and we will do our utmost best to make deliveries on the specified time and date you select delivered to your home or office. Orders must be received before the specified cut-off time for that given product which will be shown as you proceed through the ordering process. You shall review your order carefully before placing it, we shall not be held responsible for any failure to do so or changes after the order is made to the time, delivery address or items. We may however, in our sole discretion, choose to not process or to cancel your orders in certain circumstances. This may occur, for example, when the meals or products you wish to order is no longer available, out of coverage for delivery, or in other unforeseen circumstances such as operational outages. We will not charge you in these cases or refund the charges for orders that we do not process or cancel. To serve you better, we have made available add-on items such as drinks, desserts, other sides etc on the Website and the App produced by third party partners which we believe are of good quality, we shall however not be held liable for the quality of or any issues associated with such add-on items produced by third party.

2. DESCRIPTION While we endeavor to provide accurate description of the products and/or services offered on the Website and the App, we do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, reliability or suitability of the information and materials found or offered on the Website or the App, and the pictures shown are for illustration purpose only. You acknowledge that such information and materials are provided on ″as is″ and ″if available″ basis, and may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information and materials found or offered on the Website or the App generally. In the event of unavailability of certain ingredients, we will replace with similar ingredients while preserving the quality of the meals without update. While we attempt to identify ingredients that may cause allergic reactions for those with food allergies, we however do not make representation on the same and there is always a risk of contamination. If you are concerned with food allergies, please be aware of the said risk and that we may prepare food and use ingredients that contain nuts, nut oil, dairy, seafood, shellfish and gluten. While we endeavor to work only with wholesalers who have provided us halal and HACCP certification for supplied products, we do not provide any warranty or guarantee as to the accuracy, completeness and legal standing of this information. We endeavor to ensure and maintain a high quality and hygiene of the meals prepared for you, if however in the unlikely event that you found the meals delivered are not in good condition or contained items that do not belong therein, please do not consume the said meal but to contact us for a refund. We reserve the right to issue such full and partial refunds and any additional compensation in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery. We may request a photograph or other documentation showing the problem if it is something that can be seen by inspecting the Items. Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and other information.

3. DELIVERY

Please refer to our delivery information page for the delivery area covered and we may engage third party service provider to ensure delivery of the order within the time slot selected. Whilst we aim to ensure the service level of such third party service provider, we are not able to warrant their conduct or behavior and shall not be held responsible for any omissions or misconduct caused by such third party service provider.

Your order will be delivered at the timeslot selected and we endeavor to meet the said delivery time slot however it may be occasionally delayed due to traffic flow, weather conditions, unforeseen incidences or force majeure event, and we shall not be held liable for failure to deliver.

If it is in our view that the delivery of your order is likely to be substantially delayed, we will contact you to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may decline to accept the order and we will: (i) if cash payment is to be made upon delivery, not charge you for the order; or (ii) if online payment has been made, refund you the cost of such order to your bank account. The processing of the refund may take up to seven (7) working days.

You are responsible to be available at the time of delivery and ensure adequate arrangement is made. All risk in the products shall pass to you upon delivery. In any event where we are unable to reach you, we will attempt to contact you at the phone number given and the driver is unable to find a safe location to leave the food and if you are still unreachable, the order shall be deemed delivered and you will be liable for its payment in full as if you had received the order.

We shall not be held responsible for your failure to provide adequate access, information or arrangements for delivery. If we cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Item, and if the driver has been dispatched you will also be charged for delivery.

To ensure the highest quality of the meal served, it is highly recommended that all meals should be consumed immediately after delivery.

4. ORDER CANCELLATION AND DELIVERY DELAYS

4.1 Order Cancellation

We reserve the right to cancel an order at any time for various reasons, including but not limited to the unavailability of ingredients, inability to fulfill the order due to high demand, or any other circumstances beyond our control. In the event of an order cancellation, we will notify you as soon as possible and provide a full refund if any payment has been made.

4.2 Delivery Delays

Please note that delivery times may occasionally be delayed due to factors such as rider availability, inclement weather conditions, or longer preparation times at the restaurants. While we strive to meet the estimated delivery time slot, we cannot guarantee punctuality in such cases. We appreciate your understanding and cooperation.

4.3 Communication for Delayed Delivery

In situations where we anticipate a substantial delay in delivering your order, we will make reasonable efforts to contact you and arrange an alternative delivery timeframe. If the proposed time frame is not acceptable to you, you have the option to decline the order. In such cases, the following provisions will apply:

(i) Cash Payment: If you have chosen to make a cash payment upon delivery and decide to decline the order due to the delay, you will not be charged for the order.

(ii) Online Payment: If you have made an online payment and choose to decline the order, we will initiate a refund to your bank account for the cost of the order. Please note that the processing of the refund may take up to seven (7) working days.

4.4 Responsibilities for Delivery

It is your responsibility to be available at the specified delivery time and ensure suitable arrangements are made to receive the order. Upon delivery, all risks associated with the products pass to you. In the event that we are unable to reach you at the provided contact number and the delivery driver cannot find a safe location to leave the food, the order will be considered delivered, and you will be held liable for the full payment as if you had received the order.

4.5 Failure to Provide Adequate Access or Information

We shall not be held responsible for any failure on your part to provide adequate access, accurate delivery information, or necessary arrangements for a successful delivery. If you are unable to change the delivery address, you have the option to cancel the order. However, if food preparation has already commenced, you will be charged the full price for the items. Additionally, if the delivery driver has been dispatched, you will also be charged for the delivery fee.

4.6 Meal Consumption Recommendation

To ensure the highest quality of the meal served, it is highly recommended that you consume all delivered meals immediately upon receipt. We cannot guarantee the same level of freshness and taste if the meals are stored or consumed at a later time.

5. PRICE AND PAYMENT

All prices are in Bangladeshi Taka (BDT) or Thai Baht (THB) unless otherwise stated. The prices are correct as shown on the Website and the App, and are inclusive of applicable tax and delivery charges unless the delivery address is not within the delivery area or minimum order/basket size requirement shall apply. We reserve the right to review the prices from time to time. Payment can be made online (via bKash, SSLCommerz, debit or credit card payment) or cash on delivery.

We may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. Prices can also change at any time at our discretion of the Partner Restaurants. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any orders in process and appearing within your basket, provided you complete the order within 2 hours of creating the basket. Payment may also be made by using vouchers or account credit. Use of these is subject to Foodvai″s Voucher and Account Credit Terms.

Orders are considered final as soon as they are placed and modification/cancellation is generally not permitted. That said, we do make exceptions on a case-by-case basis and please inform us at least 2 hours in advance. In the event of cancellation, we may credit the cost of such an order to your account balance which can be applied to your next order. We are not liable or responsible for the time of an outside delays in outside payment gateway to charge or refund you or if your bank account/credit card has been used in a fraudulent manner.

6. CANCELLATION

Once you place the order through the Foodvai app/website, our customer support team will call you for confirmation. You can cancel the order at that very moment. Once your order is accepted and processed by the operation team, it is not subject to any kind of change or cancellation.

7. ACCOUNTS AND REGISTRATION

When ordering through the Website or the App, you are required to provide certain information or to register for an account, and information required includes your name, email address, credit card number, phone number and delivery address. You warrant that you have the legal capacity to use and to order through the Website or the App. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.

You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. If you have reason to believe that your account is no longer secure, then you must immediately notify us at [email protected]. We reserve the right to terminate or suspend your account at any time if we believe there is unusual activity on it.

We shall take all commercially reasonable measures in securing your orders and personal details, and will ensure that said details are retained only as long as necessary for the transaction and for the provision of the products and services to you. However, in the absence of fault on our part, we shall not be held liable for any loss that you may suffer in the event unauthorized access by third party to any data provided when accessing or ordering from the Website or the App unless we have been proved to be negligent in securing the information provided.

8. USE OF INFORMATION

You authorize us to use, store or otherwise process your personal information in order to provide the delivery of the order to you and for marketing and credit control purposes (″Purpose″), including but not limited to calling the provided number for promotional purposes. The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the delivery of the order to you.

9. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in connection with the Website and the App (including but not limited to, the recipe, design, layout, look, text, appearance and graphics) are owned by us and must not be reproduced without our prior written consent. You may for your own personal use, to print and download the materials or bookmark or share links directing others to the content on the Website and the App, provided that you do not modify, reproduce or republish any content either online or offline, without our consent. 1

10. ENTIRE AGREEMENT

The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website or the App, these Terms and Conditions shall prevail.

11. VARIATIONS OF TERMS AND CONDITIONS

12. Restrictions on Goods

12.1 Some of the Goods we offer on our Platforms are subject to restrictions for purchase (“Restricted Goods”), depending on the applicable laws of the country you purchase the Restricted Goods from. These restrictions include minimum age requirements for tobacco products and any other goods that we reserve the right not to deliver to you based on the relevant statutory requirements of the time being in force.

12.2 Cigarettes/Tobacco Products (“Tobacco”)

12.2.1 We may offer Tobacco on some of our Platforms where the laws allow. By offering Tobacco for sale on our Platforms, we do not purport to advertise, promote or encourage the purchase or use of Tobacco in any way.

12.2.2 To purchase Tobacco, you must be of the statutory legal age. Foodvaigo and their delivery riders, as the case may be, reserve the right in their sole discretion:

to ask for valid proof of age (e.g. ID card) to any persons before they deliver Tobacco;
to refuse delivery if you are unable to prove you are of legal age; and/or
to refuse delivery to any persons for any reason whatsoever.

12.3 Any offer for any Tobacco made on the Platforms is void when it is prohibited by law.

13. LAW AND JURISDICTION These Terms and Conditions shall be governed by and construed in accordance with the laws of the People's Republic of Bangladesh. The parties hereto submit to the exclusive jurisdiction of the courts of the People's Republic of Bangladesh. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

14. NO WAIVER No delay or failure on our part to enforce our rights or remedies under these Terms and Conditions shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

15. COMPLAINTS We value your satisfaction and strive to address any concerns or complaints you may have. If you encounter any issues with your order, delivery, or the quality of our service, we recommend the following steps to resolve the matter:

Contact our Customer Support Team:

Please reach out to our dedicated customer support team through our hotline at 01996 517203 or directly inform the delivery rider on-site. They will assist you in resolving the issue as quickly as possible.

Escalate through Social Media or Email: If your concern remains unresolved for more than 24 hours, you can message us on Facebook or Instagram, or send an email to [email protected]. We will thoroughly investigate the matter and aim to provide a resolution within 7 days. To help us expedite the complaint process, please provide the following details when contacting us:

Your order number

Date and time of the order

Description of the issue or complaint

Any supporting evidence such as photographs or relevant documents

We appreciate your feedback and are committed to ensuring your satisfaction with our service. Your concerns will be treated seriously, and we will make every effort to resolve them promptly.

QUESTIONS AND CONTACT INFORMATION If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information please contact us here :

Foodvai

Address : House#7, Section#2, Block#G, Housing Estate, Comilla Medical Road.

Email : [email protected]

Phone : (+880) 01996517203